In case you need to file a divorce in Spain, you should know it  could be a very straightforward process or a long one depending of the type of divorce.


The procedure for getting a divorce is quickest when both parties agree to the dissolution of the marriage.  The parties will signed an agreement of divorce called ( convenio regulador) . That agreement should cover the following issues:

The use of the family home:  You should get an agreement about who is going to live after the divorce in the family home.

The custody arrangements for any children, including visitation rights of the non-custodial parent and the  sum that has to be paid for children’s alimony by the non- custodial parent or

In case of share custody:  The arrangements of how the children spend the  time with each parent.  

Any compensation allowance or alimony that, if any, shall be made by one of the spouses in favour of the other spouse.

This kind of divorce it may require negotiation and communication between lawyers until you reach the agreement.  Once  the agreement is presented in Court, you will receive an appointment to ratify the “Convenio regulador ” in Court.


It is know in Spain as ” Divorcio Contencioso ”  and it is normally a longer procedure is  than the “Mutual Agreement Divorce” .

The divorce petition is filed by only one of the parties of the marriage  . After the  action is filed in Court, the Court  will fix a date for the trial to take place. The contentious divorce is also a complex file  as you have to provide the Judge with  evidence, witnesses or any  documents  in order to get  your rights regarding property rights, child custody, spousal support and alimony rights applied.

Even you started the contentious divorce, Lawyers could always reach to an agreement  and convert the file into a mutual agreement Divorce.

Lourdes Fernández
Lawyers in Fernandez Abogados, lawyers  in Orihuela-CostaTorrevieja area.
telf: 0034 966730264


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Fernández Abogados - Lawyers is a full- service  Law Firm located in Orihuela Costa, Playa Flamenca, Alicante.

The Law firm is widely experience in Family Law and Inheritance Law, Civil Law and Criminal Law. We are also jurist specializing on international Law.



 +34 966 730 264

Pablo Picasso, 1-2º local 10 
Playa Flamenca 03189 (Orihuela Costa)