Domínguez Lobato Abogados Bufete de abogados en Jerez de la Frontera, Sanlúcar de Barrameda y Madrid
Divorce, property and children for foreigners and US military families — Rota · Jerez · Sanlúcar
If you are going through a divorce or separation in Spain and Spanish is not your first language, two systems apply to you at once: Spain’s and your own. You need a lawyer who can explain, in plain English, how they fit together, and then argue your case in a Spanish courtroom.
At Domínguez Lobato Abogados we advise foreign nationals living in Spain, especially American service members and their families at Naval Station Rota, as well as British and other English-speaking residents along the Cádiz coast. We handle divorce, the division of property, and arrangements for children, from our offices in Jerez de la Frontera, Sanlúcar de Barrameda and Madrid.
Can I get divorced in Spain if I am not Spanish?
Usually, yes. Under European rules (Regulation (EU) 2019/1111), the Spanish courts can hear a divorce when the spouses live in Spain, and in several other situations based on habitual residence or nationality. Being posted to Spain, rather than having chosen to live here, does not automatically prevent it, but it is one of the first things we check.
Spanish divorce is no-fault. Either spouse can ask for it three months after the wedding, without giving any reason, and the other spouse cannot block it by refusing. If you agree on everything and have no minor children, the divorce can even be signed before a Spanish notary, which is quicker and cheaper than going to court.
For members of the US forces and their dependants, status under the Spain–US Agreement on Defense Cooperation can affect certain procedural steps. We review it case by case.
Which law decides how our property is divided?
This is where foreign couples are most often surprised. Being divorced in Spain does not necessarily mean Spanish property rules apply.
- Married on or after 29 January 2019. EU Regulation 2016/1103 applies. Unless you chose a law in writing, your property regime is governed by the law of the country where you first set up your common home after the wedding. For a couple who married in Texas and lived there before being posted to Rota, that may be Texas law, not Spanish law.
- Married before that date. Spanish conflict-of-law rules apply, which look mainly at the spouses’ nationality and first common residence.
The difference matters. Spain’s default regime for its own citizens, the sociedad de gananciales, is a form of community property. Many US states apply «equitable distribution» instead, and some couples have a prenuptial agreement that must be recognized here. We identify the applicable law before any figures are discussed.
What about my military retirement pay?
A US military pension is governed by US federal law, the Uniformed Services Former Spouses’ Protection Act (USFSPA). Two points are worth knowing from the start:
- Direct payment of a share of retired pay to a former spouse by the US government requires, among other conditions, at least ten years of marriage overlapping with ten years of creditable service.
- A Spanish divorce decree is not automatically accepted for direct payment. Dividing retired pay often requires coordination with a court or attorney in the United States.
We plan the Spanish divorce with this in mind, so that the settlement can actually be enforced where the money is paid.
What happens to the children when we are reassigned?
A Permanent Change of Station (PCS) is often the moment a family dispute begins. Under Spanish law, moving a child’s habitual residence out of Spain requires the consent of both parents or the authorization of a court. Spain and the United States are both parties to the 1980 Hague Convention on International Child Abduction, so taking a child abroad without that consent or authorization can lead to an order to return the child.
If a move is coming, the time to agree on custody, visitation and travel costs is before the orders arrive. We help you reach an agreement, or ask the court to decide, so that the move is lawful and the arrangement works across the Atlantic.
Will my Spanish divorce be recognized back home?
In general, US states recognize foreign divorces granted by a court with proper jurisdiction when both spouses had the chance to take part. We make sure the Spanish proceedings are built so that the decree will stand up when you present it in the United States or the United Kingdom. That includes proper service of documents, certified translations and the apostille.
How we work
- In English, from the first meeting. Court proceedings in Spain are conducted in Spanish. We explain every step to you in English and arrange sworn translations where needed.
- A fixed written quote. You will know the cost of each stage before it begins.
- A first feasibility assessment at no cost and without obligation. Tell us briefly about your situation and we will tell you where you stand and what the options are.
- Close to Rota. Our offices in Jerez and Sanlúcar are a short drive from the base, and we can also meet by videoconference.
If you are stationed at Rota, the base’s Legal Assistance Office can give you general guidance. Representation before the Spanish courts, however, requires a Spanish lawyer. That is what we do.
We recommend that you contact us. Email us or write to us on WhatsApp at +34 625 19 10 19. Fixed written quote and a first feasibility assessment at no cost and without obligation.
📍 Domínguez Lobato Abogados — calle Porvera, 6, 2.ª planta, 11403 Jerez de la Frontera, Spain (view on Google Maps).