reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 245 - Authorization and celebration of marriage—When marriage not to be celebrated; minors

No marriage shall be celebrated unless it appears from the sworn declaration above mentioned, that the parties are possessed of the legal capacity to marry, under the provisions of this title; and if the contracting parties, or either of them, are minors, the ceremony cannot be performed until the written consent to such marriage, from the person authorized by this title to grant it, has been obtained and presented to the person who is to celebrate such marriage.
History —Civil Code, 1930, § 77.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 249 - Authorization and celebration of marriage—Fees of judge or justice

It shall be the duty of the judges or justices to celebrate the rites of marriage absolutely free of charge; Provided, That when the marriage ceremony is performed outside of the urban zone of the municipality in which the judge or justice resides, or when it is performed before nine o’clock a.m., or after five o’clock p.m., the judge or justice may charge such fee as may be agreed upon by the interested parties.
History —Civil Code, 1930, § 81; Apr. 22, 1931, No. 24, p. 228, eff. 90 days after Apr. 22, 1931.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 250 - Authorization and celebration of marriage—Penalty for false declaration

Any person making a false declaration under the provisions of this code, for the purpose of procuring the celebration of marriage of himself or herself, shall be deemed guilty of perjury, and shall be punished as provided in the Penal Code, Title 33, for that offense.
History —Civil Code, 1930, § 82.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 253 - Marriage by mandate through special power of attorney

Every man or woman who, being absent from the Commonwealth of Puerto Rico, may wish to contract marriage with any woman or man residing in the island who is not included within the disabilities or impediments prescribed by §§ 232 and 233 of this title, or within the prohibitions of the marriage regulations of §§ 235-240 of this title, may contract matrimony by a mandate through a special power of attorney.
History —May 5, 1945, No. 64, p. 236, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 254 - Marriage by mandate through special power of attorney—Medical certificate

Every man or woman who is away from the Commonwealth of Puerto Rico who wishes to contract marriage in Puerto Rico by a mandate through a special power of attorney shall obtain a certificate from a practicing physician, psychiatrist, psychologist or surgeon, showing that he or she does not suffer insanity, mental retardation or developmental deficiency in a severe or deep degree which may impede him or her from giving his/her consent, or from syphilis or any other venereal disease. Said certificate shall be acknowledged by an authorized official who shall also certify that the certificate has been issued by a physician, psychiatrist, psychologist or surgeon authorized to practice said profession.
History —May 5, 1945, No. 64, p. 236, § 2; May 12, 1967, No. 37, p. 222; Dec. 14, 1997, No. 141, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 255 - Marriage by mandate through special power of attorney—Execution of power of attorney

After obtaining the medical certificate provided for in § 254 of this title, the interested party shall, in continental United States, appear before a Commissioner of Deeds for Puerto Rico, or a duly authorized notary-public; or in any foreign nation shall appear before any officer authorized to execute powers of attorney; and, where the mandator is a member of the militia or a sailor, he shall, in the absence of an authorized notary public, appear before a chaplain or judge advocate to execute the proper mandate through a special power of attorney, to contract marriage.
History —May 5, 1945, No. 64, p. 236, § 3, eff. 90 days after May 5, 1945.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 256 - Marriage by mandate through special power of attorney—Contents of power of attorney

(a) The mandator shall set forth in the power of attorney the following information:
Names and surnames; color or race; age; date of birth, giving day, month and year; civil status; residence; occupation; city or town, state or province, and country of birth; father’s name, it not being required to state whether he is a legitimate, illegitimate, or recognized natural child; father’s place of birth; mother’s name; mother’s place of birth; if a widower, name of his late wife, date of her death and whether there are any surviving children after dissolution of the marriage by death; if divorced, name of his former wife; the court issuing the divorce decree; date of the decree and whether it is final, according to the laws of the land where it was issued; cause for the divorce, and whether there were any children on the date of the dissolution of the marriage. He may also set forth any special circumstances leading to the celebration of the marriage and the term within which the same is to be held, which term shall not exceed three (3) months, counting from the date of the execution of the mandate.
(b) Names and surnames, personal circumstances, and place of residence of the mandatory; names and surnames and personal circumstances of the contracting party.
History —May 5, 1945, No. 64, p. 236, § 4, eff. 90 days after May 5, 1945.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 257 - Marriage by mandate through special power of attorney—Verification or approval

