What is a divorce process like?

The divorce procedure is one of the so-called “special” ones and can be friendly (mutual agreement) or contentious (without agreement). It is initiated by a lawsuit, which is sent to the defendant for 20 days to respond and, after the response, the parties are summoned to a hearing (trial).

Together with the divorce claim provisional measures can be requested, the celebration of which is legally foreseen prior to the main hearing (the “divorce trial”) and the response to these measures (the defendant) is made orally at the appearance.

A contentious divorce can become mutually agreed upon at any time, if both parties reach an agreement.

How much does a divorce cost?

There is no fixed cost, everything depends on what is discussed, the procedures followed, the time spent reaching an agreement... What is prepared in advance is an indicative budget.

What requirements are necessary to get divorced?

At least three months must have passed since the marriage took place.

Can I file for divorce even if my spouse does not agree?

Yes, in Spain divorce must be declared even if there is no agreement from the other party.

Is it necessary to separate before getting divorced?

No. It may be the case that a de facto separation, legal separation (judicially regulated) or divorce occurs directly without prior separation.

What is the divorce settlement agreement?

This document records the agreement reached by both parties on the effects of the divorce, including arrangements for contact with the children, child maintenance, compensatory maintenance and use of the marital home.

How much do I have to pay my ex if I divorce?

It will depend on the specific circumstances of the case; generally, the usual burdens after divorce are: child maintenance and the compensatory maintenance. Both pensions are set by the parties or, in the absence of agreement, by the Court, which will take into account the circumstances of each family.

In the case of child maintenance for children, the following will be taken into account for the calculation of the pension: the number of children, income of the spouses, fixed expenses, needs of the minors, etc.

To set the compensatory maintenance: age of the spouse, duration of marriage and cohabitation, possibility of access to the labor market, ability to generate income, savings, means of living, economic level during the marriage, etc.

In what cases can I request a compensatory maintenance?

When separation or divorce causes one of the spouses a economic imbalance in relation to the position of the other, which implies a worsening of their previous situation in the marriage, will be entitled to compensation which may consist of a temporary or indefinite pension, or a single benefit, as determined in the divorce settlement agreement or in the ruling.

If there has been an increase in assets during the marriage even though one is married under a regime of separation of assets, how should it be negotiated regarding the divorce settlement agreement?

It will depend on each case, since it must be taken into account (precisely) when the separation of assets began (whether at the marriage or later) and other issues such as alimony that may be accrued, compensatory maintenance and/or attribution of the marital home.

What happens to the money my ex has taken out of joint accounts?

The matrimonial property regime is generally dissolved with the divorce decree, that will be the moment that is taken into account to make the inventory of the assets (properties, vehicles, balances in checking accounts, etc.) and obligations (loans pending amortization, debts, etc.) that the couple had and that must be distributed. However, if, before the judgment is issued, one of the parties uses the money they have in common, withdrawing amounts that are not used to lift the burdens of the marriage (mortgage payment, school fees, housing supplies...) will have generated a debt for which only she will answer.

In short, when distributing assets, it will be taken into account whether one of the spouses has taken money unjustifiably and the distribution will be made accordingly.

Who gets the children after the divorce?

This issue has evolved significantly in recent years. Although until not long ago, in most cases exclusive or single-parent custody was chosen in favor of one of the parents, currently shared custody has been gaining relevance, becoming the preferable option in most cases.

The jurisprudential criterion is now inclined and understands that the best regime is shared custody, as long as there are no causes that indicate otherwise.

What does it mean to have joint custody of children?

In principle it means that both spouses take care of their children equally and with equal responsibilities.

Joint custody does not imply that child maintenance should not be awarded in favor of the children and at the expense of one of the parents.

What does the child visitation regime consist of and what must be done to comply with it? What happens when it is breached? Can an action protocol be established in the divorce agreement?

These are the days on which the parent who does not have custody can spend time with their children. The days and times set out in the judgment must be observed.

If the contact arrangements are breached, enforcement of the judgment may be requested, with the costs borne by the party against whom enforcement is sought.

Indeed, a protocol can be contemplated and mediation can also be used for specific differences.

What can I do if my spouse does not pay child support?

An application must be made to enforce the judgment or, where applicable, the order granting provisional measures.

What happens if I don't pay child maintenance?

The consequences of non-payment of child maintenance they can be diverse by virtue of whether the non-payment is deliberate and voluntary, with a manifest intention to breach the obligation, or whether said non-payment is punctual or arises due to the real impossibility of meeting said obligation.

Although one or several specific non-payments may only give rise to a civil claim and subsequent execution and seizure of the property of the obligor, voluntary and culpable non-compliance constitutes a criminal act for which we could even end up going to prison in case of repeated behavior.

Who has the most right to keep the marital and family home?

It is something that is analyzed in each case, but usually the one who is assigned custody of the children and/or the one most in need of protection, that is, the one who has the least economic means.

How long does it take to issue a divorce decree?

The time is indeterminate. Everything will depend on the workload of the court.