How Long Does Divorce Take in Spain? Timeline & Process

The Two Divorce Paths in Spain

Spain offers two fundamentally different divorce processes, and the one you choose dramatically affects your timeline:

Mutuo acuerdo (Mutual consent):

• Both spouses agree on all terms
• Single regulatory agreement covers everything
• One joint petition filed together
• Minimal court involvement
• Timeline: 2-4 months

Contencioso (Contested):

• Spouses disagree on custody, assets, or alimony
• Each spouse has separate legal representation
• Adversarial court proceedings
• Judge decides disputed issues
• Timeline: 6-24+ months

The difference? Mutual consent divorces can be 6-10 times faster than contested divorces. This is why experienced divorce lawyers always recommend attempting mediation before filing contested proceedings.

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Mutual Consent Divorce: Month-by-Month Timeline (2-4 Months)

Here's exactly what happens when both spouses agree to divorce terms:

Week 1-2: Initial Consultation and Agreement Drafting

What happens:

• Both spouses (or just one initially) consult with a family lawyer
• Lawyer explains divorce process and timeline
• Initial discussion of terms: custody, property division, alimony
• Lawyer begins drafting the regulatory agreement (convenio regulador)

Your involvement:

• Gather financial documents (property deeds, bank statements, tax returns)
• List all marital assets and debts
• Discuss proposed custody arrangement (if children)
• Provide details of income and expenses

Cost at this stage: €200-500 in initial lawyer consultations

Pro tip: You can technically share one lawyer in mutual consent divorces, saving €800-1,500. However, each spouse having independent counsel prevents conflicts and ensures fair terms.

Week 3-4: Regulatory Agreement Finalization

What happens:

• Lawyer presents draft regulatory agreement to both spouses
• Agreement covers:
  • Child custody arrangement (if applicable)
  • Visitation schedule
  • Child support amounts
  • Division of property and assets
  • Spousal support (pensión compensatoria) if applicable
  • Use of family home
  • Division of debts
• Both spouses review and negotiate any changes
• Final agreement signed by both parties and lawyers

Your involvement:

• Read agreement carefully
• Request changes if needed
• Consider having independent lawyer review (highly recommended)
• Sign final version

Timeline checkpoint: By end of Month 1, your regulatory agreement should be complete and signed.

Month 2: Filing the Divorce Petition

What happens:

• Lawyer files joint divorce petition (demanda de divorcio) at Family Court
• Petition includes:
  • Signed regulatory agreement
  • Marriage certificate
  • Birth certificates (if children)
  • Property documentation
  • Proof of address
• Court assigns case number
• Procurador (court representative) handles administrative filing

Required documents:

• Marriage certificate (certificado literal de matrimonio) - must be recent
• Birth certificates of any children
• Regulatory agreement (original + copies)
• NIE/DNI of both spouses
• Empadronamiento certificates (proof of residence)

Costs at this stage:

• Court fees: €0 (eliminated in 2012 for family law cases)
• Procurador fees: €200-500
• Lawyer fees: Varies, often €500-1,000 at this stage

Timeline: Filing to court review: 2-4 weeks depending on court backlog

Month 2-3: Court Review and Hearing Scheduling

What happens:

• Court reviews submitted documents
• Judge verifies regulatory agreement protects children's interests
• Court schedules ratification hearing (vista)
• Both spouses notified of hearing date
• Wait time varies by court location:
  • Madrid: 3-6 weeks
  • Barcelona: 4-8 weeks
  • Smaller cities: 2-4 weeks

Your involvement:

• Wait for hearing notification
• Ensure you're available on scheduled date
• No action required unless court requests additional documents

Possible delay: If documents are incomplete or improperly formatted, court will request corrections, adding 2-4 weeks.

Month 3-4: Ratification Hearing and Final Decree

What happens:

• Both spouses attend hearing at Family Court
• Brief proceeding (15-30 minutes typically)
• Judge confirms both parties agree freely to terms
• Judge verifies regulatory agreement is fair and legal
• Judge asks if either party wants to change anything
• If all is in order, judge approves divorce on the spot
• Divorce decree (sentencia de divorcio) issued
• Decree becomes final after 20-day appeal period (rarely used in mutual consent)

Your attendance:

• Mandatory - both spouses must appear in person
• Bring original ID/passport
• Lawyer and procurador also attend
• Hearing is usually very quick and procedural

After the hearing:

