Divorcing is challenging under any circumstances. When abuse—emotional, physical, or psychological—is part of the relationship, it can feel overwhelming. Knowing your rights and the steps involved can help you protect yourself and your children, and make the process clearer.
1. Types of Divorce in Spain
- Mutual Consent Divorce (Divorcio de Mutuo Acuerdo)
- Both spouses agree on the divorce and on arrangements for children, property, and finances.
- Usually faster and less stressful.
- Contested Divorce (Divorcio Contencioso)
- One spouse does not agree, or there is disagreement on arrangements.
- Courts must decide on custody, property division, and any protections needed.
- More likely when abuse is involved.
2. How Abuse Affects the Process
- Evidence is key: Documentation of abuse—including messages, emails, threatening behaviour, and police reports—can influence custody decisions, protective measures, and property arrangements.
- Protective orders: Spain has specialized courts for gender-based violence (Juzgado de Violencia sobre la Mujer). They can issue restraining orders, emergency measures, and ensure safety during the process.
- Impact on custody: Courts prioritize children’s safety. Demonstrated abuse can limit an abuser’s custodial rights.
3. Practical Steps for Survivors
- Document everything: Keep copies of messages, emails, photos of injuries, property damage, and witness statements.
- Report abuse: Contact police or social services if you feel unsafe. This strengthens your case legally and protects you.
- Legal advice: Work with a lawyer experienced in family law and gender-based violence cases. They can help you navigate the courts and protective measures.
- Support network: Seek help from domestic violence organizations, social services, or counselling to maintain emotional wellbeing.
4. Safety Planning During Divorce
- Avoid confronting the abuser alone.
- Change passwords, secure finances, and consider temporary relocation if needed.
- Inform trusted friends or family of your schedule and legal proceedings.
5. Court Process Overview
- Filing for divorce: Either mutual or contested.
- Temporary measures: The court may issue protective orders, custody arrangements, or restrictions on contact.
- Evidence review: Submit all documentation of abuse, threats, or harassment.
- Hearing: Judges consider all evidence, safety concerns, and legal requirements.
- Judgment: Final decision on divorce, custody, finances, and protection orders.
6. Emotional Considerations
Divorce amid abuse can trigger fear, stress, and uncertainty. It is normal to feel anxious or overwhelmed. Maintaining your safety, seeking legal guidance, and accessing emotional support are vital steps toward reclaiming control and stability.
