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DIVORCE AND CUSTODY
Shared
Paternal
Maternal
CHILD SUPPORT
Amount
Guidelines
Expenses
PARENTAL AUTHORITY
School
Education
Residence
COMPENSATORY SUPPORT
Dedication
Employment
Temporary
VISITATION RIGHTS
Weekends
Overnight stays
Schedules
HOUSING ASSIGNMENT
Family
Minors
Agreements
SOLUTIONS
PSYCHOLOGICAL SUPPORT
Tell us your story, problems, or concerns with no obligation. You will be supported by a family expert psychologist who will listen with complete empathy and understanding.
LEGAL CONSULTATION
Schedule your free consultation, where you will benefit from the same experience and expertise of our specialized lawyer trusted by so many.
FLEXIBLE FINANCING
We understand financial concerns are important, which is why we offer flexible financing options with no interest, designed especially for you.
I am Javier Sanz, a family lawyer specialized in Contested Divorces
I know you have many options when seeking legal help, but I want you to be so satisfied with our work that you always count on our firm to defend your personal rights.
WE HAVE THE ABILITY TO EMPATHIZE WITH YOUR PERSONAL SITUATION, QUICKLY BECOMING YOUR TRUSTED LAW FIRM.
This is why so many clients always rely on our firm to handle their family matters.
Our Commitment
The quality service we guarantee for contested divorces
RESPONSIVE SERVICE
During office hours, we guarantee immediate response to your call.
Outside these hours, your message remains our priority, and we commit to responding within one business day.
Whatever challenge you face, we are here to address it with maximum professionalism and efficiency.
We speak your language, without technicalities or professional jargon, but most importantly, we know how to listen and put ourselves in your shoes.
Monday to Friday, from 9:00 AM to 2:00 PM and 4:30 PM to 8:00 PM.
For urgent situations, we are available 24 hours because we understand some circumstances cannot wait.
Book Your Free Consultation
If you are seeking justice, you are in the right place.
Get advice from committed experts.
+34 637 342 483
hola@abogadoviolenciadegenero.com
WHAT YOU NEED TO KNOW
Who is awarded custody of my children?
How is visitation arranged?
How much is paid for child and/or compensatory support?
Who is awarded the family home?
What do people think of me?
Some reviews from people who have worked with me
Mi exmujer exigía una pensión completamente desproporcionada y una compensación que no solo era injusta, sino también imposible de cubrir con mis ingresos y mi estado de salud. Me sentía desesperado y vulnerable, enfrentando una situación que parecía insuperable.
Desde el momento en que contacté a Javier Sanz, supe que estaba en manos capaces. El equipo no solo mostró una comprensión profunda de mi situación legal y personal, sino que también se comprometió completamente con mi caso, manejándolo con una habilidad y sensibilidad excepcionales. Su orientación experta fue crucial para que la jueza entendiera la realidad de mi situación financiera y de salud.
Finalmente, la jueza estableció una pensión de 750 euros por mis dos hijos y rechazó cualquier pensión compensatoria o indemnización para mi ex-esposa, reconociendo mi condición y las demandas excesivas que se me imponían.
Aunque se concedió la custodia a mi exmujer debido a mi estado de salud, el tribunal me ofreció la posibilidad de solicitar la custodia compartida tan pronto como mi salud mejore, lo cual fue un gran alivio.
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What does the procedure involve?
In the absence of agreement between spouses, a contested divorce procedure must be initiated through a claim filed by one of the parties.
CLAIM
The claim is filed by one of the spouses, represented by a court procurator and assisted by a lawyer.
NO REGULATORY AGREEMENT IS ATTACHED, BUT THE CLAIM MUST SPECIFY THE REQUESTED MEASURES REGARDING CHILD CUSTODY, VISITATION RIGHTS, CHILD AND/OR COMPENSATORY SUPPORT, AND ASSIGNMENT OF THE FAMILY HOME.
The other spouse has 20 days to respond to the claim and must also have a lawyer and procurator.
Once the claim is answered, the parties are summoned to a hearing or oral trial where evidence will be presented to demonstrate the appropriateness of the requested measures. These measures will be reviewed by the Judge and Prosecutor in cases involving minor children.
