About Divorce & Separation Law in Spain
Divorce and separation in Spain are governed by the Civil Code and the Law on Civil Registration. In Spain, couples can choose between a divorce or legal separation, with the former being more common. Divorce can be obtained by mutual agreement or by one party applying for it unilaterally. The process can be complex, especially when children and shared assets are involved.
Why You May Need a Lawyer
You may need a lawyer if you are facing a contested divorce, where you and your spouse cannot agree on key issues. A lawyer can also help you navigate the legal system, understand your rights, and ensure that your interests are protected throughout the process. If there are children involved, a lawyer can help with custody and visitation arrangements.
Local Laws Overview
In Spain, divorce can be obtained after one year of separation or two years of legal separation. The process involves filing a petition with the court, reaching agreements on key issues such as distribution of assets and child custody, and attending a hearing. Property acquired during the marriage is usually divided equally, unless otherwise agreed upon. Child support is determined based on the needs of the child and the financial situation of the parents.
Frequently Asked Questions
1. How long does it take to get a divorce in Spain?
It can take anywhere from a few months to a year to finalize a divorce in Spain, depending on whether it is contested or uncontested.
2. Can I get a divorce in Spain if my spouse does not agree?
Yes, you can still get a divorce in Spain even if your spouse does not agree, but the process may take longer and be more complex.
3. How is property divided in a divorce in Spain?
Property acquired during the marriage is usually divided equally between the spouses, unless a different arrangement is agreed upon.
4. Can I get custody of my children in a divorce in Spain?
Custody arrangements are decided based on the best interests of the child, taking into account factors such as the child's age, relationship with each parent, and living situation.
5. Do I need to appear in court for a divorce in Spain?
Yes, both parties are required to attend a court hearing as part of the divorce process in Spain.
6. Do I need to be a Spanish resident to get a divorce in Spain?
No, you do not need to be a Spanish resident to get a divorce in Spain, but you must meet certain residency requirements.
7. How is child support calculated in Spain?
Child support in Spain is calculated based on the needs of the child and the financial situation of the parents, taking into account factors such as income, living expenses, and any special needs of the child.
8. Can I change my name after a divorce in Spain?
Yes, you can request a name change as part of your divorce proceedings in Spain.
9. Can I get a divorce in Spain if I got married in another country?
Yes, you can get a divorce in Spain even if you got married in another country, as long as you meet the residency requirements.
10. Can I remarry immediately after a divorce in Spain?
Yes, you can remarry immediately after a divorce in Spain, but it is recommended to wait until the divorce is finalized to avoid any legal complications.
Additional Resources
For more information on divorce and separation in Spain, you can contact the Spanish Ministry of Justice or consult a local family law attorney for personalized advice and guidance.
Next Steps
If you are considering a divorce or separation in Spain and need legal assistance, it is recommended to consult with a qualified family law attorney who can help you understand your rights, navigate the legal process, and protect your interests. A lawyer can guide you through the process, negotiate on your behalf, and represent you in court if necessary. Don't hesitate to seek professional legal advice to ensure a smooth and fair resolution to your divorce or separation.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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