If the power of attorney is not executed in continental United States before a Commissioner of Deeds but before a notary public, the notary’s signature must be verified by the proper official; if it is executed in any foreign kingdom or republic, the signature must be verified by a consul or consular agent of the United States of America; if it is executed before a chaplain or a judge advocate, the execution of the power of attorney must be approved by the immediate superior of the corps to which the soldier or sailor belongs.
History —May 5, 1945, No. 64, p. 236, § 5, eff. 90 days after May 5, 1945.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 258 - Marriage by mandate through special power of attorney—Power of attorney to be protocolized and registered

The mandate so executed through a special power of attorney to contract marriage shall be protocolized and registered in accordance with the laws of Puerto Rico.
History —May 5, 1945, No. 64, p. 236, § 6, eff. 90 days after May 5, 1945.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 259 - Marriage by mandate through special power of attorney—Medical certificate of contracting party; marriage license

After the mandate through special power of attorney to contract marriage is protocolized and registered, the contracting party residing in Puerto Rico shall secure a medical certificate and marriage license on which the column pertaining to the absent contracting party shall be filled out according to the power of attorney and shall be signed by the mandatary by writing down the names and surnames of the executor and signing below by proxy; the mandatary shall likewise sign the marriage license, and the medical certificate issued by the physician who examined the other contracting party outside of Puerto Rico shall be attached to the affidavit and shall be valid as if it had been issued by a physician-surgeon authorized to practice in the Commonwealth of Puerto Rico, a certified copy of the deed of power of attorney to be also attached to said document.
History —May 5, 1945, No. 64, p. 236, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 260 - Marriage by mandate through special power of attorney—Register of such marriages

The Secretary of Health shall prepare a register in which shall be recorded marriages celebrated by mandate through special power of attorney.
History —May 5, 1945, No. 64, p. 236, § 8.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 261 - Marriage by mandate through special power of attorney—Revocation of mandate

The mandate to contract marriage by a special power of attorney may be revoked at any time before the celebration of the marriage.
History —May 5, 1945, No. 64, p. 236, § 9, eff. 90 days after May 5, 1945.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 262 - Marriage by mandate through special power of attorney—Copies of law for armed forces; model forms

The Secretary of State of Puerto Rico shall forward copies of §§ 235-262 of this title to the heads of the armed forces for distribution among the chaplains and judge advocates for their information, accompanied by a model form of the deed of special power of attorney to contract marriage, which shall be prepared by the Department of Justice of Puerto Rico.
History —May 5, 1945, No. 64, p. 236, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 263 - Proof of marriage

Marriages solemnized before January the first, 1885, when the law of Civil Registry took effect in Puerto Rico, shall be proven in the manner established by former laws.
Those contracted afterwards shall be proven only by certification from the book of marriages. If this book shall have disappeared, any competent proof shall be admissible.
History —Civil Code, 1930, § 85.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 264 - Proof of marriage—Means of proof

In the cases referred to in the preceding section, the uninterrupted living together of the parents as husband and wife, together with the record of the birth of their children as legitimate children, shall be one of the means of proof of the marriage of the parents, unless it be shown that, either of them was bound by a previous marriage.
History —Civil Code, 1930, § 86.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 31 - Requisites Necessary to Contract Marriage (§§ 231 — 265) › § 265 - Proof of marriage—Contracted in United States or foreign country

