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What are the requirements for getting a divorce in Spain when one party is a resident?

Civil Law

Francisco Garcia Ramirez

28th of June 2001

Q. What are the requirements for getting a divorce in Spain? One party is a resident.

Anonymous

    A. The law in Spain requires, in order to get divorced in Spain, that one of the following requisites is complied with:

    1. That both spouses has residency in Spain. Please note that the law, or rather the jurisprudence, does not identify residency as legal residency (with the ´tarjeta de residencia´), but residency as being Spain the only and real domicile.
    2. That both spouses are Spanish, wherever they are located.
    3. That the plaintiff is Spanish y residence in Spain (not applicable since recent law modifications).
    4. That the defendant, regardless of his nationality, has residency in Spain.
Your case should fall, if you are not Spanish, necessarily either in point 1 or 4. In those cases you would be able to file for divorce in Spain.


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