1. Overview
Petition for divorce, whether agreed or not, may be submitted before Spanish courts when married for at least 3 full months. The duration of a marriage is not a requirement to file petition for divorce in case of domestic abuse
Any of the spouses may file a petition for judicial divorce without the other’s consent.
It is not required to have been previously 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, children 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’ inheritance rights and pension after death 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 children.
4. Legal Requirements to be able to File 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.
- If you are the plaintiff and are a Spanish national, living in Spain.
- If you are the defendant and are a Spanish resident (regardless of your nationality)
5. Get Legal Help
Ask your questions to our team of Spanish lawyers.
» Amicable divorce before Spanish Courts, € 900.