A marriage contracted in the United States or in a foreign country, where such acts are not required to be registered in a regular and authentic manner, the said marriage may be proven by any of the means of proof admitted by law.
History —Civil Code, 1930, § 87.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 281 - Cohabitation, fidelity, and assistance

The husband and wife shall live together, and owe to each other mutual fidelity and assistance.
History —Civil Code, 1930, § 88.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 282 - Duties of spouses—Protection

The spouses shall protect themselves and satisfy their needs in proportion to their conditions and fortune.
History —Civil Code, 1930, § 89; June 2, 1976, No. 109, p. 310.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 283 - Duties of spouses—Domicile

The spouses shall decide by mutual agreement where to establish their domicile and residence for the attainment of the best interest of the family.
History —Civil Code, 1930, § 90; June 2, 1976, No. 111, p. 311.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 284 - Administrator of community property; alienation of property

Both spouses shall be administrators of the community property, except when otherwise stipulated, in which case one of the spouses shall grant a mandate to the other to act as administrator of the community property.
Purchases made by either of the spouses out of said property shall be valid when they comprise things or articles for personal or family use in accordance with the social and economic standing of the family. Provided, that either of the spouses may make said purchases in cash or on credit.
The real property of the conjugal community may not be alienated or encumbered, under penalty of nullity, except with the written consent of both spouses. Nothing above provided shall be construed as to limit the liberty of the future spouses to execute articles of marriage.
History —Civil Code, 1930, § 91; May 21, 1976, No. 51, p. 134, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 285 - Separate estates

The husband and wife shall have the right to manage and freely dispose of their respective separate estates.
History —Civil Code, 1930, § 92.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 33 - Rights and Duties Between Married Persons (§§ 281 — 287) › § 286 - Representative of conjugal community

Save as provided in § 284 of this title, either of the spouses may legally represent the conjugal community. Any unilateral administration act of one of the spouses shall bind the community property and shall be presumed valid to all legal effects.
History —Civil Code, 1930, § 93; May 21, 1976, No. 51, p. 134, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART III - Marriage (§§ 221 — 301) › Chapter 35 - Dissolution of Marriage (§ 301) › § 301 - How dissolution effected

Marriage is dissolved in the following cases:
(1) By the death of the husband or wife.
(2) By divorce legally obtained.
(3) If the marriage be declared null.
History —Civil Code, 1930, § 95.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 39 - Causes for Divorce (§ 321) › § 321 - Causes for divorce

The causes for divorce are:
(1) Adultery on the part of either of the parties to the marriage.
(2) Punishment by imprisonment of one of the spouses for a felony, except when said spouse receives the benefit of a suspended sentence.
(3) Habitual drunkenness or the continued and excessive use of opium, morphine, or any other narcotic.
(4) Cruel treatment or grave injury.
(5) Abandonment of the wife by the husband or of the husband by the wife, for a longer period of time than one year.
(6) Absolute, perpetual, and incurable impotency occurred [occurring] after marriage.
(7) Attempt of the husband or wife to corrupt their sons or to prostitute their daughters and connivance in their corruption or prostitution.
(8) Proposal of the husband to prostitute his wife.
(9) Separation of both spouses for an uninterrupted period of more than two (2) years. After the separation for the expressed period of time of more than two (2) years has been satisfactorily proven, neither of the spouses shall be considered to be guilty nor innocent when the judgment is rendered.
(10) Incurable insanity of either of the parties to the marriage, supervening after the marriage, for a period of more than seven (7) years, when it seriously prevents the spouses living together spiritually, if such insanity is satisfactorily established at the trial by the opinion of two (2) medical experts; Provided, That in such cases the court shall appoint legal counsel to represent the insane spouse at the trial. The plaintiff spouse shall be under obligation to protect and to satisfy the needs of the insane spouse in proportion to his or her condition and fortune, as long as it is necessary for his or her support; Provided, further, That this obligation shall in no case be less than two-fifths (₢) of the gross income which the plaintiff spouse may have from salaries, wages, or any other receipts.
(11) A statement of mutual consent between the spouses for the dissolution of the marriage, filed jointly by ex-parte petition.
(12) A statement of irreconcilable differences which have caused the irretrievable breakdown of the marriage, filed individually.
History —Civil Code, 1930, § 96; May 9, 1933, No. 46, p. 304; Mar. 29, 1937, No. 11, p. 132; May 6, 1938, No. 78, p. 191; Apr. 29, 1942, No. 62, p. 582; Apr. 2, 1971, No. 11, p. 19; May 30, 1976, No. 93, p. 275; June 2, 1976, No. 101, p. 299; July 26, 1979, No. 183, p. 504; Aug. 22, 1990, No. 49, p. 201; Dec. 8, 1990, No. 25, § 2; Aug. 18, 2011, No. 192, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 41 - Procedure in Action for Divorce (§ 331) › § 331 - Procedure

