Divorce Lawyer in Spain

In Spain, divorce is regulated by the Civil Code, which establishes the conditions under which a marriage can be dissolved. Under Spanish law, spouses may obtain a divorce without proving fault, provided that the legal requirements are met. In the latter case, the couple can obtain a divorce without waiting for the one-year separation period. While divorce was illegal in Spain until 1981, the country has since become known for its liberal divorce laws, allowing for quick and relatively painless divorce proceedings.

To initiate divorce proceedings, one spouse must file a petition for divorce with a Spanish court. The petition must include the grounds for divorce and any requests for custody, child support, alimony, or division of property. Once the petition is filed, the other spouse has the opportunity to respond and make their own requests. If the parties agree on all the matters related to the divorce, the process can be relatively quick and straightforward. However, disputes over custody, support, or property can complicate the proceedings and make the process much more time-consuming.

Services of a divorce lawyer in Spain:

• Legal advice on divorce in Spain, including divorces between Spanish citizens and international divorces involving foreign nationals; determination of the spouses’ place of residence after divorce.
• Preparation of legal documents for divorce under Spanish family law; legal support of contractual legal relations.
• Representation by a divorce lawyer in a Spanish court, legal support throughout the divorce proceedings in court; division of marital property upon divorce.
• International protection in family cases and international divorce.
• Legal support of negotiations on family disputes in Spain and representation of interests in family cases before third parties.

In Spain, divorces are typically handled by family courts, which have jurisdiction over matters related to marriage, divorce, and family law. These courts have the power to issue decrees of divorce, which legally dissolve the marriage and establish the rights and obligations of the former spouses.

One of the unique aspects of divorce in Spain is that the law allows for what is known as a "express divorce" (a simplified and expedited divorce procedure). This is a simplified divorce process that can be completed in as little as three months, without the need for a lengthy separation period. To qualify for a divorce express, both parties must agree on the terms of the divorce and must not have any minor children.

Overall, divorce in Spain is a relatively simple and straightforward process, especially when compared to some other countries. However, it is important for anyone considering a divorce to consult with a qualified attorney to ensure the protection of their rights and interests throughout the process. With the right legal advice and support, anyone going through a divorce in Spain can emerge from the process with a fair and equitable settlement that allows them to move forward with their lives.