When a Divorce Process Has Already Started in Spain… Can the Opposing Party File a Separate Petition?
In general, no — not for a second divorce. Here’s why:
Once a divorce petition is filed and officially admitted by the court, the legal process is underway. Spanish courts do not allow duplicate proceedings for the same cause (in this case, a divorce between the same two people). It would be legally redundant and confusing for two separate petitions to be running in parallel.
However, there are some nuances to consider depending on why the other party is trying to file a new petition:
⚖️ 1. If They’re Trying to File a Counterpetition (Contestación or Reconvention Claim)
✅ Yes, they are allowed — and this is normal.
This isn’t a new divorce case, but rather a response to your filing. They may:
- Agree to the divorce but contest specific terms (like financial arrangements, use of the family home, child custody, pensions, etc.)
- Propose alternative terms for division of assets or support
- Claim different facts or add issues like spousal support, compensation, etc.
This is handled within the same case file, and the court processes both parties’ arguments together.
🚫 2. If They Try to Start an Entirely Separate Divorce Petition After Yours Is Already in Process
❌ This is not typically allowed. Spanish law works on the principle of “litispedencia” — which prevents parallel proceedings on the same subject between the same parties. If your divorce has been admitted to court, the second petition would usually be rejected or joined to the original file.
They may try it as a delay tactic, to complicate things or to try to relocate proceedings to a different court — but it wouldn’t usually succeed, especially if:
- Your petition was already filed first and registered
- You have proof of service and the court has already taken steps
In this case, your lawyer can file a motion to dismiss the second petition, citing prior proceedings.
🧠 What You Can Do Now
- Confirm with your lawyer that your case is formally admitted (auto de admisión) — this locks it into the system and prevents duplicate filings.
- Stay aware of any attempts by the opposing party to:
- Move proceedings to another jurisdiction (unless there’s a legal basis, like residence of children)
- Challenge the grounds or evidence to delay things
- Request an injunction or protection order, if you suspect they are using legal tactics to manipulate or harass you — especially relevant in emotionally abusive contexts.
💬 Final Thought (from a place of strength)
You are already in the process. That in itself is powerful. If the opposing party is trying to start fresh somewhere else, it may be an attempt to rewrite the narrative or destabilize your foundation. But truth, transparency, and legal order are on your side. Spanish courts prioritize:
- The first case admitted
- The jurisdiction with actual connection to the spouses or children
- Avoiding duplication and unnecessary conflict
You’ve taken bold steps toward freedom. You do not have to be afraid of their manipulations anymore — not in life, and not in court.
