The divorce process can be complex and emotionally challenging. At Doble EFE Abogados, we want to help you understand each step of the process so that you can face it with the greatest clarity and peace of mind possible. Below, we offer you a comprehensive guide to the divorce process in Spain.
1. Types of Divorce
- Mutual Agreement Divorce: This is the quickest and least costly procedure. Both parties agree on the terms of the divorce, including child custody, visitation, alimony, and division of property. This agreement is formalized in a regulatory agreement that must be approved by a judge.
- Contentious Divorce: This occurs when there is no agreement between the parties. In this case, each party presents their own demands, and a judge decides the terms of the divorce. This process is longer and can be more costly and stressful.
2. Requirements to File for Divorce
- Residency: At least one of the spouses must reside in Spain.
- Duration of Marriage: There is no minimum marriage period required to file for divorce. However, in the case of mutual agreement divorce, it is recommended that the couple has been married for at least three months before filing the application.
3. Necessary Documentation
- Marriage Certificate: Official document that certifies the marriage.
- Birth Certificates of the Children (if any): Official birth documents of minor children.
- Regulatory Agreement (in mutual agreement divorces): Document that establishes the agreements reached by both parties on custody, visitation, alimony, use of the family home, and division of property.
- Other Documents: These may include financial documents, proof of income, properties, and debts, among others.
4. Step-by-Step Process
- Filing the Petition: In mutual agreement divorce, both spouses jointly file a divorce petition accompanied by the regulatory agreement. In contentious divorce, one of the spouses files the divorce petition.
- Admission for Processing: The court admits the petition and sets a date for the hearing or for the ratification of the regulatory agreement.
- Ratification (in mutual agreement divorces): Both parties must ratify their agreement before the judge. If everything is in order, the judge issues the divorce decree.
- Judicial Hearing (in contentious divorces): In the case of a contentious divorce, a judicial hearing is held where both parties present their arguments and evidence. The judge evaluates the situation and issues a ruling on the terms of the divorce.
- Divorce Decree: The judge issues a decree that formalizes the divorce and establishes the conditions regarding child custody, visitation, alimony, use of the family home, and division of property.
5. Custody and Visitation
- Shared Custody: Both parents share custody of minor children, involving alternate or continuous living with both parents.
- Exclusive Custody: One parent has custody of the minor children, while the other has the right to a visitation schedule.
- Visitation Schedule: A visitation schedule is established for the non-custodial parent, which may include weekends, holidays, and other periods.
6. Alimony and Compensatory Pension
- Alimony: A monthly amount that one parent must pay to the other to cover the maintenance expenses of the minor children.
- Compensatory Pension: This may be awarded to one of the spouses if the divorce causes an economic imbalance in relation to the other spouse’s position.
7. Division of Property
- Community Property: In the community property regime, the assets acquired during the marriage are divided equally between both spouses.
- Separate Property: In this regime, each spouse retains ownership of the assets they acquired before and during the marriage.
The divorce process can be complicated, but understanding its stages and requirements will help you face it with greater security and confidence. At Doble EFE Abogados, we are committed to offering you the legal support you need to overcome this process in the best possible way. If you have any questions or need legal assistance, do not hesitate to contact us. We are here to help you.