Best Divorce & Separation Lawyers in Alicante

About Divorce & Separation Law in Alicante, Spain

Divorce and separation in Alicante, Spain, are governed by national civil law. The legal process involves dissolving the marriage contract under Spanish jurisdiction, with considerations around asset division, child custody, and spousal support. Alicante follows the Spanish Civil Code, which provides various divorce modalities, including consensual divorce if both parties agree, and contentious divorce if disputes arise. It is critical to understand both the procedural and emotional aspects involved in navigating through these legal proceedings in Spain.

Why You May Need a Lawyer

Seeking a legal expert can be crucial in several situations involving divorce and separation. If you and your spouse cannot reach an agreement regarding children or financial assets, a lawyer can provide negotiation skills and legal knowledge to resolve these disputes favorably. A lawyer can also help in drafting agreements that are legally sound and ensure that any court proceedings comply with legal standards. Additionally, international couples often need translations and expert advice on how Spanish divorce law applies to their circumstances.

Local Laws Overview

In Alicante, as in the rest of Spain, the divorce law emphasizes an equitable resolution to matrimonial disputes. The courts will generally aim to protect the wellbeing of any children involved, focusing on fair custody and visitation arrangements. Financial settlements consider both spouses' contributions, financial standing, and future needs. Alicante courts abide by provincial and national statutes, which means that any divorce or separation must be handled according to the Spanish Civil Code procedure.

Frequently Asked Questions

What are the grounds for divorce in Alicante, Spain?

Spain allows for no-fault divorce, meaning no specific grounds are necessary beyond wanting to proceed with the dissolution of marriage after a certain period of separation or marital discord.

How long does it take to get a divorce?

The duration can vary greatly. An uncontested divorce might take a few months if all parties are in agreement, while a contested divorce could take significantly longer due to court backlogs and potential appeals.

How are assets divided during divorce?

Assets are typically divided based on the marital property regime agreed upon, often resulting in equitable distribution of jointly owned assets. Pre-nuptial agreements, if any, may also impact the division.

What should I know about child custody in Alicante?

Spanish law prioritizes the best interest of the child, often resulting in shared custody unless other circumstances demand alternative arrangements. Parental agreements on custody details are encouraged and subsequently formalized by the court.

Can I file for divorce if my spouse does not agree?

Yes, you can file for a contentious divorce without your spouse's agreement, although this process may take longer and require court intervention to resolve disputes.

Do I need to live in Spain to get a divorce there?

At least one spouse must have residency in Spain. Each case can have specific requirements based on nationality and residency status, which a lawyer can help clarify.

What are the costs involved in a divorce process?

The costs can vary depending on factors like lawyer fees, court costs, and whether the divorce is contested or uncontested. It is advisable to discuss potential costs with a lawyer upfront.

Is mediation an option in Alicante?

Yes, mediation is encouraged to resolve disputes amicably and can be facilitated by professionals who help both parties come to a mutual agreement before proceeding to court.

How is spousal support determined?

Spousal support or alimony is determined based on factors such as the length of the marriage, financial standing of both parties, contribution to the household, and any agreements made between the spouses.

Can international marriages be dissolved in Spain?

Yes, international marriages can be dissolved in Spain, often involving additional considerations related to citizenship and applicable international laws. A lawyer specialized in family law can provide guidance.

Additional Resources

For further assistance, you may consider reaching out to the following resources:

• Spanish Ministry of Justice: Provides legal information and guidance about matrimonial laws.
• Family Division of the Alicante Court: Offers dedicated support for family law-related cases.
• Council of the European Union's Legal Network: Offers insights and guidance for international and intra-EU divorce proceedings.
• Local Family Mediation Centers: Offer mediation services and counseling.

Next Steps

If you are considering or proceeding with a divorce or separation, it is recommended to consult with a local Familia (Family) law expert. Start by gathering all relevant documents, such as marriage certificates, financial statements, and any pre-nuptial agreements. Consider reaching out to a trusted legal firm specializing in family law and schedule a consultation to discuss your specific circumstances and understand your legal options. Engaging with local support groups and legal aid services can also provide you with additional emotional and procedural support during the process.