- Can I divorce if my partner does not agree?
Of course, marriage today is not an obligation for either spouse, so if one wishes to change this situation, they would only need to start a divorce process through a matrimonial lawyer.
- Do I have to state a reason to get divorced?
No, currently it is not necessary to provide a reason to initiate a divorce or separation. Only if there are minors involved and custody is sought, reasons must be presented to understand why it is more beneficial for the minor to be with one spouse or the other.
- Can I divorce if my partner is in another country?
There is no problem to get a divorce; the processing of the divorce will have the same results as a common divorce. Once the divorce is initiated, the entire process is handled by the office that started the divorce.
The only difference is that this procedure is a bit more complex because to take effect, the divorce decree must be registered in the official bulletins. The entire procedure will be handled by the office that initiated the divorce.
- What is the difference between separation and divorce?
We could say that separation is a non-definitive break, and the opposite occurs with divorce. That is, separation does not dissolve the marital bond but leaves it suspended, giving the spouses the possibility to reconcile. If, on the contrary, the divorced spouses wish to reunite and enjoy the same civil status, they would have to remarry. Separation would provide the spouses with a legal regulation during this period regarding minors, assets, and economic situation.
Divorce, however, would allow them to remarry (civilly) with third parties, unlike separation.
- How long do I have to be married to get divorced?
The minimum time established by law to initiate a divorce process is 3 months. From that moment, matrimonial lawyers can start the divorce proceedings. (express divorce)
Exceptionally, if it can be proven that there is abuse or the moral or physical integrity of the spouse is at risk, this procedure could be initiated.
- How long do I have to wait to remarry after getting divorced?
If the spouses were married in Spain, from the moment the divorce is registered in the Civil Registry. This is of vital importance, as failure to register could result in validity issues with a new marriage, being this the last step of the divorce.
If the spouses were married outside of Spain, the divorce decree processed in the country of origin must be recognized by the Spanish courts, which is known as EXEQUATUR. Without this procedure, the marriage celebrated in Spain would not be valid.
- Can I get divorced in Spain if I am from another country?
If you are legally residing in Spain, there is no problem; it must be taken into account that the divorce will always be governed by the law of origin, and failing that, Spanish laws or those of the place of the last common domicile will apply.
- Can I get divorced through the Church?
Divorce through the Church does not technically exist; its equivalent would be what is called ecclesiastical nullity, meaning that divorce will always have civil effects and does not affect the Church marriage. When a person divorces, they can remarry, but never in the church, unless ecclesiastical nullity is processed, which involves a special petition before the Ecclesiastical Tribunal of the Rota, provided it can be proven that it was conducted with defects in consent, grave fear, underage, under duress, etc.
- What is the Regulatory Agreement?
The Regulatory Agreement is a document signed by both parties whenever a mutual agreement divorce is carried out, which details how relationships with children and financial matters will be handled.
- What happens if my partner takes the children before we have started any process?
This is a very common situation; provisional measures must be filed before starting the divorce/separation process to urgently regulate matters related to minors.
- If my ex-partner has taken the children to another country despite me having custody?
If the minors are moved outside the national territory and visitation rights are impeded
Is my ex-partner not allowing me to speak with the children?
If there is a court ruling that establishes a communication regime with the child, and one of the spouses fails to comply with it—preventing the other from speaking or communicating with the child—this must be reported to the court, and the corresponding civil lawsuit should be filed, since it is currently not possible to proceed through criminal channels.
Can the Regulatory Agreement be modified?
If you wish to modify the conditions established by a court ruling, it is not enough for both parties to agree. It is necessary to initiate the appropriate legal action for the modification of measures, because even if the couple agrees at one point, one party could later file a lawsuit without any problem.
CONCLUSION
Nowadays, in the case of a breach of the visitation regime lasting less than two months, only a civil lawsuit may be filed before the court that issued the divorce ruling.
Given the recent legal reforms, it is vitally important to contact the Law Office of Azucena Librán to receive accurate and up-to-date information that can help achieve a better outcome.