• Divorce decree registered automatically
• You receive certified copy within 2-4 weeks
• Decree is final after 20 days (if no appeal)
• Can remarry immediately after 20-day period

Total timeline for mutual consent: 2-4 months from initial consultation to final decree

Fastest possible: 2 months in smaller cities with quick court processing

Typical timeline: 3-4 months in major cities like Madrid and Barcelona

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Contested Divorce: Month-by-Month Timeline (6-24 Months)

When spouses cannot agree, the timeline extends significantly:

Month 1-2: Filing and Initial Response

What happens:

• One spouse files divorce petition unilaterally
• Petition outlines demands: custody, property division, support
• Court serves other spouse with papers (notificación)
• Spouse has 20 days to respond with contestación
• Counterclaims often filed at this stage

Your involvement:

• File detailed petition through your lawyer
• Or respond to spouse's petition within 20 days
• Provide evidence supporting your position
• Each spouse has separate legal representation (mandatory)

Costs at this stage: €500-1,500 per spouse for initial filings

Timeline checkpoint: By end of Month 2, positions are established and case moves to discovery.

Month 2-4: Preliminary Measures and Discovery

What happens:

• Court may issue preliminary measures (medidas provisionales):
  • Temporary custody arrangement
  • Temporary child support
  • Temporary use of family home
  • Temporary spousal support
• Both sides gather evidence (discovery phase):
  • Financial records requested
  • Property valuations ordered
  • Bank statements subpoenaed
  • Employment records collected

Your involvement:

• Comply with all document requests
• Provide complete financial disclosure
• Attend preliminary hearing if scheduled
• May need to move out of family home if court orders

Costs at this stage:

• Property valuation: €300-800
• Forensic accounting (if needed): €1,000-3,000
• Lawyer fees: €500-2,000 at this stage

Common delay: Uncooperative spouse refusing to provide documents can add 2-6 months.

Month 4-8: Evidence Gathering and Expert Evaluations

What happens:

• If children involved, court orders custody evaluation (informe psicosocial)
• Court-appointed psychologist interviews:
  • Both parents
  • Children (if age-appropriate)
  • Observes home environments
• Property appraisals completed
• Witness statements collected
• Financial experts analyze assets if complex

Timeline for custody evaluation: 2-4 months from order to final report

Your involvement:

• Cooperate with custody evaluator
• Prepare your home for evaluation visit
• Be honest and child-focused in interviews
• Never speak negatively about other parent to evaluator

Costs at this stage:

• Custody evaluation: €500-1,500 (court pays, sometimes split between parties)
• Expert witness fees: €500-2,000 if you hire private experts

Timeline checkpoint: By Month 6-8, evidence gathering complete and case ready for mediation or trial.

Month 6-12: Mandatory Mediation and Pre-Trial Proceedings

What happens:

• Court orders mandatory mediation session
• Professional mediator attempts to help spouses reach agreement
• If successful, converts to mutual consent divorce (saving 6-12 months)
• If unsuccessful, case proceeds to trial
• Pre-trial hearings scheduled to narrow issues
• Settlement negotiations continue

Success rate of court-ordered mediation: Approximately 30-40% reach settlement

Your involvement:

• Attend mediation in good faith
• Consider compromises seriously
• Listen to mediator's reality check about trial risks
• Evaluate settlement offers carefully

Costs at this stage:

• Mediation: Usually free (court-provided)
• Ongoing lawyer fees: €1,000-3,000

Timeline if settlement reached: Case can conclude within 2-3 months from this point

Timeline if no settlement: Proceed to trial, adding 6-12 more months

Month 8-18: Trial Scheduling and Preparation

What happens:

• Trial date scheduled (often 4-8 months out due to court backlogs)
• Lawyers prepare trial strategy
• Witnesses prepared
• Evidence organized and finalized
• Final settlement attempts made

Your involvement:

• Meet regularly with lawyer
• Prepare testimony
• Review evidence
• Consider one final settlement attempt

Costs at this stage:

• Lawyer trial preparation: €2,000-5,000
• Expert witnesses: €500-2,000 per witness

Common delay: Court backlogs frequently push trial dates back 2-4 months

Month 12-18: Trial

What happens:

• Formal trial before family court judge
• Both sides present evidence
• Witnesses testify
• Experts present findings
• Lawyers make closing arguments
• Trial can be one hearing or multiple sessions

Trial length:

• Simple contested divorce: 1-2 hours
• Complex cases: Multiple sessions over 2-6 months

