A demanda de divorcio is a written petition filed with the Family Court (Juzgado de Familia) by one or both spouses, asking a judge to legally dissolve the marriage and decide on related matters such as property division, custody, and financial support.
🧾 Two Main Types of Divorce in Spain
- Divorcio de Mutuo Acuerdo (Mutual Agreement Divorce)
- Both parties agree to end the marriage and sign a convenio regulador (settlement agreement).
- It covers child custody, visitation, spousal support, and property division.
- It’s filed jointly, usually through one shared lawyer.
- Fast (often 1–3 months) and less expensive.
- Divorcio Contencioso (Contentious or Lawsuit Divorce)
- One spouse files a lawsuit because there’s no agreement.
- Each party has their own lawyer and procurador (court representative).
- A judge decides everything: custody, housing, assets, maintenance, etc.
- This process can take many months — even longer if psychological evaluations or abuse allegations are involved.
⚖️ What the Lawsuit Includes
The petition (demanda) sets out:
- The grounds for divorce (in Spain, you don’t need to prove fault — just that you want to end the marriage and 3 months have passed since it began).
- Requests or claims: who keeps the home, custody terms, visitation, financial compensation, etc.
- Supporting evidence: financial documents, witness statements, police or medical reports if there’s abuse.
👩⚖️ If Abuse or Coercive Control Is Involved
- You can request protective measures (medidas cautelares) — such as restraining orders or exclusive use of the family home.
- The court can involve psychologists or social services to assess family dynamics and the safety of children.
- If there’s domestic violence, the case may go to a Juzgado de Violencia sobre la Mujer (specialised gender-violence court).
These courts have trained judges, prosecutors, and psychologists familiar with coercive control dynamics.
💶 Costs and Representation
- Each spouse must have a lawyer (abogado) and a procurador unless it’s a joint divorce by mutual consent.
- Legal aid (justicia gratuita) may be available if your income is below a certain threshold.
⏳ Timeline Overview
| Stage | Description | Timeframe |
|---|---|---|
| Filing the demanda de divorcio | Your lawyer submits the petition to Family Court | Day 0 |
| Response from the other party | Usually within 20 working days | ~3 weeks |
| Preliminary hearing | Judge reviews documents, may order psychological or financial reports | 2–4 months |
| Trial (if contested) | Both sides testify; experts may appear | 4–8 months |
| Judgment (sentencia de divorcio) | Court issues final decree | Several weeks after trial |
🩵 After the Judgment
- The court’s ruling is officially recorded in the Civil Registry (Registro Civil).
- Either party can appeal the decision.
- Once final, you are legally divorced and free to remarry.
Would you like me to write a specific version of this explanation for your therapy and awareness audience — for example,
➡️ “Understanding the Divorce Process in Spain When Abuse Is Involved” — written in clear, supportive language for clients and survivors?
