Divorce in Spain for American Citizens

Are you an American citizen divorcing while you or your spouse live in Spain, or with a property in Spain? Tomas Ballestero Lawyers handles the Spanish side of divorces by mutual agreement for American couples, from our office in Jávea and our associated office in Dénia, on the Costa Blanca, in English.

We are listed on the U.S. Embassy Madrid’s list of attorneys for the Valencia and Murcia region.

Free guide: Spanish Property for U.S. Citizens — buying, selling, inheriting and gifting a property in Spain.

In Spain Divorcing in Spain as an American

The Spanish courts can hear a divorce on the basis of habitual residence, whatever the nationality of the spouses, for example when both spouses live in Spain. We check jurisdiction first, before any other step.

• The convenio reguladorThe settlement agreement covering the family home, maintenance, the division of assets and, where there are children, the parenting arrangements.
• Divorce before a notaryPossible when both spouses agree and there are no minor children.
• Divorce through the courtWhen there are minor children, the agreed divorce is approved by the court, with the agreement reviewed by the public prosecutor.
• The property in SpainThe change of ownership by notarial deed and its registration at the Land Registry.

Our family practice is limited to divorces by mutual agreement. Questions about the law of your US state, US tax or assets in the United States are for an adviser there. We deal only with the Spanish side.

Already divorced A divorce granted in the United States

A divorce granted in the United States has to be recognised by a Spanish court before it takes effect in Spain, for example to update the Civil Registry, to remarry in Spain or to change the ownership of a property at the Land Registry. The decree needs an apostille and a sworn translation into Spanish. We handle the recognition and the Spanish steps that follow it. See recognition of foreign divorces in Spain.

From the United States Do you have to travel?

Many steps can be done by power of attorney, signed at a Spanish consulate or before a US notary and then apostilled and translated. The consent to the divorce itself has to be given personally, before the Spanish notary or ratified before the court; we tell you how and where this can be done in your case.

Frequently asked questions

We married in the United States. Can we divorce in Spain?

Often, yes, if you live in Spain. We check this first.

What if we cannot agree?

Our family practice is limited to divorces by mutual agreement. Tell us the situation and we will tell you honestly whether an agreement looks possible.

Can each of us have our own lawyer?

Yes. Each spouse can be represented by their own lawyer.

Buying or selling a property in Spain from the United States? See our property lawyers for American clients.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also divorce in Spain by mutual agreement.

Tomas Ballestero Lawyers has advised international clients for more than 30 years.

The lawyers who will handle your divorce

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Selling the family home? See selling a property in Spain as a non-resident.

Related: See our full Spanish divorce and family law service · Divorce Lawyer Spain for American Citizens

How we meet In person in Jávea, or remotely

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

Remotely, from homeMost of the preparation is done by email, phone, WhatsApp and video call. Where Spanish law requires you to confirm the agreement personally, we tell you from the start how and where it can be done in your case.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next step What happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.