Your involvement:

• Attend all trial sessions (mandatory)
• Testify when called
• Professional appearance and demeanor crucial

Costs at this stage:

• Lawyer trial fees: €2,000-5,000
• Total legal costs to this point: €5,000-15,000+ per spouse

Month 12-24: Judgment and Possible Appeals

What happens:

• Judge issues ruling (sentencia) within 1-3 months after trial
• Ruling covers all disputed issues:
  • Custody arrangement
  • Visitation schedule
  • Child support amounts
  • Property division
  • Alimony (if applicable)
• Either party can appeal within 20 days
• Appeal adds 6-12 months to timeline

Appeal process:

• Filed with Provincial Court (Audiencia Provincial)
• Review of lower court's decision
• Rarely overturns family court rulings
• Adds €2,000-5,000 in additional legal fees

Final timeline: 6-24 months for contested divorce without appeal, 12-36 months with appeals

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The 3-Month Marriage Minimum

Important legal requirement: You must be married for at least 3 months before filing for divorce in Spain.

Why this rule exists:

• Prevents impulsive divorces immediately after marriage
• Ensures marriages are given reasonable chance
• Protects against fraudulent marriages

Exception: The 3-month requirement can be waived if there is evidence of risk to physical or psychological well-being of spouse or children.

Comparison to other countries:

• UK: Must be married 1 year minimum
• France: No minimum period
• Germany: 1-year separation required first
• Spain's 3-month rule is relatively lenient

What if we just married 1 month ago?

• You must wait until 3-month anniversary to file
• Use this time to attempt reconciliation or prepare for divorce
• Consult lawyer during waiting period
• Gather financial documents
• Consider mediation

Does the 3-month clock start from wedding or registration?

• From the date of marriage registration (inscripción del matrimonio)
• For marriages abroad, from apostilled marriage certificate date

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Factors That Speed Up Your Divorce

Want to minimize your timeline? Focus on these factors:

1. Reach Mutual Agreement Before Filing

Time saved: 4-20 months

The single biggest factor affecting divorce timeline is whether you file mutual consent or contested.

How to achieve this:

• Hire a mediator before involving lawyers
• Be realistic about outcomes (courts favor 50/50 custody)
• Focus on children's best interests, not revenge
• Use collaborative divorce lawyers trained in settlement

Cost comparison:

• Mutual consent: €1,000-3,500 total
• Contested: €5,000-15,000+ per spouse

2. Have No Children

Time saved: 1-3 months

Divorces without children are significantly faster because:

• No custody evaluation required (saving 2-4 months)
• No child support calculations
• Fewer disputes typically
• Simpler regulatory agreements

Timeline:

• Childless mutual consent: 2-3 months
• With children mutual consent: 3-4 months

3. No Property Disputes

Time saved: 2-6 months

Complex property division requires:

• Professional valuations (2-4 weeks per property)
• Forensic accounting (1-3 months)
• Business valuations if self-employed
• International property documentation

Simplest scenarios:

• Renters with no real estate: Fastest
• One property clearly owned by one spouse: Quick
• Multiple properties or businesses: Slow

4. Both Parties Cooperative

Time saved: 3-8 months

Cooperative spouses:

• Respond to document requests promptly
• Attend scheduled hearings
• Don't file frivolous motions
• Negotiate in good faith

Uncooperative spouses can delay by:

• Ignoring court orders (forcing enforcement proceedings)
• Repeatedly changing lawyers
• Missing hearings
• Hiding assets

5. Experienced Family Lawyers

Time saved: 1-3 months

Specialized divorce lawyers (abogados de familia):

• Know exactly what documents courts need
• File everything correctly first time
• Have relationships with court staff
• Efficiently negotiate settlements
• Avoid procedural delays

Red flag: General practice lawyers who don't specialize in family law often make errors that add weeks or months.

Cost: Specialized lawyers charge €100-300/hour vs €80-150/hour for general lawyers, but save money overall through efficiency.

6. File in Madrid or Barcelona

Time saved: Potentially faster

Counter-intuitively, major cities often process divorces faster because:

• Specialized family courts (vs general courts in small cities)
• More judges dedicated to family law
• Better systems and resources
• However, also more backlog

Reality varies by specific court:

• Madrid Juzgado de Familia 1: Very efficient
• Barcelona Juzgado de Familia 9: Known for delays
• Check with local lawyers about specific court reputations

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Factors That Delay Your Divorce

Avoid these common timeline killers:

1. Contested Custody Battles

Time added: 6-12 months

Custody disputes require:

• Court-appointed custody evaluation (2-4 months)
• Psychological testing
• Home visits
• School interviews
• Extended trial proceedings

Most disputed issue in Spanish divorces: Custody arrangements

Modern reality: Spanish courts strongly favor shared custody (custodia compartida) since 2013 reforms. Fighting this presumption is difficult and time-consuming.

