Divorces and separations

¿Quiere divorciarse no sabe cómo dar el primer paso? Asesórese con expertos.

Description of the service


If you have a residence in Spain and you are in process of separation, remember that you must make a modification not to lose it. Trust the expert attorneys of “Tolentino Abogados” to carry out your separation and / or divorce management.

Do you want to divorce do not know how to take the first step? Consult with experts.

Any foreign citizen may have access to the Spanish Courts either to obtain a declarative statement regarding their marriage relationship and to the measures resulting therefrom, or to obtain the execution in Spain of a pronouncement of such nature dictated in their country of origin. origin.

Every person may be separated or divorced within three months of marriage, only if there is a risk to the life, physical integrity, liberty, moral integrity or liberty and sexual indemnity of the claiming spouse or the children of Both or any of the members of the marriage can apply for separation or divorce the day after the marriage.

That is, the separation or divorce can be ordered judicially without any cause. Either spouse may initiate separation or divorce proceedings with or without the consent of the other.

Pasos a seguir


  • In case of separation or divorce by mutual agreement, the spouses must sign a regulatory agreement that establishes, as a minimum, the parental authority, custody and custody of minor children, the regime of visits and vacations with the progenitor or parent Custodian, maintenance allowance, use of the spousal address, and, where applicable, the spousal support pension. In addition, other measures of interest to the family can be agreed in the regulatory agreement.
  • If the spouses do not reach an agreement, it will be the competent court that establish parental authority, custody and custody of minors, the regime of visits and vacations, food and use of the conjugal domicile, decision to be adopted For the benefit of the children, if any.
  • If there are no minor children, but economically dependent children and adults living in the family home, a maintenance allowance will be fixed.
  • The maintenance allowance will depend on the income of those who are obliged to pay and the needs of the recipient, taking into account that they must cover food, clothing, room, education, health, leisure, and any other expenses considered necessary.
  • As for the conjugal domicile when there are no offspring, the Court will grant the use of conjugal domicile to that of the spouses who, in the circumstances, their interest is the most in need of protection.
  • The spouse to whom the separation or divorce produces an economic imbalance, in relation to the position of the other, may apply to the Court for a compensatory pension, which may be temporary or indefinite or a single benefit, establishing in judgment, taking into account the The following circumstances: the agreements reached by the spouses; Age and health status; Professional qualifications and probabilities of access to employment; The past and future dedication to the family; Collaboration with their work in the commercial, industrial or professional activities of the other spouse; The duration of marriage and conjugal coexistence; The eventual loss of a pension entitlement; The flow and economic means and the needs of both spouses or any other relevant circumstance.
  • The Court establishes the revaluation of both the maintenance of the children and the compensatory pension agreed in judgment.
  • The sentence of separation and divorce dissolves the economic regime of marriage and will be registered in the Civil Registry where the marriage registration is recorded.

What it is included:

Our foreign immigration and foreigners attorneys at Tolentino Abogados, can help you process your divorce or separation, we will assist you throughout the entire process, either by Mutual Agreement or through a Contentious Administrative, and above all if you are a foreign counselor not to lose your Residence in Spain.

What does not include:

Our service does not comprise the assistance in Spanish Consulates. We personally assist within our firm located in Madrid, Spain, and in Santo Domingo City, Dominican Republic.

With regard to other matters, we provide legal aid online.

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Un abogado especializado y experto en extranjería e inmigración, le informará sobre cómo solucionar su problema. Para asesoramiento más amplio, podemos atenderle por Skype o en nuestro despacho en Madrid. Solicite cita previa llamando al +34 918 272 222.

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