5 Steps to Divorce in Spain

Divorce can be a daunting and emotional process, but knowing the steps to follow can help make it easier. Below, we have outlined five steps that will help guide you through the divorce process in Spain.

Step 1: Decide on the type of divorce

The first step is to determine the type of divorce that suits your situation. In Spain, there are two types of divorces available: mutual agreement and contentious.

Mutual agreement divorce: This type of divorce is the most recommended because it is less expensive, faster, and less emotionally taxing. In mutual agreement divorce, both parties agree on the terms of the divorce and sign a document known as a "convenio regulador" that outlines the terms of the divorce.

Contentious divorce: If both parties cannot come to an agreement, a contentious divorce is the next step. This type of divorce requires a judge to make decisions on the terms of the divorce, including custody and property division.

Step 2: Find a specialized lawyer

Finding a specialized lawyer is a crucial step in the divorce process. A specialized lawyer will ensure that your rights are protected throughout the divorce proceedings. The lawyer can advise you on the best approach for your situation, whether you opt for a mutual agreement divorce or a contentious one.

Step 3: Determine the terms of the divorce

Once you have found a specialized lawyer, the next step is to determine the terms of the divorce. In a mutual agreement divorce, you will need to create a "convenio regulador" that outlines the terms of the divorce, including child custody, alimony, and property division.

If you opt for a contentious divorce, you will have to go through a legal process where a judge will make decisions on the terms of the divorce. This process can be lengthy, costly, and emotionally draining, so it is always best to try to reach an agreement beforehand.

Step 4: File the divorce petition

After you have determined the terms of the divorce, the next step is to file a divorce petition. The divorce petition must be filed at the corresponding Court.

In the case of a mutual agreement divorce, you can file the petition in a Notary's office. However, if you opt for a contentious divorce, the petition must be filed in court.

Step 5: Finalize the divorce

Once you have filed the divorce petition, the final step is to attend the divorce hearing. In the case of a mutual agreement divorce, this hearing will be a mere formality since both parties have already agreed on the terms of the divorce.

However, in a contentious divorce, the hearing is an opportunity for both parties to present their case and for the judge to make a final decision on the terms of the divorce. After the hearing, the divorce decree will be issued, and the divorce will be finalized.

Important Documents to Gather

To initiate a divorce process in Spain, the following documents are required:

• A certified copy of the marriage certificate.
• A document that proves the duration of the marriage.
• A document that proves the last address where the couple lived together.
• A document that proves the current address of both parties.
• The "convenio regulador" document (if it is a mutual agreement divorce).