How Long Does Divorce Take in Spain?
The timeline for divorce in Spain depends on whether it's mutual or contested. Waiting period: 3 months after marriage. Here's what to expect at each stage.
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- ✓Waiting period: 3 months after marriage
- ✓Residency requirement: Habitual residence or domicile in Spain
- ✓Divorce type: No-fault (since 2005)
- ✓Average duration (mutual): 2-3 months
- ✓Average duration (contested): 6-18 months
- ✓Mutual consent/uncontested: typically the fastest path
- ✓Contested: can take 1–3+ years depending on complexity
- ✓Mediation can significantly speed up resolution
How to Divorce in Spain: Step-by-Step
- ✓Meet 3-month requirement: Must have been married at least 3 months (unless exception applies).
- ✓Mutual or contested: Mutual consent (convenio regulador) is faster and cheaper.
- ✓File petition: File at the local Juzgado de Primera Instancia (civil court).
- ✓Convenio regulador: If mutual, submit the regulatory agreement covering all terms.
- ✓Court approval: Judge reviews the agreement, especially child-related terms.
- ✓Divorce decree: Sentencia de divorcio issued. Marriage dissolved.
What Can Slow Things Down
- ✓Disagreements over property, custody, or support
- ✓Incomplete or disputed financial disclosures
- ✓Court backlogs and scheduling delays
- ✓International complications (assets or spouse abroad)
- ✓One spouse being uncooperative or unreachable
- ✓Appeals or motions during the process
Tips to Speed Up Your Divorce
- ✓Agree on as much as possible before involving the court
- ✓Complete financial disclosures thoroughly and promptly
- ✓Consider mediation or collaborative approaches
- ✓Be organized — gather all documents early
- ✓Hire an experienced local family law professional
- ✓Be realistic about outcomes — fighting costs time and money
Every situation is different
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Legal Disclaimer: This article covers Spain divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Spain for advice specific to your situation.