Find out how to start the divorce process

In Spain, divorce proceedings are governed by Law 1/2000, of January 7, on Civil Procedure.

Two types of procedures are distinguished: contentious and by mutual agreement.

Litigation involves an oral trial and is more expensive, while mutual agreement is faster and cheaper.

What is divorce?

Divorce is the legal procedure by which the marital bond is dissolved, putting an end to the rights and obligations that derive from the marriage.

Unlike separation, divorce implies the definitive termination of the marriage, allowing the former spouses to remarry if they so wish.

It can be by mutual agreement , when both parties agree with the terms of the breakup, or contentious , when there is no consensus and it is necessary for a judge to determine aspects such as child custody, visitation rights, child support or the liquidation of the marital property regime.

In Spain, divorce does not require a specific cause; it is sufficient that one of the spouses requests it and at least three months have passed since the celebration of the marriage.

How to start a divorce process?

Find out how to start the divorce process

To initiate the divorce process , according to art. 770 LEC, it is necessary to file a claim in the Court of First Instance of Civil Matters of the family domicile or of the defendant.

This process will be carried out as an oral trial with certain particularities :

• The deadline to respond to the request is 20 days, unless another period is established.
• Oral conclusions will be made in the trial after the taking of the evidence.
• Priority will be given to the process if any of the interested parties is a minorHas disability with judicial support measures with representative functions or is in a situation of legal absence.

Contentious divorce procedure

The contentious procedure in Spain is carried out before a Judge when the parties fail to reach an agreement on the decision to divorce or on the regulatory agreement.

Documents required to start the contentious divorce process

Art. 770 LEC

According to Article 770 of the LEC , when filing the lawsuit, the following documents must be attached:

1. La marriage certification of the Civil Registry.
2. La certification of the birth of children of the Civil Registry.
3. All those documents that support the plaintiff's requests, such as payslips, bank certificates, medical documents, among others.

Deadlines

In responding to a divorce petition, within a period of 10 days , a counterclaim is only permitted in specific cases:

1. When based on Causes that could lead to the annulment of the marriage.
2. When the defendant spouse seeks to adopt definitive measures not requested in the complaint and on which the Judge should not rule ex officio.

It is necessary for the spouses to appear in person at the hearing along with their respective lawyers and solicitors in order to be considered duly represented.

Unjustified absence may lead to the admission of the facts alleged by the opposing party to support their requests related to property aspects.

Minor children, with disabilities or under support measures in a contentious divorce

In the case of minor children , children with disabilities or under support measures, the Judge will listen to them if they have sufficient capacity and will request a report from the Public Prosecutor's Office on the terms of the regulatory agreement relating to the children.

During any stage of the contentious procedure, the spouses may request to continue the process by mutual agreement if they meet the requirements established in art. 777 LEC.

Judicial procedure for divorce by mutual agreement

The mutual agreement procedure is one in which the parties agree to the decision to divorce and the regulatory agreement.

In situations without non-emancipated minor children or older children with judicial support measures, the parties may choose to do so extrajudicially before a Lawyer of the Administration of Justice or a Notary.

Documents required to start the divorce process by mutual agreement

Art. 777 Law

According to Article 777 of the LEC , when filing the lawsuit, the following documents must be attached:

1. La marriage certification of the Civil Registry.
2. La certification of the birth of children of the Civil Registry.

3. All those documents that support the spouses' requests, such as payslips, bank certificates, medical documents, among others.
4. La proposed regulatory agreement that includes aspects such as use of family housing, custody, visits, alimony or compensation, distribution of assets, among others.

Deadlines

Once admitted for processing, the spouses will ratify the proposed regulatory agreement separately within a period of 3 days.

If it is not ratified by anyone, the proceedings will be archived.

Subsequently, if the documentation is insufficient, evidence may be proposed and carried out within 10 days to prove the grounds for divorce and the approval of the agreement.

Minor children, children with disabilities or children under support measures in divorce by mutual agreement

If there are minor children, children with disabilities or support measures, the Judge will hear them if they are deemed capable of understanding the situation and the Public Prosecutor's Office will be asked to provide a report on the terms of the agreement relating to the children.

The Judgment will decide on the divorce and the approval of the regulatory agreement.

If the Judge considers that the agreement presented cannot be approved, a period will be granted to propose a new one before a final resolution.

Provisional measures in divorce

Provisional measures prior to filing for divorce

In both procedures, provisional measures can be requested prior to the divorce petition if necessary , without the need for a lawyer or solicitor.

These measures may include aspects such as child custody , use of the family home, alimony, use and enjoyment of common property, or economic measures.

The spouse who plans to file for divorce has 30 days to do so.

In the case of minor children , children with disabilities or children who require support, the Prosecutor will be summoned.

An attempt will be made to reach an agreement in a hearing, and if it is not possible, the spouses will present their arguments, evidence and conclusions, and the Judge will make a final decision by means of a non-appealable order.

Provisional measures arising from the divorce petition

If they have not been previously requested, the spouse filing the claim may request provisional measures at the time of filing it.

After the admission of the claim, both parties will be summoned to an appearance and the Judge will resolve by means of a non-appealable order.

The defendant spouse may also request these measures in their response to the claim.

Modification of definitive measures

If the circumstances that led to the approval of certain provisional measures have changed , it is possible to request their modification in accordance with Article 775 of the LEC.

Considerations

The intervention of the Public Prosecutor's Office will be mandatory when a minor, a person with a disability or in a situation of legal absence is interested in the proceedings , in accordance with art. 749 LEC.

Art. 752 LEC

Regarding evidence, regulated in Article 752 of the LEC, the Judge may order ex officio any evidence he deems pertinent ; the assessment of evidence will not be limited to any means of proof and the Judge will not be bound by the agreement of the parties on the facts.

These special provisions will not apply to claims that the parties can freely dispose of.

Art. 754 LEC

The Judge may decide, either on his own initiative or at the request of a party, that the trial be held behind closed doors and that the proceedings be kept confidential , provided that the circumstances so advise (art. 754 LEC).

How much does a divorce cost in Spain in 2025?

To calculate the costs of a divorce, it is necessary to consider several factors such as professional fees, court fees, administrative expenses, expert reports and evaluations , as well as other possible expenses associated with the procedure.

It is important to note that the presence of children can complicate and increase the costs of the divorce process.

Furthermore, a contentious process , in which there is no agreement between the parties, is usually more expensive than a mutual agreement process.

Frequently Asked Questions (FAQs)

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