The process of divorce can be emotionally complicated and legally confusing, as it involves taking a number of different legal and personal decisions that can profoundly affect your life.
In this context, having the support of an experienced divorce lawyer is essential to manage this process in the best possible way.
That is why, at Ódice Abogados, we offer you a team of divorce lawyers in Malaga, to guide and accompany you in this process, guaranteeing the experience, confidentiality and respect that you deserve.
What services does a Divorce Lawyer offer?
A divorce lawyer's fundamental mission is to represent and defend your interests in legal proceedings for dissolution of marriage.
At Ódice Abogadoswe handle all stages of the divorce proceedingsThe process of negotiation of prior agreements, from the initial petition through to the divorce decree, is a key step in the process of divorce settlement.
In addition, we provide you with fully personalised advice in each of the legal areas related to divorce, such as the division of property, the determination of maintenance and/or alimony and, if applicable, custody and access to the children.
Types of Divorce in Spain
In Spain, there are several types of divorce, and each has its own particularities.
Divorce by mutual consent.
Divorce by mutual consent, also known as consensual or amicable divorce, is the quickest and least expensive type of divorce.
In divorce by mutual consent, both parties agree on the terms of the separationsuch as the division of property, alimony, and other relevant aspects. This agreement is set out in the Regulatory Agreementwhich shall be filed together with the petition for divorce.
Contested divorce is a longer and more costly process than uncontested divorce and occurs when the parties cannot agree on terms of separation.
In this case, each party has to hire its own lawyer and solicitor, and the judge will decide on the division of property, alimony and other issues after a trial.
Express Divorce before a notary
The express divorce is a form of divorce by mutual consent that was introduced in Spain to speed up and simplify the divorce process.
To opt for this route, the couple must agree to divorce and to the terms of the divorceThere are no minor children and you have been married for at least three months.
This type of divorce occurs when one of the spouses is a foreigner or when the marriage was celebrated outside Spain.
The procedures for this type of divorce can be more complex, as they have to take into account the laws of other countries and it may be necessary to legalise and translate documents.
Whatever your situation, at Ódice Abogados, we are here to help you understand which type of divorce is right for your situation, and to guide you through the process, protecting your interests every step of the way.
Separation of Property
In Spain, the economic regime of the marriage is fundamental in divorce proceedings, as it determines how the couple's assets and debts will be divided.
In the following, we will look at the two most common economic regimes: separation of property and community of property.
Community of Profit and Loss
Under the community of property regime, all property and debts acquired by either spouse during the marriage are deemed to be community property and should therefore be divided equally in the event of divorce. This includes wages, real estate purchased during the marriage, and any debts incurred.
Although the division is usually equitable, there are exceptions. For example, assets that each spouse owned before the marriage, or assets acquired during the marriage by inheritance or gift, are not included in the community of property.
Separation of property
In the separation of property regime, each spouse retains ownership of the property he or she acquired before and during the marriage.
In case of divorce, each spouse retains both ownership of his/her individual property and individual debts, unless they have been incurred jointly.
Stages of divorce
The following are the basic steps of a divorce. However, it should be noted that each case is unique and may require additional or different steps.
Therefore, as a divorce law firm in Malaga, we recommend analysing each situation in detail and navigating through this process offering a personalised treatment and protecting your rights and interests at every stage.
- Divorce Petition. The first step in the divorce process is to file a divorce petition with the relevant court, formally requesting the dissolution of the marriage. In some cases, it is possible to apply for interim measures relating to housing, joint property and alimony or maintenance.
- Answer to the Complaint. Once the claim is filed, the other party has a certain period of time to reply and express whether it agrees with the conditions set out or to propose different conditions.
- Prior Agreements. If both parties can agree on how property will be divided, custody, and whether maintenance and/or alimony is to be paid, an agreement can be drawn up. Regulatory Agreement reflecting these agreements. This step is not mandatory, but it can simplify the divorce process.
- Divorce proceedings. If no settlement is reached, the case will go to trial and each side will present evidence and arguments to support its claims.
- Divorce JudgmentAfter the trial, the judge issues a divorce decree, whereby the final terms of the dissolution of the marriage are established and the divorce becomes legally effective.
- Settlement of the Economic Regime. The last stage of divorce is the liquidation of the matrimonial property regime, in which the assets and debts of the marriage are divided. Depending on the circumstances, this stage can be simple or complex.
Divorce with children vs. divorce without children
Lawyers for Divorces with children
In a divorce with children, several additional factors must be considered in addition to those in a divorce without children, as decisions must be made regarding:
- The Child Custody. Custody can be shared, which means that both parents will alternate care of the children, or it can be individual, where one parent has custody and the other parent has access rights. The decision is made based on the best interests of the children.
- The Visitation Regime. If one of the parents does not have custody of the child, he or she has access rights. The timing and conditions of such access are determined on a case-by-case basis.
- AlimonyAlimony: Alimony is the amount of money that one parent must pay to the other parent to cover the costs of the children. The amount is set according to several factors, such as the income of each parent and the needs of the children.
- The Children's Education and Welfare DecisionRegardless of who has custody, both parents generally have the right to participate in major decisions about the upbringing and welfare of their children.
At Ódice Abogados, we are aware that each family is unique. For this reason, we take the time necessary to understand your needs and those of your familyand we work tirelessly to protect your rights and those of your children.
If you are looking for a divorce lawyer in Malaga, at Ódice Abogados we are at your disposal to help you and simplify this process so that you can close this stage in the best possible way. Do not hesitate in contact us at!
Childless Divorce Lawyers
As we have discussed, divorce is a process that can be emotionally intense and legally complex, even when there are no children involved.
In a childless divorce, the key issues that need to be addressed are usually:
- The division of Assets. Depending on the economic regime of your marriage (community of property or separation of property), the assets acquired during the marriage will be divided equitably. At Ódice Abogados, we guarantee effective representation during this process, ensuring that your rights and interests are respected at all times.
- Compensatory Pension. In cases where one of the spouses may be left in an unfavourable financial situation after the divorce, a compensatory pension may be established. Our team of lawyers will work diligently to ensure that a fair and balanced settlement is reached.
Ódice Abogados: divorce lawyers in Málaga
At Ódice Abogados we provide you with expert legal advice in a close, professional and direct manner, always taking into account your personal needs and objectives.
We strive to minimise the stress associated with divorce, handling every detail with precision and diligence; with open and constant communication to keep you informed and give you peace of mind at every stage of the process.
And if circumstances change, we adapt and adjust our legal strategy to continue to protect your interests.
If you are considering divorce, or have already made the decision, contact us today and take the first step towards your new future, together with our team of expert divorce lawyers in Malaga.