The divorce in Spain may be processed by mutual consent or through a lawsuit in the Courts in the town where the spouses had their last registered address. The divorce may be processed by mutual consent or through a lawsuit filed by one of the spouses.

In order to be able to process it, the only documents required are the marriage certificate and the birth certificates of the children, if any. You will also have to prove that you are living or have been living in Spain before you separated (Certificado Padrón-Inhabitants Office).

A-.When a divorce by mutual consent, the spouses should sign a settlement agreement in which they agree: who will get the custody of the children, who will keep the property or will stay at home, if any alimony for the children will be paid, compensations, and the settlement of the matrimonial property regime.

Apart from this Settlement Agreement, you will have to present the marriage certificate and the birth certificates of the children, if any.

Approximately one month after the mutual consent divorce claim has been accepted by the Court, the judge will call the spouses to Court to ratify the Settlement Agreement that has been presented and then the Judgment for the divorce will be given immediately.

B-.If the spouses have not been able to reach an agreement, we will have to file a lawsuit proposing who will get the custody of the children, who will keep the property or will stay at home, if there will be any alimony for the children, compensations, and the settlement of the matrimonial property regime.

Once the lawsuit has been accepted and the other party is served with the claim, the defendant will have twenty working days to answer to the lawsuit and then the judge will set a date for the trial in which both spouses will have to be present.

This Law Firm is specialized in this kind of matters and we can help you with solving your situation. We are especially careful with divorce cases and will always protect your interests.