A divorce can be granted only in an action instituted in the ordinary manner, and by judgment rendered therein by the Court of First Instance. In no case shall a divorce be granted on any of the grounds provided in subsections (1) through (10) of § 321 of this title, when the grounds upon which it is sought is the consequence of an agreement or understanding between the husband and wife.
No person can secure a divorce under this Code who has not been a resident of the Commonwealth for one full year immediately preceding the action, unless the grounds on which the suit is based on have been committed in Puerto Rico, or while one of the parties to the marriage resided here.
Where the action of divorce is based on “cruel treatment or grave injury” or on “abandonment of the wife by the husband or of the husband by the wife, for a longer period of time than one year” and there are minor children had in the marriage sought to be dissolved by said divorce action, it shall be the duty of the court, before fixing a date for the holding of the trial, to subpoena the parties, if they are Puerto Rico residents, for a preliminary hearing or act of conciliation, over which the judge of the court shall preside in his/her chambers and the trial shall be held within the ten (10) days following the aforementioned summons; provided, that if in the act of conciliation, either of the spouses shows his/her firm and irrevocable purpose not to resume marital relations, the presiding judge shall order the clerk to include the case in the special calendar.
History —Civil Code, 1930, § 97; May 7, 1942, No. 118, p. 698; Aug. 18, 2011, No. 192, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 341 - Temporary custody of children

If there are children procreated in the marriage whose temporary custody is claimed by both spouses, the court shall summon the parties to the divorce suit under penalty of contempt, for an urgent hearing, and shall hear such testimonial and documentary evidence they may present. When evaluating the case, the court shall consider temporary joint custody, provided that it adjusts to the best interests of the minor. Otherwise, the court shall make the decision it deems proper based on the evidence presented and subject to the aforementioned standard while the divorce suit is tried and decreed. In addition to the above, the court may adopt any measure needed to award custody for the wellbeing of the children.
History —Civil Code, 1930, § 98; July 24, 1998, No. 170, § 1; Nov. 21, 2011, No. 223, § 11.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 342 - Residence

If the spouse suing for divorce has left, or has declared his or her intention of leaving, the conjugal domicile, the Court of First Instance shall designate a dwelling to reside in until termination of the trial.
History —Civil Code, 1930, § 99; May 30, 1976, No. 84, p. 260, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 343 - Payment of alimony

Should one of the spouses lack sufficient means to support him or herself during the divorce proceedings, the Court of First Instance shall order the other spouse to provide alimony in proportion to his or her means according to the social position of the family, or in those cases whereby the conjugal partnership lacks sufficient property or the spouses have entered into a prenuptial agreement.
Should the conjugal partnership have property, the Court of First Instance may order, at the request of either spouse, acknowledgment of the right of the claimant spouse to co-administer all or part of the community property or to have access to a particular piece of community property or to a liquid sum that will allow said spouse to support him/herself, or both, or to alimony, without this constituting a credit or a debt chargeable to the respective shares in the community property at the time of the liquidation.
Regarding the preceding case, the claimant spouse shall not have to prove need even during the divorce proceedings, except when claiming access to a monthly liquid sum equal to more than half of the total monthly income or liquid assets of the conjugal partnership.
History —Civil Code, 1930, § 100; July 24, 1952, No. 11, p. 30; May 30, 1976, No. 84, p. 260, § 1; Jan. 14, 1999, No. 46, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 343a - Suspension or modification without just cause of health care plans; prohibitions