DISPUTES
If there is disagreement regarding child custody, the fundamental evidence will be the forensic psychological report assigned by the court.
WHOEVER REQUESTS THE REPORT PAYS FOR IT, COSTING AROUND 1,300 EUROS AND IT USUALLY TAKES ABOUT A YEAR TO COMPLETE.
This report delays the process, so it is often best to request provisional measures to regulate family relations while the main litigation is resolved.
JUDGMENT
Once the trial is held, the Judge will issue a ruling establishing the measures that will govern parental relations.
APPEAL
The ruling may be appealed within 20 days before the Provincial Court.
Book Your Free Consultation
If you are seeking justice, you are in the right place.
Get advice from committed experts.
+34 637 342 483
hola@abogadoviolenciadegenero.com
Surely you still have questions
I have prepared a list of some of the most frequently asked questions, but if you still have doubts, write to hola@abogadoviolenciadegenero.com and we will help you.
Both involve legal and financial consequences, but the fundamental difference is that divorce dissolves the marital bond.
That is, the couple is no longer married, although all legal effects remain. For example:
• Legally separated individuals cannot remarry new partners.
• Divorce also dissolves the marital property regime and prevents the divorced spouse from inheritance rights, although compensatory support may still apply.
According to current law, it may be requested three months after marriage.
Exception: when there is proven risk to life, physical integrity, freedom, moral integrity, or sexual freedom and indemnity of the filing spouse, children, or any family member.
A claim is filed before the territorially competent court of first instance. Several scenarios may apply:
• If the spouses reside in different places, jurisdiction may be the marital residence or the defendant’s residence, at the claimant’s choice.
• If the defendant has no fixed residence, jurisdiction may be where they are located or their last residence, at the claimant’s choice.
• Otherwise, jurisdiction belongs to the claimant’s residence.
This depends on the evidence presented (documents, testimony, expert reports…) and the court’s speed.
It also depends on the court’s workload, but approximately it usually takes about one year to resolve these matters.
The Civil Code establishes that it may be requested by one of the spouses, without the knowledge of the other.
The following documentation will be required:
• Marriage certificate from the Civil Registry
• Birth certificates of children (if applicable)
• Regulatory agreement
• Certificate of residence registration
• All documentation necessary to prove your claim
• In cases involving financial matters, all documentation proving the spouses’ and children’s economic circumstances (tax returns, payslips, bank certificates, property titles, or registry certificates)
Yes. First, the ruling from the Court of First Instance may be appealed before the Provincial Court.
Secondly, if there is a substantial change in the conditions existing at the time of the ruling, modification may be requested.
Previously approved measures may also be modified by mutual agreement or through contested proceedings.
Yes, the first consultation is always free provided it does not include document examination.
It is normal to have doubts about what legally belongs to you, but when your lawyer specializes in a legal field, they possess deep knowledge of the case law issued by judges in that jurisdiction.
This gives specialists a competitive advantage that we know how to use to structure claims and win cases.
No. It is sufficient to have filed a separation or divorce claim and have it admitted for processing in order to begin the liquidation proceedings of the marital property regime (whether contested or by mutual agreement), in accordance with the provisions of Article 808 of the Civil Procedure Act.
Decisions affecting minor children must regulate: parental authority, custody arrangements (shared or sole), visitation schedules, vacations, communications, stays, child support, division of extraordinary expenses, and assignment of the family home.
Parental authority is the set of obligations and rights the law grants parents regarding significant decisions in the lives of their unemancipated minor children, always exercised for their benefit.
Parental authority is always shared unless judicial resolution determines otherwise to protect the children.
Examples include:
• Choosing the school
• Deciding on psychological or medical treatment
• Determining autonomous community of residence
• Deciding on religious sacraments
• Authorizing international travel
In short, any significant decision affecting the child’s life.
Custody regulates the child’s residence and communication with parents and may be sole or shared. It is completely independent from parental authority. This modality concerns ordinary daily decisions regarding the child.
To determine the amount, specific circumstances of each case must be considered, including the payer’s financial capacity and the recipient’s needs. Child support may increase or decrease if unforeseen, lasting circumstances significantly alter the economic situation.
