If you are a Spanish resident you can get divorced in Spain even if you were not married here. (See Article 107 of the Spanish civil code. A British law firm, Manches LLP, has an English translation on their website).
A petition for divorce by mutual agreement (mutuo acuerdo) is accompanied by a proposal (convenio regulador) which sets out who will take care of the children and when (guarda y custodia), how their expenses will be covered (pensión alimenticia), which spouse will have use of the family home and how assets will be divided. All of these issues can be resolved via mediation.
Divorcio contencioso: If a couple cannot agree to divorce or cannot agree on the terms of their divorce, one party files a demanda and the judge will make the decisions regarding guarda y custodia and pensión alimenticia, where applicable.
You only need to be married three months before you can petition for divorce.
A contentious (contencioso) divorce will take at least 6 months to settle. It will also cost more than an amicable (amistoso) divorce.
Where children are involved, the agreement must be approved not only by the judge but also by the fiscal, who watches out for the welfare of the children. It is possible for parents to fashion an agreement that is not acceptable to the fiscal. For example, parents may arrange for their child to move between their homes more frequently than the fiscal thinks is reasonable. When this happens, the agreement will need to be modified in order to be approved by the court.