2. Complex Asset Division

Time added: 3-8 months

Time-consuming asset issues:

• International property: Requires valuations, legal opinions from multiple countries (add 2-4 months)
• Business ownership: Forensic accounting, business valuations (add 3-6 months)
• Hidden assets: Discovery process, subpoenas, investigations (add 4-8 months)
• Cryptocurrency/offshore assets: Especially difficult to value and divide (add 3-6 months)

3. Uncooperative or Hiding Spouse

Time added: 4-12 months

Delaying tactics include:

• Refusing to sign documents
• Not responding to lawyer communications
• Skipping court appearances (requiring rescheduling)
• Hiding financial information
• Filing baseless motions

Court remedies:

• Default judgments (if spouse doesn't appear)
• Sanctions for non-cooperation
• Adverse inferences (assuming hidden assets exist)

4. Court Backlogs

Time added: 2-6 months

Regional variations in case backlog:

• Madrid family courts: 8-12 month backlog for trials
• Barcelona: 10-15 month backlog
• Smaller cities: Often less backlog, but less specialized

COVID-19 impact: Many courts still catching up from 2020-2021 closures

Seasonal factors:

• July-August: Courts operate at reduced capacity
• September-October: Backlog from summer
• January: Fresh start, some delays from holidays

5. Multiple Appeals

Time added: 6-12 months per appeal

Appeal process:

• File within 20 days of judgment
• Provincial Court (Audiencia Provincial) reviews
• 6-12 month process
• Can appeal again to Supreme Court (rare)
• Each level adds 6-12 months

Success rate of appeals: Only 15-20% of family law appeals succeed

Strategic question: Is appeal worth €3,000-5,000 in additional fees plus 6-12 months delay?

6. International Complications

Time added: 3-9 months

Complications that slow divorces:

• Spouse lives abroad: Service of process difficulties
• Foreign marriages: Apostilled certificates required
• Children in different countries: Hague Convention proceedings
• International assets: Multiple jurisdictions

Hague Convention cases: If spouse takes children abroad, add 6-18 months for return proceedings

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Regional Court Speed Variations

Divorce timelines vary significantly by region:

Madrid Courts

Mutual consent timeline: 2-3 months Contested timeline: 8-12 months

Characteristics:

• Specialized family courts
• Experienced judges
• High volume but efficient systems
• Best court: Juzgado de Familia nº 1 (fastest)
• Slowest: Juzgado de Familia nº 15

Pro tip: Your lawyer can't choose which specific court, but location of residence affects assignment.

Barcelona Courts

Mutual consent timeline: 3-4 months Contested timeline: 10-15 months

Characteristics:

• Significant backlog (worse than Madrid)
• Bilingual proceedings (Catalan/Spanish) can add complexity
• COVID backlog still affecting timelines
• Suburban courts (L'Hospitalet, Badalona) sometimes faster

Valencia Courts

Mutual consent timeline: 2-3 months Contested timeline: 8-14 months

Characteristics:

• Less backlog than Madrid/Barcelona
• Efficient family court system
• Growing expat population increasing caseload

Costa del Sol (Málaga, Marbella, Fuengirola)

Mutual consent timeline: 3-4 months Contested timeline: 8-12 months

Characteristics:

• High percentage of international/expat divorces
• Judges experienced with complex international cases
• English-speaking lawyers readily available
• Marbella court particularly experienced with international assets

Smaller Cities (Girona, Tarragona, Granada, etc.)

Mutual consent timeline: 2-3 months Contested timeline: 6-10 months

Characteristics:

• Less case backlog = faster processing
• General courts (not specialized family courts)
• Less experienced with complex international divorces
• But faster overall timelines

Consideration: If your divorce is complex (international assets, custody disputes), specialized Madrid/Barcelona courts may be worth the extra wait for experienced judges.

