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If you find yourself wanting to get a divorce in Spain in Alicante or other areas like Torrevieja, we advise you to contact a Spanish lawyer for the process to be smooth and quick. Certainly, in CC Lawyers we understand that a separation is an emotional and tense time, hence, we try to be as clear as possible for the client to understand every little detail they need to know about this legal action.
In Spain, the process of marriage dissolution encompasses a range of scenarios, including when both partners are residents in Spain, when both partners hold Spanish citizenship but live abroad, or when one partner comes from a foreign country. Our Law Firm recognizes the unique variables that each case presents and strive to provide guidance that is both legally sound and considerate of the individual elements at play.
It is crucial to consider that, as general information, Spanish Law establishes that before applying for the separation of the marriage, the couple must have been married for at least three months.
There are several ways in which a marital split can take place, all depending on the couple’s situation. The petitions must be filled with the Court of First Instance, being applicable for legal separation and marriage annulment as well. The person who wants to file for marital dissolution does not need to give the cause for the separation, so the procedure can be initiated by one of the partners easily.
Then, legal proceedings in Spain may be processed by mutual consent or through a lawsuit in the Courts, typically held in the town where the spouses had their last registered address. It is crucial to highlight that you are not required to file for divorce in the country where you got married; the last address in common or the address of one of the spouses is what establishes the jurisdiction.
To commence either process, the core documents required include the marriage certificate and, if applicable, the birth certificates of the children. It is important note that you will also have to prove that you are living or have been living in Spain before you separated. This can be achieved by presenting a “Certificado Padrón-Inhabitants Office” that you can get in Alicante or any other town like Torrevieja.
Our Law Firm has developed its expertise in these matters for more than 15 years, underscoring our commitment to meticulously address your unique circumstances. We will decide what is best for your situation taking into consideration all the factors surrounding the context. Our approach to work ensures that your interests are not only safeguarded but prioritized at every step.
As mentioned before, in Spain there are two scenarios for a marital termination. In CC Lawyers, we like to provide a brief description of how each circumstance is and how it can be managed.
A-. Mutual consent: In this scenario, both partners come to an agreement and sign a comprehensive settlement. This settlement addresses pivotal aspects, including child custody arrangements, property division, potential child support, compensatory consideration, and the overall matrimonial property regime. Required documentation encompasses marriage and domicile certificate, along with birth certificates for children, if any.
Around one month after filing the petition, the Court schedules a hearing for the parties involved to formally ratify the settlement. Once this step is completed, the divorce judgment is given immediately.
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B-. Contested divorce: In instances where the mutual agreement remains contested, a lawsuit is filed. This legal action delineates each party’s stance on custody, property, alimony, and the matrimonial property regime. Subsequently, the defendant is granted twenty working days to respond. The process culminates in a trial, mandating the presence of both spouses.
For separations following mutual consent route, Alicante Courts tend to resolve them from two to four months. One appearance suffices for ratification, effectively avoiding the need for an additional Power of Attorney for your legal representative. Upon the successful ratification of the settlement, the official divorce judgment is usually attained within 3-6 days. Furthermore, in cases where the marriage is registered within Spain, the Spanish Civil Registry is automatically updated to reflect the legal breakup.
When having co-owned homes, our service can cover the transferring of property ownership. If you have any doubts or questions, please contact our Law Firm and we will try to recommend what is best according to your situation.