It is hereby prohibited for any person who is undergoing a divorce process to suspend or modify, without just cause, health care plans or insurance for the children born during marriage and his/her spouse, if these plans had existed and were in effect during the marriage. Said prohibition shall take effect as of the time the divorce is filed with the court and shall end when divorce becomes final and biding, unless the court provides otherwise. If such insurance was suspended six (6) months before grounds for divorce arise and the divorce papers are filed, the person responsible for said plan or insurance shall show just cause for the suspension thereof.
History —Civil Code, 1930, added as § 100A on July 27, 2011, No. 151, No. § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 344 - Debts contracted after complaint is brought

From the day the proceeding of dissolution begins no debt contracted or transaction made by either of the spouses, chargeable to the community property, shall be valid without authorization of the Court.
History —Civil Code, 1930, § 101; May 30, 1976, No. 84, p. 260, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 43 - Provisional Measures to Which a Suit for Divorce May Give Occasion (§§ 341 — 345) › § 345 - Decisions not appealable; amendment

No appeal shall lie from the decisions of the Court of First Instance under §§ 341-345 of this title, and they shall be amended by the said court when the circumstances of the case require it.
History —Civil Code, 1930, § 102.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 45 - Extinction of the Action for Divorce (§§ 361 — 362) › § 361 - Reconciliation

An action for divorce shall be lost upon the reconciliation of the parties, whether said reconciliation occurs after the act which might have been the cause for the divorce, or after the action has been brought.
History —Civil Code, 1930, § 103.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 45 - Extinction of the Action for Divorce (§§ 361 — 362) › § 362 - Rights of plaintiff in new suit

In case of reconciliation the plaintiff cannot continue exercising the rights which he may have, but is at liberty to file a new suit for causes that have occurred after the reconciliation, and in such case may allege the former causes to corroborate the new action.
History —Civil Code, 1930, § 104.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 381 - Dissolution of marriage and division of property

A divorce carries with it a complete dissolution of all matrimonial ties, and the division of all property and effects between the parties to the marriage.
History —Civil Code, 1930, § 105.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 383 - Care of minor children after divorce

In all cases of divorce the minor children shall be placed under the care and patria potestas of the spouse whom the court, in the exercise of its sound discretion, considers best fitted to serve the best interest and welfare of the minor; but the other spouse shall have the right to continue family relations with his or her children, in such manner and extent as the court may determine upon decreeing the divorce, considering the case at issue.
In all cases of custody and patria potestas, the history of the prior domestic violence conduct of the parents shall be considered to determine the best interests of the child. In this sense, it shall be evaluated as to whether the person has already been a beneficiary of the diversion program established in § 636 of Title 8, and if convicted of any of the following crimes of abuse (§ 631 of Title 8); aggravated abuse (§ 632 of Title 8); abuse by threat (§ 633 of Title 8); abuse through the deprivation of liberty (§ 634 of Title 8) and sexual conjugal aggression (§ 635 of Title 8) part of the law known as the “Domestic Violence, Prevention and Intervention Act”. It shall be at the discretion of the court to hear the testimony of the minor when determining custody or patria potestas.
The spouse who has been deprived of the custody and patria potestas shall have the right to recover them if he or she proves before any competent Part of the Court of First Instance the death of the other ex-spouse or shows to the satisfaction of the court that the said recovery of the custody and patria potestas is convenient to the best interest and welfare of the minor.
History —Civil Code, 1930, § 107; Apr. 18, 1935, No. 44, p. 250; Mar. 21, 1947, No. 3, p. 4; Apr. 25, 1950, No. 112, p. 288; June 2, 1976, No. 100, p. 297; Aug. 13, 1999, No. 233, § 1, eff. 60 days after Aug. 13, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 384 - Rights of children

