In short
Article 429 says what must accompany a joint petition for the court to admit it: a convenio signed and sworn by both spouses on nine matters. The will to divorce; the exercise of patria potestad over minor children; the attribution of custody to one or both in shared form; the guardianship or extended patria potestad over adult incapacitated children and their custody; the attention to those children’s needs and sustenance; how each spouse will relate to the children who do not live with them; the attention to the spouses’ own economic needs; how to adjudicate the ganancial assets and liabilities or regulate the ex-spouses’ economic relations; and other necessary consequences of the divorce. And it adds a practical relief: in the joint petition for irreparable rupture there is no duty to liquidate the sociedad de gananciales, but an inventory and appraisal must be made. Article 430 allows resolving without a hearing, at both parties’ request, when four circumstances concur: that it is joint, that there is economic agreement, that there are no children in common or those there are are adults, and that none needs alimony during the process. Article 431 requires the court to constate that both agree to end the marriage freely, without coercion from each other or from third parties, and with full awareness of the consequences. Article 432 bars it from granting the divorce if it concludes one of the spouses will not receive adequate protection, until the necessary measures are adopted. On the other side, Article 433 requires emplazamiento and a hearing in the individual petition; Article 434 provides that the judgment will dissolve the tie without describing the specific conduct that gave rise to the petition; and Article 435 allows converting the individual into a joint one by the spouses’ will alone, without swearing again.
What is it?
They are Articles 429 to 435 of the Civil Code of 2020: what a joint divorce petition requires, when it is resolved without a hearing, and what changes if the petition is individual.
Who can do it?
Any married couple about to seek a divorce in Puerto Rico, jointly or separately.
Requirements
- The joint petition must come with a convenio signed and sworn by both spouses on the nine matters Article 429 lists.Verified against the official source
- In the joint petition for irreparable rupture there is no duty to liquidate the sociedad de gananciales, but an inventory and appraisal is required.Verified against the official source
- The court may resolve without a hearing if the petition is joint, there is economic agreement, there are no minor children, and none needs alimony during the process.Verified against the official source
- The court must constate that both agree to end the marriage freely, without coercion and with full awareness of the consequences.Verified against the official source
- If it concludes a spouse will not receive adequate protection, the court is barred from granting the divorce until the necessary measures are adopted.Verified against the official source
- In the individual petition the court decrees the dissolution after notice by emplazamiento and the holding of a hearing.Verified against the official source
- The judgment on an individual petition for irreparable rupture dissolves the tie without describing the specific conduct behind it.Verified against the official source
- The individual petition may be converted into a joint one by the spouses’ will alone, without swearing it again.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Prepare the convenio
Article 429: signed and sworn by both, on the nine matters the article lists.
Step 2: No need to liquidate, but do inventory
The same article: in the joint one for irreparable rupture an inventory and appraisal suffices.
Step 3: See whether it may be resolved without a hearing
Article 430: joint, with economic agreement, no minor children, and no need for alimony during the process.
Step 4: The court checks the freedom
Article 431: that both agree freely, without coercion and with full awareness of the consequences.
Step 5: And that the convenio protects both
Article 432: if one will not receive adequate protection, the court may not yet grant the divorce.
Step 6: If the petition is individual, there is a hearing
Article 433: the court decrees dissolution after notice by emplazamiento and the holding of a hearing.
Step 7: The judgment does not recount what happened
Article 434: it dissolves the tie without describing the specific conduct behind the petition.
Step 8: And it may become joint
Article 435: by the spouses’ will alone, without the petitioner swearing again.
Where to do it
These articles do not describe the filing procedure, which this site covers in a separate guide from the Poder Judicial’s source. The Code does not define here what adequate protection is or who measures it, although Article 432 bars the court from granting the divorce without it. It does not say what Article 429’s inventory and appraisal must contain, or who prepares it. It does not say how Article 430’s summary resolution is requested. And it publishes no fees or processing times. There is also a defect of the text worth pointing out: the OGP compilation cites Article 432 as "(31 L.P.R.A. § 679)", while 431 appears as § 6778 and 433 as § 6780. That number is not completed here.
How long it takes
What to do if something goes wrong
Three pieces of this subsection change how a divorce is planned. The first is Article 429’s relief: in the joint petition for irreparable rupture, the spouses are not obliged to liquidate the goods and obligations of the sociedad de gananciales, but must make an inventory and appraisal. Translated: the tie can be closed without having finished dividing, as long as what exists is known and documented. That unsticks many cases stalled by a disagreement over a house or a business. The second is Article 430, which allows resolving the petition without a hearing if four things concur at once: joint petition, agreement on the economics, no children in common or those there are being adults, and none needing alimony during the process. There are four, not three, and all must be met. The third is Article 432, worth reading before signing a lopsided convenio: if the court concludes one of the spouses will not receive adequate protection, it is barred from granting the divorce until the measures needed to ensure just and equitable treatment are adopted. Anyone signing to get out quickly should know the court itself may stop it. What adequate protection is the article does not define, and it is not defined here on its behalf. For whoever goes the individual route, two things bring relief. Article 434 says the judgment will dissolve the tie without describing the specific conduct that gave rise to the petition, so the judgment does not become a public account of what happened. And Article 435 allows converting the individual petition into a joint one by the will of the two alone, without the petitioner having to swear again, which lets a case that started one way and ended in agreement be redirected. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing the gananciales must be liquidated before a joint rupture divorce: an inventory and appraisal suffices.
- Filing a joint petition without the sworn convenio on Article 429’s nine matters.
- Counting on a hearing-free resolution while meeting only some of Article 430’s four circumstances.
- Signing a lopsided convenio: Article 432 bars granting the divorce without adequate protection.
- Expecting the individual judgment to recount the conduct: Article 434 provides the opposite.
- Sticking with the individual petition once there is agreement: Article 435 allows converting it.
- Swearing the petition again on conversion: the same article says it is not needed.
- Looking in these articles for fees or processing times: they publish none.
Frequently asked questions
Must the property be divided before divorcing?
In the joint petition for irreparable rupture, no: Article 429 only requires an inventory and appraisal.
May one divorce without a hearing?
Article 430 allows it at both parties’ request if the petition is joint, there is economic agreement, no minor children and none needs alimony.
Will the judgment say why we divorced?
In the individual petition for irreparable rupture, no: Article 434 dissolves the tie without describing the specific conduct.
May the court refuse to grant the divorce?
Article 432 bars it while it concludes one of the spouses will not receive adequate protection.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
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.
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