The 3 biggest fears of divorce What should you delete from your head today
1. The false «Desertion of Home»: Many people put up with unbearable situations under the same roof for fear that, if they leave, they will be reported for desertion of the home. We want to give you peace of mind: leaving your home because cohabitation is unlivable is NOT a crime. The crime of family abandonment only occurs when you stop providing financial assistance or care to your children. If you leave home but continue to fulfil your duties, there is no crime. There is only one step towards your freedom.
2. Shared custody as punishment: There is a myth that shared custody is difficult to obtain if the other party is unwilling. The reality in the courts of Seville is different: the Supreme Court already considers it the general and desirable norm. It is not a prize for fathers or a punishment for mothers; it is the right of children to continue having both parents present. You do not need your ex's permission for a judge to grant it if it is in the best interests of the children.
«I'm going to be ruined»: The fear of economic precarity is legitimate, but the law provides mechanisms to prevent this from happening arbitrarily. The calculation of child maintenance is not an invention; it's based on objective tables and each person's real capacity. Furthermore, the division of marital assets aims for both of you to start from scratch in the most balanced way possible, always protecting the interests of the person in a worse situation.
How we workFrom crisis to your new life
Every divorce has its own pace and its own needs. That's why, at our Seville firm, we draw up a clear methodology so that you know at all times what stage of your process you are in and what you can expect in the coming months.
- Smart route (Mutual agreement) Whenever possible, this is our recommendation. We draft a bespoke regulatory agreement, sitting down to negotiate each clause with respect and pragmatism. The best thing about this approach is that you don't have to see your ex-partner if you don't want to; we act as the go-between. This process can be signed before a Notary (if there are no minor children) or in court in record time, saving months of waiting and a great deal of money and emotional strain.
- Contentious route (Protection against unreasonableness): If dialogue is impossible because the other party is being completely uncooperative, we don't waste time. We forcefully present a Contested Divorce Petition. In these cases, we usually request urgent «Interim Measures». This allows a judge to provisionally decide, in a matter of weeks, who stays in the property, the visitation schedule, and the initial alimony, so that you don't live in legal limbo while awaiting the final trial.
- Settlement of the estate and matrimonial assets This is the time to divide assets. We will analyse the family home, the mortgage, savings accumulated during the marriage, and outstanding debts. Our job is to create an accurate inventory so that the division is fair and you do not face any unpleasant surprises in the future. We want you to move on from this stage with your financial stability protected, ready to start your new life.
Case studies of successful families in Seville
Over the years, we've seen people arrive at our firm shattered and without hope go on to successfully rebuild their lives. Here are three examples of how a strong legal strategy can change everything:
Shared custody granted
The problem: A father came to us because his ex-partner was threatening him, saying «the children will only see their father on alternate weekends» because she had always taken on more of the household responsibilities. He was devastated, thinking he would lose his bond with his children.
Our strategy: We present evidence of your real involvement: receipts for extracurricular activities, teacher testimonials, and a detailed work organisation plan.
The result: The Seville Family Court granted shared custody on an alternating week basis, considering that the children's right to be with their father is sacred.
The Hidden Money Behind the Break-up
The problem: A woman suspected her husband was diverting funds from their joint account to family members« accounts just before asking him for a divorce, in order to claim there was »no money" to divide as marital assets.
Our strategy: We have initiated an exhaustive asset investigation and are requesting judicial assistance to trace bank movements over the last two years.
The result: We managed to declare over 50,000 euros that had been hidden, which were incorporated into the joint marital property, achieving a fair settlement for her.
Express divorce in 3 weeks
The problem: A young couple without children decided their relationship wasn't working. Both wanted to end things amicably and quickly so as not to prolong the suffering, but they didn't know where to start.
Our strategy: We handle Express Notarial Divorce. We draft the agreement in 48 hours and arrange the appointment at the Seville notary.
The result: In less than a month, they were legally divorced, with minimal cost and maintaining a relationship of mutual respect.
Joint divorce versus. Contentious divorce
It is fundamental that you understand the real differences between both paths. Although we will always attempt the path of agreement, the final choice usually depends on the attitude of both parties.
| Concept | Mutual Agreement (Express) | Contested divorce |
|---|---|---|
| Resolution time | Between 1 and 2 months (or days at the notary's office). | From 8 to 12 months (depending on the court). |
| Economic cost | More economical (lawyer is shared). | More expensive (each pays for their own professionals). |
| Final decision | You take it in the agreement. | A judge who doesn't know you imposes it. |
| Emotional cost | Bass. You close the act with respect. | Very high. Constant wear and tear. |

