Divorce is one of the most delicate legal processes, as it involves not only legal and financial matters but also emotional and family ones. At FH Jurídicos we understand how important it is to support our clients through this time of change, always protecting their rights and seeking swift, effective solutions that minimise the impact on the family, especially on the children.
Uncontested divorce: drafting the settlement agreement, filing with the court, and court approval.
Contested divorce: representation in court when there is no agreement between the parties.
Custody of minor children: joint custody, sole custody, visitation and contact.
Child maintenance and spousal support.
International divorce: where one of the spouses lives abroad.
Use of the family home.
Approximately 2 to 3 months.
What is the difference between divorce and separation?Separation suspends cohabitation but does not dissolve the marriage bond; divorce does.
Can I get divorced if my partner does not want to?Yes. Since the 2005 legal reform, it is enough for one of the spouses to request it.
What types of divorce exist in Spain?
In Spain there are mainly two types of divorce: uncontested divorce and contested divorce. An uncontested divorce occurs when both parties agree on the terms, whereas a contested divorce arises when there is no agreement and a judge decides the measures.
What is the difference between an uncontested and a contested divorce?An uncontested divorce is faster, cheaper and simpler, as both parties agree the terms.
A contested divorce is necessary when one party does not accept the divorce or there is no consensus on the measures, which involves longer court proceedings.
The cost of a divorce depends on the type of procedure and its complexity.
An uncontested divorce is usually more affordable.
A contested divorce carries a higher cost due to court involvement and representation at trial.
Our firm offers fixed prices and clear quotes, always informing you before proceedings begin.
An uncontested divorce can be resolved in a few months.
A contested divorce can take longer, depending on the court and the complexity of the case. At the initial consultation we give you a realistic estimate of timeframes.
No. In Spain it is not necessary to separate beforehand. It is enough for three months to have passed since the marriage, except in cases of risk or urgency.
Can I get divorced if my spouse does not want to?Yes. Divorce does not require the consent of both parties. If one spouse does not want to divorce, a contested divorce can be initiated.
What documents do I need to start a divorce?As a general rule, you will need:
A full marriage certificate.
A certificate of registration (empadronamiento) or the last family address.
Depending on the case, additional documentation may be required, which your lawyer will specify.
Yes. In these cases a contested divorce can be initiated, following the relevant legal procedure and carrying out the notifications required by law.
Is it mandatory to attempt an out-of-court solution before divorce?Since Organic Law 1/2025 came into force, certain civil proceedings require first attempting an appropriate means of dispute resolution (ADR) before going to court, save for legal exceptions. Your lawyer will handle this step when it is mandatory.
What happens if there are no children in common?When there are no children, the procedure is usually simpler, as there is no need to agree measures relating to custody, visitation or maintenance. This can speed up the process and reduce costs.
Is it mandatory to hire a lawyer to get divorced?Yes. A lawyer is required to get divorced and, in court proceedings, a court representative (procurador) as well. Both ensure the process is carried out in accordance with the law and that your rights are protected.
Can I get divorced even if one spouse lives abroad?Yes. There are international divorces, which are processed when one of the spouses lives outside Spain. It is essential to have a specialist lawyer to avoid issues of jurisdiction and service of documents.
What happens to the family home after divorce?The use of the family home will depend on the circumstances of the case and whether there are children in common. In the event of disagreement, the judge will determine its use.
Why is it advisable to have a divorce specialist?Divorce has significant legal, financial and personal consequences. A divorce specialist in Madrid advises you from the outset, avoids mistakes and seeks the best possible solution to protect your interests.
Calle de Hortaleza, 39, Madrid, Spain
fernandezhortonedaabogados@gmail.com
633 023 832
We offer transparent, fixed pricing. Get in touch with no obligation to find out the exact cost of your case.
Nuestro equipo está disponible para atenderte de forma inmediata. Primera consulta gratuita y sin compromiso.
