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DIVORCE
IN
SPAIN
Courtesy
of
[SpainLawyer.com]
Legal
requirements
to
get
divorced
in
Spain
You
may
get
divorced
in
Spain
only
if
you
comply
with
one
of
the
following
requirements:
-
If
you
and
your
spouse
are
Spanish
residents
at
the
time
of
filing
for
divorce.
-
If
you
and
your
spouse
are
Spanish
nationals,
in
case
of
divorce
by
mutual
agreement,
wherever
you
are
located.
-
If
you
are
the
plaintiff
,
being
Spanish
national
and
resident
in
Spain.
-
If
you
are
the
defendant
,
being
Spanish
resident
regardless
of
your
nationality.
A
petition
for
divorce
can
be
filed
with
the
court
on
the
following
grounds:
-
If
the
parties
to
the
marriage
have
lived
apart
for
a
continuous
period
of
1
year,
immediately
preceding
the
presentation
of
the
petition
for
separation
by
mutual
agreement
.
-
If
the
parties
to
the
marriage
have
lived
apart
for
a
continuous
period
of
1
year
preceding
the
presentation
of
the
petition
for
Litigious
Judicial
Separation.
During
this
time-period,
a
sentence
for
judicial
separation
must
not
have
been
determined.
In
the
contrary,
the
sentence
shall
state
the
separation
of
the
parties.
-
If
the
parties
to
the
marriage
have
lived
apart
for
a
continuous
period
of
2
years
:
either
since
the
spouses
had
given
their
consent
to
de
facto
separation
,
since
the
court
decree
determined
the
judicial
separation,
or
since
the
declaration
of
absence
of
one
of
the
spouses.
-
If
the
parties
to
the
marriage
have
lived
apart
for
a
continuous
period
of
5
years,
under
petition
of
any
of
the
spouses.
-
If
one
spouse
had
been
condemned
of
attempting
against
the
life
of
the
other
spouse
or
relatives.
Be
aware
that
problems
may
arise
when
trying
to
proof
that
the
parties
to
the
marriage
have
been
living
apart.
The
above
is
just
general
legal
information.
You
should
consult
a
Spanish
lawyer
for
legal
advice
on
a
specific
situation
or
regarding
a
particular
set
of
facts.
TYPES
OF
DIVORCE
a)
Uncontested
divorce
The
court
procedure
t
o
get
divorced
by
mutual
agreement
is
quick
and
simple.
The
petition
for
divorce
shall
be
filed
together
with
the
applicable
forms.
The
petition
shall
contain
those
grounds,
which
the
divorce
is
based
upon.
Normally,
the
grounds
that
the
spouses
use
to
allege
are,
either
the
fact
of
the
separation
for
1
year
since
the
separation
sentence
was
passed,
or
the
voluntary
separation
for
2
years.
b)
Contested
divorce
In
this
case
the
divorce
petition
is
filed
by
only
one
of
the
parties
to
the
marriage.
The
court
procedure
is
long
and
complex.
Depending
on
the
circumstances
,
before
starting
the
divorce
procedure,
provisional
measures
may
be
set
up
in
order
to
make
property
settlement,
child
custody,
spousal
support
and
alimony
arrangements.
THE
EFFECTS
OF
THE
DIVORCE
Once
the
divorce
is
granted,
the
parties
to
the
marriage
can
remarry
legally.
The
parties
will
immediately
lose
their
initial
inheritance
and
widow's
pension
rights,
as
well
as
those
obligations
directly
derived
from
their
marriage.
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