Best Divorce & Separation Lawyers in Spain

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Vosseler Abogados
Barcelona, Spain

Founded in 1997
50 people in their team
Spanish
English
Vosseler Abogados was born in 1997 with the intention of creating a dynamic and current firm. A law firm close to clients, where in addition to working with the utmost professionalism to defend their interests, the necessary complicity and a closer relationship between lawyer and client is...
Madison Abogadas
Zaragoza, Spain

Founded in 2000
50 people in their team
Spanish
English
Our law firm prioritizes the quality of our services without increasing costs, offering you close treatment and continuous availability to respond to all your doubts, concerns and problems.Our law firm prioritizes the quality of our services without increasing costs, offering you close treatment...
Pereira Abogados Fuengirola
Fuengirola, Spain

English
Pereira Abogados Fuengirola is a Costa del Sol law firm located between Fuengirola and Mijas, offering broad legal services across Spain and handling matters in all the courts of the country. The firm presents itself as a trusted partner for individuals and businesses seeking comprehensive legal...
Daemi Zabalza & Asociados
Marbella, Spain

English
Daemi Zabalza & Asociados is a Marbella-based law firm known for focused work in immigration and employment law, supported by complementary tax, accounting and administrative advisory services under one roof. The team assists a large international client base and coordinates practical needs such as...
ACC Legal Abogados
Murcia, Spain

Founded in 2007
50 people in their team
Spanish
English
ACC LEGAL LAWYERSLAWYERS IN MURCIAWelcome to ACC Legal Abogados . We are delighted to offer you the highest level of care and experience in different areas of law. Our law firm in Murcia offers quality legal services within the reach of any person or company. 01. FIRST VISIT FREESo that you...
Panadero Abogados
Cáceres, Spain

Founded in 2017
English
Panadero Abogados is a Cáceres based law firm in Spain that provides comprehensive legal services across multiple practice areas. The firm offers specialist guidance in traffic accident claims, family law, civil matters, criminal defense, labor law, and banking issues, serving individuals and...

Founded in 1993
3 people in their team
English
Bufete Iglesias, led by María Jesús Iglesias García, is a Salamanca-based law firm with a long-standing focus on family law and comprehensive legal services. The firm handles matrimonial matters, separations and divorces, successions and inheritances, property-horizontal issues and traffic and...
Root Legal Lab
Seville, Spain

Founded in 2022
10 people in their team
At Root Legal Lab we are aware of the disruption that technological advancement and the emergence of the internet has meant for all of us.Our mission is to help people and companies by combining the tools that new technologies make available to us, without forgetting the roots of our profession and...

Founded in 2025
English
Javier Álvarez Abogados, based in Las Palmas de Gran Canaria, offers specialized legal services in family law, civil law, criminal justice, divorce proceedings, and estate litigation. With over 13 years of experience, the firm has established a strong reputation for effectively handling complex...
Avvocato a Ibiza Tortorici
Ibiza Town, Spain

English
Avvocato a Ibiza Tortorici is an international law firm dedicated to assisting Italian individuals and businesses in Spain. Founded in Palermo by Prof. Filippo Tortorici, the firm has expanded its presence to Ibiza, focusing on real estate law and supporting small businesses. Their mission is to...
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Spain Divorce & Separation Legal Questions answered by Lawyers

Browse our 1 legal question about Divorce & Separation in Spain and read the lawyer answers, or ask your own questions for free.

divorce
Divorce & Separation Family
I was not in Spain and my ex-wife lied to me in court without my presence, explaining the reason for my marriage, and got a divorce decree and took my child. Is there anything that can be done? I just found out that 2 years have passed since the decree.
Lawyer answer by SJ Law Experts

Thank you.