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How to Minimize Your Divorce Timeline

1. Try Mediation Before Filing

Potential time savings: 6-18 months

Professional mediators (€100-200/hour) can help you:

• Draft regulatory agreement before involving courts
• Resolve custody disagreements
• Agree on property division
• File mutual consent instead of contested

Cost: €500-2,000 for mediation vs €5,000-15,000 for contested divorce

Success rate: 60-70% of couples who try mediation reach agreement

2. Use Collaborative Divorce Lawyers

Potential time savings: 3-8 months

Collaborative divorce:

• Both spouses hire collaborative-trained lawyers
• Everyone commits to settlement (no trial threats)
• Joint meetings to negotiate terms
• Converts to mutual consent filing

Available in: Madrid, Barcelona, Valencia (growing in popularity)

3. Be Organized with Documents

Potential time savings: 1-3 months

Prepare these before meeting lawyer:

• Marriage certificate (recent literal copy)
• Birth certificates of children
• Property deeds (escrituras)
• Bank statements (last 12 months)
• Tax returns (last 3 years)
• Employment contracts
• Pension statements
• Business ownership documents

Tip: Complete financial disclosure upfront prevents discovery delays later.

4. Respond Promptly to All Requests

Potential time savings: 2-4 months

Quick responses to:

• Lawyer emails and calls
• Court document requests
• Custody evaluator appointments
• Financial disclosure requests

Every week of delay can add 2-4 weeks to timeline due to court scheduling.

5. Choose the Right Lawyer

Potential time savings: 2-6 months

Look for:

• Specialization: Only hire abogados de familia (family law specialists)
• Local experience: Lawyer familiar with your specific court
• Settlement focus: Avoid overly aggressive lawyers who escalate conflicts
• Availability: Lawyer who responds within 24-48 hours

→ Find English-speaking divorce lawyers in Spain

6. Be Realistic About Outcomes

Potential time savings: 6-12 months

Spanish family law trends:

• Shared custody is presumed - fighting it rarely succeeds and adds 6-12 months
• Equal property division - expect 50/50 split of marital assets
• Limited alimony - only awarded when clear income disparity and need
• Child support follows formula - not much room for negotiation

Reality check: If your lawyer says you'll get outcomes significantly different from these norms, get a second opinion. Unrealistic expectations lead to contested proceedings and years of delays.

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Divorce Timeline Comparison Table

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Common Timeline Questions

Can I speed up my divorce by paying more?

No. Court processing times are fixed regardless of how much you pay your lawyer. Expensive lawyers may be more efficient, but they cannot make courts move faster.

What you can pay for:

• Faster preparation of documents
• More experienced negotiation
• Better likelihood of settlement (avoiding trial)

Does hiring a procurador slow things down?

No. Procuradores are mandatory in Spain for divorce proceedings. They handle court filings and communications. Having one does not delay your case.

Cost: €200-500 for mutual consent, €500-1,500 for contested

What if my spouse is in another country?

Timeline impact: Add 2-6 months

International service of process:

• Documents sent via Hague Convention process
• 30-90 days for service
• If spouse unreachable, publication service (adds 3-6 months)

Can still proceed: Spanish courts have jurisdiction if you're resident in Spain

Can I remarry before divorce is final?

No. You must wait until divorce decree is final and 20-day appeal period expires.

Timeline to remarry:

• Mutual consent: 3-5 months from filing
• Contested: 7-25 months from filing

Does legal separation (separación legal) speed up divorce?

No. Spain allows direct divorce since 2005 reforms. Legal separation no longer required.

Modern approach: File for divorce directly, skipping separation.

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Get Expert Help with Your Divorce

Complete Divorce Checklist

Navigate your Spanish divorce with our comprehensive checklist covering every step from initial consultation to final decree.

→ Complete divorce checklist for Spain (12 tasks)

Professional Divorce Services

If you're facing divorce in Spain:

• English-speaking divorce lawyers - Specialized family law attorneys
• Divorce mediators - Help reach mutual agreement
• Divorce cost calculator - Estimate your total costs

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Related Divorce Guides

Essential Divorce Resources

• Divorce Cost in Spain: Complete Breakdown →
• English-Speaking Divorce Lawyers in Spain →
• Child Custody Laws in Spain 2025 →

Property & Financial

• Dividing Property in Spanish Divorce →
• Alimony in Spain: Who Pays What? →

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This guide was last updated in January 2025. Spanish divorce law and court processing times may change. Always verify current requirements with a qualified family law attorney.

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Lifetti helps expats navigate divorce in Spain with step-by-step guides, timeline estimates, and connections to verified English-speaking divorce lawyers and mediators.