Divorces

At Tomas Ballestero Lawyers, we understand the emotional and legal complexities involved in divorces, separations, and family law matters. With over 30 years of experience, we provide expert legal services to protect your rights and ensure a fair outcome. Whether you are a resident of Spain or a foreign citizen with assets or family in the country, we are here to help you navigate the legal process with clarity and confidence.

Our dedicated family law team specializes in all aspects of divorce and family law, from negotiating amicable agreements to representing clients in contentious disputes. Our goal is to achieve the best possible result while minimizing stress for you and your family.

Our Divorce and Family Law Services Include:

1. Mutual Agreement Divorces
   • We facilitate amicable divorces where both parties agree on the terms of separation, ensuring a smooth and cost-effective resolution.
   • Example: A couple with shared assets and children agrees on custody and asset division. We draft the necessary regulatory agreement and submit it to the court for approval, helping the couple avoid a lengthy trial.
2. Contentious Divorces
   • When disputes arise, we represent clients in contentious divorces where there are disagreements over property division, child custody, or financial support.
   • Example: A contentious divorce involving a high net-worth couple where one spouse disputes the valuation of assets and the custody arrangement. Our team negotiates and advocates for a fair distribution of assets and a favorable custody agreement.
3. Express Divorces
   • For couples seeking a quick and efficient resolution, we handle express divorce cases, streamlining the legal process to ensure that the separation is finalized in the shortest time possible.
   • Example: A couple with no children and minimal assets wishes to divorce quickly. We handle all paperwork and court filings, completing the divorce in just a few weeks.
4. Ecclesiastic Nullities
   • We handle ecclesiastic nullity cases in collaboration with the Catholic Church, guiding clients through the process of annulment for those seeking a church-sanctioned declaration of nullity.
   • Example: A couple seeks an annulment from the Church after a brief marriage, citing reasons that meet the requirements for ecclesiastical nullity. We assist them in presenting their case to the appropriate tribunal.
5. Financial and Property Matters
   • We assist with financial claims, including spousal and child maintenance, and ensure that property division is handled fairly and transparently.
   • Example: In a divorce involving international property, we assist in valuing and dividing the assets, including real estate in Spain and other countries, ensuring compliance with both Spanish and international laws.
6. Pension Claims and Compensation for Loss of Family Home
   • We help clients claim or adjust pensions based on the Consumer Prices Index (CPI) and seek compensation when one party loses access to the family home due to the divorce.
   • Example: One spouse loses the right to live in the family home after divorce. We successfully claim compensation to help cover housing costs for the displaced spouse.
7. Child Custody and Visitation Rights
   • We represent parents in determining sole or shared custody arrangements, ensuring that the best interests of the children are prioritized. We also assist in establishing visitation rights for extended family members, such as grandparents or uncles.
   • Example: A dispute arises over shared custody and the visitation schedule for a child. Our team negotiates a mutually agreeable solution that serves the child’s best interests while maintaining a fair balance for both parents.
8. Legal Authorizations for Minors
   • We assist with legal matters involving authorization for travel, school enrollment, or relocation of minors, especially in cases where one parent contests these decisions.
   • Example: A parent wishes to move abroad with the children for work, but the other parent objects. We represent the relocating parent, securing legal authorization for the move while ensuring proper visitation rights for the non-relocating parent.
9. Modification of Existing Agreements
   • We help clients modify existing divorce or separation agreements, such as changes in custody, financial support, or visitation rights, when circumstances change.
   • Example: After several years, one parent’s financial situation changes, necessitating a modification of the child support agreement. We help our client present the case to the court and secure a fair adjustment.
10. Division of Assets and Property

• We assist in the division of assets, including businesses, real estate, and investments, ensuring that both parties receive their fair share.
• Example: A couple owns several properties and a family business. We ensure that the division of assets is done equitably, taking into account the future earnings potential of the business.

1. Appeals and Enforcement of Court Orders

• If a previous ruling is unjust or a party fails to comply with a court order, we provide support for appealing decisions and enforcing judgments.
• Example: After a divorce, one spouse refuses to pay agreed-upon child support. We take legal action to enforce the court’s ruling and secure the funds owed to our client.

Criminal Aspects of Family Law:

In addition to civil family law matters, we provide legal representation in criminal cases related to the family, including:

• Domestic Violence: We represent clients facing accusations of domestic violence, ensuring a fair trial and protecting their legal rights.
• Family Abandonment and Failure to Pay Pensions: We represent individuals accused of abandoning their family responsibilities or failing to make required pension payments.
• International Child Abduction: We represent clients in cases involving the international abduction of minors, ensuring that the child’s safety and legal rights are prioritized.