Read full answer
1 answer

About Divorce & Separation Law in Spain

Divorce and separation in Spain are legal processes that dissolve or suspend the matrimonial bond between partners. Spanish law allows for both mutual consent and contested divorces. While reconciliation processes are encouraged, they are not mandatory. Spain has a no-fault divorce system, meaning couples do not need to prove wrongdoing or fault to initiate the divorce process. Marriage dissolution can cover a variety of aspects, including the division of assets, child custody, child support, and alimony.

Why You May Need a Lawyer

Legal representation may be necessary in several circumstances during a divorce or separation. If there are disagreements on terms and conditions such as property division or child custody, a lawyer can provide valuable assistance. Lawyers help navigate complex legal documentation and court procedures, safeguarding their clients' rights and interests. Attorneys can also play a crucial role in mediating negotiations between parties, simplifying what can be an emotionally challenging process. Relying on an experienced lawyer ensures compliance with the local laws and regulations, reducing potential legal complications.

Local Laws Overview

In Spain, divorce laws are governed by the country's Civil Code, specifically the sections dealing with family law. One key aspect is the equitable distribution of marital assets, although this can vary based on prenuptial agreements or the marital property regime agreed upon by the partners. Custody of children is generally shared, but the best interest of the children is paramount. Alimony or spousal support, as well as child support, is calculated based on individual financial circumstances. Additionally, the legal proceedings for divorce require spouses to be separated for a minimum of three months before filing, except in cases involving domestic violence or other emergency situations.

Frequently Asked Questions

What is the difference between legal separation and divorce in Spain?

Legal separation does not dissolve the marriage, whereas divorce terminates the marital relationship entirely. Separated spouses remain legally married.

Do I need to go to court to get a divorce in Spain?

Yes, all divorces in Spain require judicial approval. However, mutual consent divorces can be processed faster and more smoothly with both parties agreeing to terms beforehand.

How is child custody determined?

Child custody is determined based on the best interests of the child, with considerations for the child's stability, health, and educational needs. Joint custody is common, but sole custody can be awarded in certain cases.

What happens to the marital home during a divorce?

The fate of the marital home depends on the couple's property regime. They may sell it or one partner may buy out the other's share. If children are involved, it might be awarded to the custodial parent.

Can my spouse and I use the same lawyer?

No, a single lawyer cannot represent both parties due to a conflict of interest. Each party should have independent legal representation.

How is spousal maintenance calculated?

Spousal maintenance or alimony considers factors like the length of the marriage, standard of living during the marriage, and each spouse's financial situation and needs.

What are the residency requirements for getting a divorce in Spain?

At least one spouse must be a resident in Spain for the divorce to be filed there, or both spouses must be Spanish nationals residing abroad.

What is a mutual consent divorce?

A mutual consent divorce occurs when both spouses agree on all terms of the divorce, making the process quicker and less contentious than a contested divorce.

Is there a waiting period for divorce in Spain?

Spouses must have been separated for a minimum of three months before filing for divorce, except in specific cases like domestic violence.

Can divorce rulings from Spain be enforced in other countries?

Yes, due to international treaties and regulations, Spanish divorce rulings are often recognized and enforceable in other countries, though it may require additional legal procedures.

Additional Resources

Several organizations and bodies can provide assistance or information regarding divorce and separation in Spain:

  • The Spanish Ministry of Justice (Ministerio de Justicia)
  • Family mediation services
  • The General Council of the Judiciary (Consejo General del Poder Judicial)
  • Local Bar Associations for lawyer referrals
  • Spanish National Institute of Statistics for demographic data

Next Steps

If you are considering or are in the process of divorce or separation in Spain, it's crucial to seek legal advice early. Contact a lawyer who specializes in family law to guide you through the process. Prepare all relevant documentation, including marriage certificates, financial statements, and any written agreements or previous rulings. Before proceeding, outline your primary concerns and desired outcomes, as this will help your legal counsel develop an effective strategy. Lastly, consider mediation if possible, as it can provide a more amicable and less costly resolution for both parties involved.

Lawzana helps you find the best lawyers and law firms in Spain through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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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.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.