Divorce is never simple. Add two countries, two languages, and two legal systems, and it can feel overwhelming.
This is why many international couples begin their search with “Spanish divorce lawyer near me” — someone who not only understands Spanish divorce law, but also how it interacts with other countries’ rules on marriage, property, and children.
If you or your spouse are foreign, live or work abroad, or were married in Spain but now live elsewhere, this guide will help you understand what to expect and how the process generally works.
This post covers:
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when you need a Spanish divorce lawyer
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how divorce works for international couples in Spain
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documents you typically need
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child, property, and visa issues
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tips for finding the right lawyer
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remote vs. in-person divorce
By the end, you should feel more confident about your options, even if the process seems confusing right now.
When international couples need a Spanish divorce lawyer
You may need a Spanish divorce lawyer if any of the following apply:
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you were married in Spain
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you live in Spain now
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one spouse lives in Spain
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you own property in Spain (home, land, or business)
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you are Spanish citizens living abroad
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you want your divorce recognized in Spain
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you are dealing with Spanish courts or documents
Even if you currently live in another country, a Spanish divorce can still affect:
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division of property and assets
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pensions
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children’s residence rights
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inheritance
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tax status
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future marriage plans
A lawyer experienced in international family law can connect the dots between different legal systems and help you avoid costly mistakes.
Related: Cordell and Cordell Divorce Attorney Office Reviews
Types of divorce for international couples in Spain
There are two main types of divorce in Spain.
1. Mutual agreement divorce (uncontested)
This is the quickest and least stressful option.
It applies when both spouses agree on:
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the divorce itself
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child custody
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child support
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division of assets and debts
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spousal support (if any)
It is usually:
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faster
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less expensive
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more amicable
In some cases, both spouses may share one lawyer, although many still prefer separate legal advice.
Related: Specialist Divorce Lawyers for Child Custody Disputes
2. Contentious divorce (contested)
A divorce becomes contentious when spouses disagree on one or more issues.
A judge will then decide matters such as:
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where the children will live
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child support amounts
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use or sale of the family home
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division of assets
Each spouse must have their own lawyer and a procurador (court representative) in Spain.
This is especially important for international couples because court decisions may later need to be enforced in another country.
Related: What Is Divorce Insurance?
What makes international divorces different?
When both spouses are from the same country, divorce tends to involve only one legal system.
International couples face additional questions, including:
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Which country has jurisdiction?
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Which country’s law applies?
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Will both countries recognize the divorce?
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How are assets in different countries divided?
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What happens if children live abroad?
A Spanish divorce lawyer familiar with cross-border cases helps prevent issues such as:
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one country refusing to recognize the divorce
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conflicting custody orders
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unexpected tax consequences
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complications selling property abroad
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problems with visas or residence permits
Do you have to live in Spain to get divorced there?
Not always.
A Spanish court may still have jurisdiction if:
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both spouses reside in Spain
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one spouse resides in Spain
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Spain was your last shared residence
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the marriage was registered in Spain
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the children live in Spain
In some cases, documents can be signed at a Spanish consulate or via notary with apostille, without traveling to Spain.
Your lawyer will advise whether your situation allows remote proceedings or requires in-person steps.
Divorce and children: custody, residence, and travel
When children are involved, regulations are stricter and more detailed.
Key topics include:
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shared or sole custody
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where the child will live
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travel permissions
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schooling decisions
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child maintenance payments
Spanish law prioritizes the best interests of the child.
International cases can involve:
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relocation to another country
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disputes about moving children
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Hague Convention child-abduction issues
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dual nationality
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schooling in different languages
A Spanish divorce lawyer ensures that agreements are legally valid and enforceable internationally, not just informal arrangements.
Property and assets in more than one country
Many international couples own assets in several countries, such as:
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homes
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bank accounts
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vacation properties
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investments
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businesses
Important questions include:
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Are assets joint or separate?
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What marital property regime applies?
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Where are assets located?
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Which country’s law controls division?
Spain recognizes various marital property systems, including:
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community property
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separation of assets
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prenuptial agreements
A lawyer will help clarify:
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who owns what
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how assets should be divided
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how to avoid double taxation
Documents you usually need
Documents vary by region and situation, but commonly include:
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marriage certificate
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children’s birth certificates
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passports or national ID cards
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residence certificates
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prenuptial agreements, if any
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property or mortgage records
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proof of income
Foreign documents generally must be:
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officially translated into Spanish
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legalized or apostilled
Your lawyer will confirm exactly what is required.
How long does a Spanish divorce take?
Timeframes depend on:
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whether the divorce is contested
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whether children are involved
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court workload
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international paperwork processing
Typical timelines:
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mutual agreement: a few months
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contested cases: several months to more than a year
Translations, consular appointments, and recognition procedures may extend the process.
Do you need a “Spanish divorce lawyer near me” or one in Spain?
Either can be useful, depending on what you need.
You may require:
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a Spanish lawyer to appear before Spanish courts
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a local lawyer to assist with recognition or immigration
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both, working together
Good international divorce lawyers often:
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work by phone, email, and video call
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coordinate across countries
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communicate in more than one language
More important than physical distance are:
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expertise in international divorces
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clear communication
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transparency about fees
How to choose the right Spanish divorce lawyer
Look for a lawyer who:
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specializes in family law
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has cross-border experience
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communicates clearly in your language
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gives realistic guidance, not just promises
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explains costs upfront
Useful questions to ask:
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Have you handled cases involving my country before?
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Will my divorce be recognized abroad?
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Do I need to travel to Spain?
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What risks should I be aware of?
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What documents should I begin gathering?
You should feel comfortable asking questions and understood during consultations.
Immigration and residence after divorce
Divorce may affect:
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residence permits
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EU family member cards
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citizenship applications
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dependent visas
A lawyer can advise whether:
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your residence depends on your marriage
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you can keep or renew your permit
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there are options after separation
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non-EU spouses maintain rights
Never assume your status will remain unchanged. Always confirm.
Can you do a Spanish divorce online?
Many steps can now be handled remotely, such as:
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consultations
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preparing documents
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some digital signatures
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consular appointments abroad
However, courts or notaries may still require:
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original documents
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representation by a lawyer or procurador
Even when handled online, Spanish legal procedures must be followed.
Final thoughts
Divorce is difficult, and cross-border elements can make it feel especially complex.
The encouraging news is that experienced guidance exists.
A Spanish divorce lawyer for international couples can help you:
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understand your rights
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avoid conflicts between legal systems
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protect your children’s interests
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divide assets fairly
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reduce stress and uncertainty
Whether you live in Spain, married in Spain, or need your divorce recognized there, speaking with a professional early can save time, money, and complications.
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