Are you considering a divorce in Spain but unsure where to start? Many people find themselves in this situation, and understanding the process can seem overwhelming. As an experienced divorce lawyer in Valencia, I can guide you through every step, ensuring you know what to expect and how to proceed. By the end of this article, you’ll have a clear roadmap to navigate your divorce process confidently
Understanding Divorce in Spain
What Does Divorce Entail in Spain?
Divorce in Spain is a legal dissolution of a marriage, which requires going through specific legal procedures. Whether you are a Spanish national or a foreigner residing in Spain, it’s crucial to understand the basic requirements and steps involved.
Types of Divorce in Spain
There are two main types of divorce in Spain:
1. Mutual Agreement Divorce (Divorcio de Mutuo Acuerdo): This is the most straightforward and amicable type. Both parties agree on the terms, including financial settlements and child custody.
2. Contentious Divorce (Divorcio Contencioso): This occurs when the spouses cannot reach an agreement. The court then intervenes to settle disputes over assets, custody, and other issues.
Steps to Getting a Divorce in Spain
1. Meeting the Requirements
Before initiating a divorce, you must meet specific requirements:
– Marriage Duration: The marriage must have lasted at least three months, except in cases of domestic violence.
– Residency: At least one spouse must have habitual residency of Spain.
2. Filing the Divorce Petition
Mutual Agreement Divorce
For a mutual agreement divorce, both spouses must:
– Draft a divorce agreement (convenio regulador) detailing the terms of the divorce, including asset division, child custody, and alimony.
– Submit the agreement along with the divorce petition to the court.
Contentious Divorce
For a contentious divorce:
– One spouse files a divorce petition (demanda de divorcio) with the court.
– The court will then notify the other spouse, who has the opportunity to respond.
3. Court Proceedings
Mutual Agreement Divorce
– The judge reviews the divorce agreement. If it’s fair and legal, the judge approves it without a court hearing.
Contentious Divorce
– The court schedules a hearing where both parties present their case.
– The judge makes a final decision based on the evidence and testimonies.
4. Finalizing the Divorce
– Once the judge approves the divorce, it’s finalized, and both parties receive the divorce decree.
Key Considerations in a Divorce
Child Custody
Child custody is often the most contentious issue in a divorce. In Spain, the court prioritizes the child’s best interests, which can result in:
– Shared Custody (Custodia Compartida): Both parents share custody, with the child spending equal time with each parent.
– Sole Custody: One parent has primary custody, while the other has visitation rights.
Division of Assets
Spousal Support
Spousal support or alimony depends on various factors, including:
– Duration of the marriage
– Financial status of both parties
– Contributions to the family
FAQs About Divorce in Spain
How long does the divorce process take?
A mutual agreement divorce can take as little as a few months, while a contentious divorce may take over a year, depending on the complexity and the court’s schedule.
Can foreigners get divorced in Spain?
Yes, foreigners can get divorced in Spain if they meet the residency requirements.
Tips for a Smooth Divorce Process
Communicate Clearly
Open and honest communication can prevent misunderstandings and make the process smoother. Try to reach an amicable agreement to avoid lengthy court battles.
Seek Professional Help
Consulting an **abogado familia** can provide clarity and ensure all legal aspects are covered. Professional advice can also help in negotiating fair terms.
Focus on the Children’s Well-being
Always prioritize the children’s needs. Maintaining a stable environment and shielding them from conflicts can help them adjust better to the changes.
Conclusion
Navigating the divorce process in Spain can be challenging, but understanding the steps involved can ease the journey. Whether you opt for a mutual agreement or a contentious divorce, having a knowledgeable **abogado divorcios Valencia** by your side can make a significant difference. If you’re considering divorce and need expert guidance, feel free to contact our office for a consultation. We’re here to help you through every step of the process, ensuring your rights are protected and your future is secure.
Sandra Márquez
Lawyer and CEO Expat&Legal Spain