Just broke up a marriage of years? Don’t know how to manage it? At A&O Abogados we explain how to get a divorce in court. The divorce process in Spain is a legal procedure that begins when a couple decides to end their marriage. Although it may seem like a complicated and hurdle-filled process, with the help of a family law attorney, it can be a relatively simple and quick process. In this article, we will explain the main steps of the divorce process in Spain.
Before starting the divorce process, it is important to note that the divorce can be by mutual agreement or contentious. The first occurs when both spouses agree to the separation and the terms of the divorce.
The second occurs when there is a discrepancy between the spouses regarding the terms of the divorce.
The first step you will have to take to get divorced is to file the claim before the Court of First Instance of the town where the marital home is located. It can also be filed where one of the spouses resides.
The demand must include information on the identity of the spouses, the reason for the divorce and the proposed measures in case of divorce by mutual agreement. If it is a contentious divorce, it is not necessary to include the proposed measures.
When your lawyer files the lawsuit, it will be transferred to the other spouse, who has a period of 20 days to respond.
If it is a mutually agreed divorce, the spouses can jointly present a proposal for measures that must be ratified before the Judge in an appearance in which both spouses must be present.
If the spouses do not reach an agreement, a hearing will be held in which the arguments of both parties will be heard and the sentence will be handed down. The sentence will put an end to the marriage and establish the corresponding measures. These measures may include custody of the children, alimony, compensatory pension and the attribution of the marital home.
Once the sentence has been handed down, it must be registered in the Civil Registry for it to have legal effects and the liquidation of community assets, if any, will proceed.
In summary, the judicial divorce process in Spain can be a relatively simple and fast process if it is a divorce by mutual agreement. If it is a contested divorce, the process can be longer and more complicated. In any case, it is important to have the advice of a lawyer specialized in family law. The lawyer will guide you at all times and help you protect your rights and interests.
Do you need to get a divorce and your ex-partner is making it difficult for you? At A&O Abogados, your family lawyer on the Costa del Sol, we will guide you. Call us now.