The divorce of the parents will not deprive the children born during the marriage of the rights and privileges which, according to law, belong to them, by reason of the marriage of their parents; but such rights shall not be claimed except in the form and under the circumstances in which such claims would have been made if a divorce had not taken place.
History —Civil Code, 1930, § 108.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 385 - Alimony

If any of the spouses does not have sufficient means for subsistence once the divorce is decreed on any of the grounds established in § 321 of this title, the Court of First Instance may assign alimony, [at] its discretion, from the income, earnings, salary or property of the other spouse.
The court may grant said alimony, taking into account any of the following circumstances, among others:
(a) The agreements reached by the former spouses.
(b) Age and state of health.
(c) Professional qualifications and likelihood of access to employment.
(d) Past and future commitment to the family.
(e) Participation with regard to work in the commercial, industrial or professional activities of the other spouse.
(f) Duration of marriage and marital cohabitation.
(g) Financial wealth and means and the needs of each of the spouses.
(h) Any other factor deemed appropriate within the circumstances of the case.
Once the alimony is fixed, the judge may modify the same on the grounds of substantial changes in the situation, income and wealth of one or the other spouse. Alimony shall be revoked through judicial decision if it becomes unnecessary, or if the divorced spouse entitled to such alimony contracts a new marriage or lives in public concubinage.
History —Civil Code, 1930, § 109; May 5, 1948, No. 90, p. 202; Feb. 16, 1995, No. 25.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IV - Divorce (§§ 321 — 385a) › Chapter 47 - Effects of Divorce (§§ 381 — 385a) › § 385a - Possession of home by custodial parent after divorce

(a) The spouse to whom custody is granted as a result of a divorce of the minor children of the married couple, or the physically or mentally disabled children, whether of legal age or minors or who are dependents as students until the age of twenty-five (25), shall have the right to claim the dwelling which constituted the home of the married couple and which is held as community property claim as a homestead, during the minority of the children, during their studies or because of the disability of the children who remained in his/her custody due to a divorce.
The community property which constitutes the homestead shall not be subject to partition while any of the conditions by virtue of which the former was granted exists. Provided, That the right to a homestead may be claimed from the moment it is needed, and may be claimed in the divorce suit, during the process thereof, or after the same has been decreed. Once claimed, the judge shall determine what, in fairness, is proper according to the special circumstances of each situation.
The spouse who claims the right to a homestead may retain all those goods regularly used in the home.
When the right to a homestead is claimed after the divorce has been decreed, the same may be granted by the Court that heard the divorce case.
History —Civil Code, 1930, added as § 109-A on Dec. 26, 1997, No. 184, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART V - Nullity of Marriage (§§ 411 — 412a) › Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a) › § 411 - When marriage void

When a marriage has not been contracted according to the requirements of this title, the same is null and void.
History —Civil Code, 1930, § 110.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART V - Nullity of Marriage (§§ 411 — 412a) › Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a) › § 412 - Right to bring action for annulment

The right to an action for a declaration of nullity of a marriage belongs to the parties to the marriage, to the public attorney, and to such other persons as may have an interest in the annulment of the same.
In case of violence or intimidation, the action of nullity can only be exercised by the innocent party.
History —Civil Code, 1930, § 111.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART V - Nullity of Marriage (§§ 411 — 412a) › Chapter 51 - Improperly Contracted Marriage (§§ 411 — 412a) › § 412a - Civil effects of annulled marriage

