Best Divorce & Separation Lawyers in Spain

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BJ Abogado
Seville, Spain

Founded in 2000
50 people in their team
Spanish
English
WE CARE ABOUT YOUR PROBLEMSWe are a law firm in Seville that aims to provide an agile and quality response to each of our clients. We are aware that we live in an increasingly technologically advanced society and, therefore, speed in providing a response is one of our most valued qualities.At BJ...
ABOGADAS LANCELOT
Arrecife, Spain

English
ABOGADAS LANCELOT is a multidisciplinary law firm based in Arrecife, Lanzarote, formed by women who lead the practice and serve clients across the Canary Islands. The firm emphasizes modern legal services, clear communication, and a client-focused approach designed to deliver practical...

English
Minerva Fleitas Rodríguez Abogada concentrates its professional activity in the areas of Family Law and Criminal Law, providing clients with specialized guidance and clear, practical solutions. The firm prioritizes professional rigor, ongoing training, and a client focused approach, ensuring that...
Gestoría Lafisconta
Salamanca, Spain

Founded in 1986
English
Gestoría Lafisconta is a distinguished law firm in Spain, offering comprehensive legal and consultancy services across various domains. The firm's areas of expertise include family law, employment law, business management consulting, and tax services. Their team of seasoned attorneys and...
León, Spain

English
Lafuente Jurídica is a distinguished law firm in Spain, renowned for its comprehensive legal services across various practice areas. With a team of specialized lawyers, the firm offers expert advice in tax, commercial, civil, family, property, criminal, employment, banking, immigration,...

English
Abogada Estefanía Ramírez operates from Lepe in Huelva, Spain, offering focused legal services in criminal defense and family law. Her practice emphasizes rigorous case analysis, strategic planning, and clear communication to help clients understand options and outcomes. She brings a practical,...

Founded in 1994
200 people in their team
Spanish
English
Our Law Firm in Madrid,  founded in 1994 , offers legal services to both companies and individuals. During all these years, our Lawyers belonging to the Madrid Bar Association and practicing throughout Spain, have processed a multitude of  legal procedures  with highly satisfactory...

English
Grupo Alpama / Inmobiliaria • Abogados • Asesoría / Logroño is a multidisciplinary professional services firm based in Logroño, La Rioja, offering a coordinated mix of real estate services, accounting and legal advisory. The firm brings together an in house real estate agency, employment...

English
The firm is led by Maria Cinta Marcos and Mariola Revilla and is recognized as one of the most veteran legal practices in Palencia, with more than 30 years of experience serving clients across the province. The partners bring decades of insight and a track record of resolving thousands of cases for...
Octavio Viera Abogado, Las Palmas G.C. (calle Triana)
Las Palmas de Gran Canaria, Spain

Founded in 1995
2 people in their team
English
Octavio Viera Abogado provides legal representation in Spain across criminal defense, family law, insurance matters, employment disputes, and courtroom advocacy. The firm manages cases from early advice and risk assessment through negotiation and trial, aligning strategy with the facts and the...
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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.

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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.

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