1. Overview

A petition for divorce or separation, may be filed before the court on the following grounds: .

• Both spouses may agree to a divorce when they have been married for 3 full months or longer.
• Any of the spouses may file a petition for judicial separation or divorce without the other’s consent after having been married for 3 full months.
• The duration of a marriage is not a factor to file the petition for divorce or judicial separation when one of the spouses had been the victim of  any kind of domestic violence.

It is not required to have been legally separated for a certain period of time in order to be able to file for a divorce.

2. Types of divorce

a) Agreed divorce

The court proceedings involved to get an agreed divorce are quick and simple. The petition for divorce must be filed by your Spanish lawyer together with the parenting plan.

b) Contested divorce

In this case the divorce petition is filed by only one of the parties to the marriage without the other’s consent.

The court procedure may be long and complex.

Depending on the circumstances, before starting the divorce proceedings, provisional measures may be set up in order to settle the issues related to common assets, child custody, spousal support and alimony arrangements.

3. The effects of divorce

Once the divorce is granted, the parties to the marriage can remarry legally. The parties’ rights to inheritance and widow’s pension will be terminated, as well as other obligations derived from their marriage.

The divorced parents still keep their duties and rights with regard to their descendants.

4. Legal requirements to be able to file for  divorce in Spain

You may file for divorce in Spain only if you comply with any of the following requirements:

• In case of agreed divorce, if you and your spouse are Spanish residents at the time of filing for divorce.
• If you and your spouse are Spanish nationals, in case of agreed divorce, wherever you are located.