A marriage contracted in good faith produces civil effects even when it is declared null and void.
If there has been good faith on the part of one of the spouses it only provides civil effects with regard to that spouse and the children.
Good faith is presumed, if there is no evidence to the contrary.
If there has been bad faith on the part of both spouses, the marriage will only provide civil effects with regard to the children.
History —Civil Code, 1930, added as § 111-A on June 3, 1983, No. 72, p. 154.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 57 - Children Generally (§§ 441 — 442) › § 441 - Equality of rights of children

All children have, with respect to their parents and to the estate left by the latter, the same rights that correspond to legitimate children.
History —Aug. 20, 1952, No. 17, p. 200, § 1, retroactive to June 25, 1952.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 57 - Children Generally (§§ 441 — 442) › § 442 - Status of children

Children are legitimate, illegitimate, or legitimized.
Legitimate children are those born in wedlock.
Illegitimate children are those born out of wedlock.
Illegitimate children may be legitimized by the subsequent marriage of their parents.
History —Civil Code, 1930, § 112.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 461 - Presumption of paternity and maternity

A man is presumed to be the father when he and the mother of the children are married to each other and the children are born during the marriage, and when the children are born within three hundred days (300) after the marriage is terminated.
Voluntary acknowledgment creates a presumption of paternity in favor of the recognizer.
Child delivery determines maternity.
History —Civil Code, 1930, § 113; Dec. 29, 2009, No. 215, § 1, eff. 30 days after Dec. 29, 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 462 - Persons entitled to challenge paternity

The following persons are entitled to challenge the presumption of paternity:
(1) The presumed father;
(2) the biological father;
(3) the mother, and
(4) the child, pro se or through his/her legal representative.
History —Civil Code, 1930, § 114; Dec. 29, 2009, No. 215, § 2, eff. 30 days after Dec. 29. 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 463 - Persons entitled to challenge maternity

The presumption of maternity may be challenged, be it due to a simulated delivery or due to an inadvertent switch of the child during or after childbirth. The following persons are entitled to challenge the presumption of maternity:
(1) The presumed mother.
(2) The biological mother.
(3) The child, pro se or through his/her legal representative.
(4) The presumed father.
History —Civil Code, 1930, § 115; Dec. 29, 2009, No. 215, § 3, eff. 30 days after Dec. 29. 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 464 - Challenge by heirs

The heirs of any person entitled to challenge the presumption of paternity or maternity may only challenge the legitimacy of the child in the following instances:
(1) If the person entitled to challenge has died before the expiration of the period fixed for initiating his/her action in court.
(2) If he/she shall have died after filing his/her action without having desisted from it.
(3) If the child was born after the death of the husband.
History —Civil Code, 1930, § 116; Dec. 29, 2009, No. 215, § 4, eff. 30 days after Dec. 29. 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 465 - When to file action to challenge

The action to challenge the presumption of paternity or maternity by the legal father or mother shall be filed within a prescriptive term of six months from the date that he/she learns of the inaccuracy of the filiation or from the date of approval of this act, whichever is later. However, the legal father or mother shall not have cause of action to challenge the presumption when, even after being aware of the inaccuracy of the filiation by means of paternity test conducted by a laboratory, voluntarily agrees to register the birth of the minor in the Vital Statistics Register. This term shall neither apply in cases of adoption.
The action to challenge the presumption of paternity or maternity by the biological father or mother, as well as by the legal mother, shall be filed within a prescriptive term of one year counted from the date the birth of the child is registered in the Vital Statistics Registry.
When the action to challenge involves a child that has not reached legal age, the court shall safeguard the priority interest of the state to protect children over the interest of the presumed father or the presumed mother to conform legal reality to biological reality.
History —Civil Code, 1930, § 117; Dec. 29, 2009, No. 215, § 5, eff. 30 days after Dec. 29. 2009; Dec. 16, 2011, No. 245, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 59 - Legitimate Children (§§ 461 — 466) › § 466 - Rights of legitimate children

Legitimate children have the right:
(1) To bear the family name of the father and the mother.
(2) To be supported.
(3) To the legitimate inheritance.
History —Civil Code, 1930, § 118.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 481 - Children who May be legitimated

