Skip to content
MiPRFácil
ESEN
Family

To divorce before a notary, one of the two must have resided a year in Puerto Rico

Last reviewed: September 13, 2026 — VerifiedPoder Judicial

In short

The Civil Code of 2020 allows the marriage to be dissolved without litigation: by both spouses’ consent expressed in a public deed. The entry condition is a single one and is worth reading slowly, because people enlarge it: at the moment of granting the deed, at least one of the spouses must have resided in Puerto Rico during the immediately preceding year. One, not both. From there the article deals with two situations that complicate the errand. The first is money: when the marriage is governed by the sociedad de gananciales and there are common goods or debts, the spouses shall subscribe an agreement containing the inventory, the appraisal, the liquidation and the adjudication of those goods and debts. That agreement is protocolized with the divorce deed, and the Code itself clarifies something that surprises many: protocolizing it does not turn it into a public instrument. The second situation is the children. When there are minor children common to both, they must set the terms and conditions on custody, patria potestad, support, filial relations and hogar seguro, as part of a stipulation prepared by each spouse’s legal representatives. And those representatives must state, right after the signatures, two things: that their client was duly informed of the rights that assist them, and that if they are not in agreement with settling the children’s matters in that act, they may always do so before a court. That last phrase is the article’s escape valve: the notarial route does not close the courthouse door on what concerns the children.

External link

Go to the official site

You'll leave MiPRFácilOpens in a new tab

bvirtualogp.pr.gov

What is it?

It is Article 473 of the Civil Code of 2020, opening Section Three of Chapter III of Title IV of Book Two: notarial divorce by both spouses’ consent.

Who can do it?

Spouses who consent to divorce when, on granting the deed, at least one has resided in Puerto Rico during the immediately preceding year.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Check the residence year first

    On granting the deed, at least one of the two must have resided in Puerto Rico the immediately preceding year.

  2. Step 2: Consent goes in a public deed

    Article 473 dissolves the marriage by the spouses’ consent expressed in a public deed.

  3. Step 3: If there are gananciales, prepare the agreement

    It must contain the inventory, appraisal, liquidation and adjudication of the ganancial goods and debts.

  4. Step 4: That agreement is protocolized

    It is protocolized with the deed, and the Code clarifies that this does not make it a public instrument.

  5. Step 5: If there are minors, a stipulation is needed

    On custody, patria potestad, support, filial relations and hogar seguro, prepared by the legal representatives.

  6. Step 6: The lawyers sign a statement

    After the signatures they state their client was informed of their rights and may go to court.

Where to do it

Article 473 does not say before which notary the deed is granted, nor does it publish any tariff, fee or term. Nor does it define what "has resided" means — it fixes no domicile test and names no document to prove it — nor does it say what happens if neither meets the year. It does not explain what happens if the ganancial agreement is later challenged, nor who may act as legal representative beyond calling them that. And the rules common to both notarial routes — when the tie is dissolved, notice to the Registro Demográfico, effect against third parties and the case of an incapacitated person — are in Article 475, which this site covers separately. None of those gaps is filled here.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

The commonest error with this route is believing both spouses must have been living in Puerto Rico for a year. The text asks for less: at the moment of granting the deed, at least one of the spouses must have resided in Puerto Rico during the immediately preceding year. One suffices. What the article does not do is define what counts as having resided, and that absence is worth keeping in mind before treating the year as met. The second point is about money and is often neglected: the notarial route does not erase the liquidation of the gananciales, it moves it into the same act. If the marriage is governed by the sociedad de gananciales and there are common goods or debts, the agreement must contain the four things the Code names — inventory, appraisal, liquidation and adjudication — and is protocolized with the deed. There is a technical detail the article itself takes the trouble to clarify and that may matter later: protocolizing it does not turn it into a public instrument. The third point concerns the children, and is the most reassuring when read in full. If there are common minor children, the stipulation must cover custody, patria potestad, support, filial relations and hogar seguro, and it is prepared by each spouse’s legal representatives, not by the notary alone. Those representatives then sign a statement that they informed their client of the rights that assist them, and that if the client is not in agreement with settling the children’s matters in that act, they may always do so before a court. That is: accepting the notarial route for the tie does not force you to close the children’s matters there and then. MiPRFácil is not a notary’s office and gives no legal advice.

Common mistakes

  • Believing both spouses need the residence year: Article 473 asks that at least one meet it.
  • Counting the year from the wedding or the separation rather than from the granting of the deed.
  • Assuming the notarial route removes the liquidation of the gananciales: it moves it into the same act.
  • Leaving one of the four pieces out of the agreement: inventory, appraisal, liquidation and adjudication.
  • Thinking protocolizing the agreement makes it a public instrument: the article says it does not.
  • Forgetting hogar seguro inside the stipulation on the minors: the Code names it alongside the other four matters.
  • Believing that accepting the notarial route closes the courthouse door on the children’s matters.
  • Assuming the notary drafts the stipulation: the article assigns it to each spouse’s legal representatives.

Frequently asked questions

Must both of us live in Puerto Rico?

No. Article 473 asks that on granting the deed at least one spouse has resided here the immediately preceding year.

Must the goods be divided in the same act?

If the sociedad de gananciales governs and there are common goods or debts, yes: the agreement with inventory, appraisal, liquidation and adjudication is protocolized with the deed.

And if we do not agree about the children?

The article requires the legal representatives to state that, if not in agreement with settling those matters in that act, they may always do so before a court.

Who prepares the stipulation on the minors?

Each spouse’s legal representatives, per Article 473 itself, and it is protocolized with the divorce deed.

Official sources

These are the government pages this guide is based on.

Last verified

September 13, 2026

MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.

MiPRFácil does not submit applications on your behalf.

Was this guide helpful?

Did you find out-of-date information?

Did you find out-of-date information?

No account needed. We don't ask for personal data.