✅ If you already filed first
When one spouse files for divorce in Spain, that filing initiates the legal process — it becomes the active case.
If your partner files a year later, the court generally will not open a new, separate case. Instead, the judge will usually:
- Join or dismiss the second filing, and
- Proceed with the first (the one that’s already in progress).
Spain’s legal system doesn’t allow two divorce cases for the same marriage to run simultaneously. The court will determine which one has procedural priority — almost always the one filed first.
⚖️ If the first case stalled or was withdrawn
If your initial filing was never completed (for example, missing documents, fees, or no progress), and your spouse later files properly, the court might accept their case as the active one.
Otherwise, if your case is still open or pending, theirs will normally be rejected or merged into yours.
🌍 If filings occur in different countries
If one of you filed in Spain and the other later files in another country (for example, the UK, France, or elsewhere), the “first-in-time” rule usually applies under EU/International private law:
The court that received the first valid filing keeps jurisdiction, and the later filing is usually suspended.
🧠 2. Psychological and Emotional Perspective
When an ex files again — a year later — it often has less to do with legal necessity and more to do with psychological motives:
- Reclaiming control: Divorce can trigger deep loss of control. Filing again gives them a sense of power or equality (“I’m ending it on my terms”).
- Emotional retaliation: Sometimes it’s an unconscious attempt to “undo” your decision — as if by re-filing, they’re rewriting the story.
- Denial and delay: People who struggle to accept the relationship’s end often use procedural actions to prolong contact or avoid closure.
From a neuroscience viewpoint, this behaviour connects to the threat system — the amygdala interprets separation as danger or rejection. The brain releases cortisol, leading to defensive, controlling, or impulsive actions. Filing again becomes a symbolic act of self-preservation, even when it has no real legal effect.
💡 3. What You Can Do
- Check with your lawyer: They can confirm your original case is active and ensure any duplicate filing is rejected or merged.
- Keep all documentation: Dates of filings, receipts, notifications — they prove the legal timeline.
- Don’t react emotionally: Their second filing might be a psychological tactic, not a legal necessity. Stay calm and grounded.
- Focus on closure: Once your case is progressing, redirect your energy to recovery, not the drama.
❤️ In summary
If you filed for divorce first in Spain, your case stands.
A second filing a year later by your spouse usually has no legal effect — only emotional meaning.
Often, it’s less about the law and more about the psychology of control, fear, and loss.
Stay factual, stay calm, and let the system do its work — emotional stability is the strongest position you can hold.
