The increase in divorce after the holidays is not a legend. Each year there is a growing number of couples who decide to end their marriage after the holiday period. In Spain, statistically 28% of divorces occur during the third quarter, ie, in the months of July, August and especially September. Spikes are also observed at the end of the Christmas and Easter holidays. Faced with the certainty of the end of marriage, it is fundamental that you legally guide the new situation and acquire the advice of an attorney experienced in family law. Here we will explain what to do if you want to divorce.
The first thing to do is to acquire legal advice from a lawyer, in order not to regret those initial steps into divorce that may sometimes be the result of anger or tension that leads to rupturing the relationship. The fact of doing it soon with the services of a lawyer specialising in Family Law is of vital importance concerning the amount of personal interests and materials that may come into play such as; the existence of children, their support, custody, visitation rights, the common heritage of the spouses, if there is separate property of each spouse, etc.
In order to divorce it is no longer necessary to prove the existence of a legal cause. It is sufficient enough that the marriage has completed a period of three months and that one of the spouses would like to dissolve the conjugal union.
You must bring forth all documentation relating to your marriage and your economic circumstances, starting with the marriage Certificate from the Civil Registry (from the locality where it was held), followed by the Birth Certificates of the children you have, as well as Title Deeds for any property and any marriage debts that you have to third parties.
In the beginning you always have to try to conduct the divorce procedure through mutual agreement. This way, the procedure will be much faster, less traumatic due to not having a hearing in court and it will also be more economical, since both spouses may be represented by one lawyer and prosecutor. If finally there isn´t any possibility of reaching an understanding on issues affecting the divorce, then you will have to go through the ‘via contenciosa’ by filing a divorce against your spouse which will be resolved by a Judge corresponding to your trial.