Visitation rights are a legal agreement established between parents after separation or divorce. They determine when and how the non-custodial parent may see their child. The goal is to protect the child’s best interests and preserve relationships with both parents.
Compensatory support is a legal family law mechanism designed to balance financial inequalities resulting from divorce or separation.
OBJECTIVE
Its primary objective is to ensure the financially disadvantaged spouse can maintain a standard of living similar to that enjoyed during marriage while achieving independence.
CRITERIA FOR GRANTING
• Length of marriage
• Age and health of spouses
• Professional and economic capacity
• Contributions to family life
DURATION
May be temporary or indefinite depending on case circumstances.
MODIFICATION AND TERMINATION
May be revised if economic circumstances change or extinguished if the beneficiary remarries.
LEGAL PROCESS
A judicial process is generally required for establishment, modification, or termination.
The assignment of the family home in a divorce or separation process is an important decision made by considering several key factors to guarantee the well-being of the most vulnerable parties, especially children. Here I explain how this decision is made and under what criteria:
Determinative Factors
- Presence of Minor Children: The most determining factor in assigning the family home is the custody of minor children. Generally, use of the home is granted to the parent who is awarded custody of the children, with the aim of providing stability and continuity in their living environment.
- Economic Situation of the Spouses: The financial capacity of each spouse to secure alternative housing is taken into account. If one spouse does not have sufficient means to find a new home, this factor may influence the decision.
- Property Ownership: Ownership of the property may also be relevant, especially if the property belonged to one of the spouses before marriage or was inherited or received as a gift.
- Contributions to the Home: In some cases, consideration is given to who has contributed more to the maintenance or payment of the home, although this factor usually carries less weight than the previous ones.
Judicial Process
The assignment of the family home is determined during the divorce or separation process through a judicial ruling. The judge analyzes all the factors mentioned and makes a decision based on the best interests of the children and the circumstances of the spouses.
Temporary or Permanent Nature
• Temporary: The assignment may be temporary, depending on circumstances such as the age of the children or one spouse’s need for time to adapt to their new financial situation.
• Permanent: It may be permanent depending on property ownership and the agreements reached by the spouses, or as a result of a judicial decision during the divorce process.
Special Situations
In cases without children or where the children are already independent, the decision becomes more complex and will depend more heavily on other factors such as prenuptial agreements, the spouses’ financial situation, and contributions to the home during the marriage.
The assignment of the family home is therefore a complex matter that seeks to balance the emotional and economic needs of the children and spouses, ensuring the fairest and most appropriate measure for all parties involved.
To establish a shared custody arrangement, it is necessary to determine how childcare responsibilities and the daily care of the children will be divided, as well as define possible rotation schedules and cohabitation periods between the parents. In addition, the children’s official residence registration must also be considered in this situation.
Division of Childcare and Daily Care Responsibilities
In shared custody, both parents share the responsibility of raising their children equitably. This means dividing time and tasks related to the children’s daily care in a similar manner. Both parents must actively participate in aspects such as nutrition, hygiene, emotional support, and the children’s education.
Possible Rotations and Cohabitation Periods
To establish shared custody, it is common to create a rotation schedule for periods of cohabitation between the parents. This may be weekly or biweekly, depending on the specific circumstances and the agreement reached by both parties or determined by the judge. During these periods, the children live alternately with each parent, thus guaranteeing a close relationship and proper development with both parents.
Children’s Official Residence Registration
Regarding children’s residence registration in cases of shared custody, it is generally agreed or established that they will be registered at the residence of one of the parents. This decision is made by considering factors such as the family home or the child’s connection to their school. However, it is important to note that this aspect may vary depending on what the parents agree upon or what is established by the judge in each specific case.
Formally Proven Change by the Requesting Party
Any change in circumstances must be sufficiently proven by the party requesting the modification of the established measures.
It is normal to have doubts about what legally belongs to you, but when your lawyer specializes in a specific area of law, they possess in-depth knowledge of the rulings issued by judges within that jurisdiction.
This gives us, as specialists, a competitive advantage that we know how to leverage in order to structure the claim effectively and achieve successful outcomes in court.