Where should a divorce claim be filed where the parties are not spanish citizens or residents?

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	Where should a divorce claim be filed where the parties are not spanish citizens or residents? Civil Law Francisco Garcia Ramirez 7th of November 1999
Q. I understand that if an American couple living in Spain wants to divorce, only one member of the couple has to be resident in Spain; however, can the member of the couple who does not have residence file for the divorce, or does it have to be the member of the couple who is a Spanish resident who files the divorce papers? Anonymous
A. The 1985 LOPJ establishes the following points of connection in order for the Courts to have jurisdictional authority: Defendant is resident in Spain Both parties are residents in Spain Plaintiff is Spanish and resident in Spain Both parties are Spanish regardless of country of residence If the defendant is non-resident, the Courts are more likely than not to order a stay of proceedings (save point of connection three). A Spanish Supreme Court ruling (auto TS 3 Feb.1.986) denied competence to Spanish tribunals where the defendant was a resident in the United States. However, both parties are free to choose the Spanish jurisdiction to decide a matter of divorce, either by expressly agreeing the submission or one party filing for divorce and the other party tacitly accepting the competence of Spanish tribunals. Ask a Question