All children had out of wedlock may be legitimated.
History —Civil Code, 1930, § 119; May 13, 1947, No. 354, p. 682.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 482 - Legitimation by marriage of parents

The legitimation of children had out of wedlock shall be accomplished by the subsequent reciprocal marriage of the parents; Provided, That there shall be considered as legitimated children, all children had out of wedlock prior to the approval of this Act, whose parents have married each other after the birth of said children.
History —Civil Code, 1930, § 120; May 13, 1947, No. 354, p. 682.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 483 - Rights of legitimatized children

Legitimatized children shall enjoy the same rights as the legitimate children.
History —Civil Code, 1930, § 121.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 484 - Effective date of legitimation

The legitimation shall become effective from and after the date of the wedlock of the parents.
History —Civil Code, 1930, § 122.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 485 - Children dying prior to legitimation

The legitimation of children dying prior to the wedlock of the parents shall benefit their descendants.
History —Civil Code, 1930, § 123.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 61 - Legitimatized Children (§§ 481 — 486) › § 486 - Dispute of legitimation by third parties

The legitimation may be disputed by persons considering their rights impaired, when the legitimation be granted in favor of person not having the lawful condition of natural children, or when the requirements prescribed in §§ 481-486 of this title have not been met.
History —Civil Code, 1930, § 124.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 501 - Natural children—Born after 1942

All children born out of wedlock subsequent to the date this Act takes effect, shall be natural children, whether or not the parents could have married at the moment when such children were conceived. These children will be legitimized by the subsequent marriage of the parents, to each other.
History —May 12, 1942, No. 229, p. 1296, § 1, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 502 - Natural children—Born prior to 1942; recognition

Children born out of wedlock prior to the date this Act takes effect, and who lack the qualifications of natural children according to previous legislation, may be recognized for all legal purposes by the voluntary action of their parents, and in their default, by that of the persons having the right to inherit therefrom. These children will be legitimized by the subsequent marriage of the parents, to each other.
In the event that the children to whom this section refers were not recognized by the voluntary action of their parents or by those with a right to their inheritance, said children shall be considered natural children only for purpose of using the surname of said parents. The legal action for said recognition shall be carried out in accordance with the procedure established in this title for recognition of natural children notwithstanding fact that said recognition shall only be for the purposes herein expressed.
History —May 12, 1942, No. 229, p. 1296, § 2; May 12, 1945, No. 243, p. 814, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 503 - Natural children—Proof of recognition

In no criminal or civil action against the father or mother who recognized a child who lacked the qualifications of a natural child, according to previous legislation, may the fact of such recognition be introduced as evidence, except in the case of an action filed by the child to claim his rights as such.
History —May 12, 1942, No. 229, p. 1296, § 3, eff. 90 days after May 12, 1942.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 504 - Recognition of natural child

Natural children are those born out of wedlock, from parents who, at the moment when such children were conceived or were born, could have intermarried with or without dispensation.
The natural child may be recognized by the father and mother conjointly or by one of them only either in the record of birth or in the testament or in any other public instrument.
The father is obliged to recognize the natural child:
(1) When there exists an indubitable statement in writing of this father wherein he expressly acknowledges his paternity.
(2) When the child has uninterruptedly enjoyed the condition as of a natural child of the defendant father justified by acts of the same father or of his family.
(3) When the mother was known to have lived in concubinage with the father, both during her pregnancy and at the time of the birth of the child.
(4) When the child may present any authentic evidence of paternity.
The mother shall likewise be obliged to recognize a natural child in the same cases as the father, and further where the act of the confinement and the identity of the child are fully established.
The child, if of age, cannot be recognized without his consent.
When the recognition of the minor is not made at the time of recording the birth or in the testament, the approval of the judge of the part of the Court of First Instance where the child resides, with the concurrence of the fiscal, shall be necessary.
History —Civil Code, 1930, § 125.