Question from asd, Can a Spanish Resident Divorce a Non-Resident Spouse in Spain?
Answer from AI:
In general, Spain allows for divorce proceedings to be initiated by a resident, even if the other spouse is not a resident. However, the specifics of your situation, including the fact that you were married online in Utah, United States, may complicate matters.
Spanish Divorce Law
Under Spanish law, a divorce can be filed in Spain if at least one of the spouses is a resident or a Spanish national. This is outlined in Article 22 of the Spanish Civil Code. However, the Spanish courts must be able to exercise jurisdiction over the non-resident spouse, which may require certain conditions to be met.
Recognition of Foreign Marriages
Spain generally recognizes foreign marriages as long as they were conducted according to the laws of the country where they took place. However, an online marriage conducted in Utah may present unique challenges. It’s important to consult with a legal professional to understand if your marriage would be recognized under Spanish law.
Service of Process
In order for a Spanish court to exercise jurisdiction over a non-resident spouse, the non-resident spouse must be properly served with the divorce papers. This can be a complex process, especially when dealing with international borders.
Legal Advice
Given the complexity of your situation, it’s strongly recommended that you consult with a legal professional who is familiar with Spanish divorce law and international family law. They can provide personalized advice based on the specifics of your situation.
Resources
For more information, you may want to consult the following resources:
Remember, this information is intended to provide a general understanding of the law. It’s not intended to provide specific legal advice. Always consult with a legal professional for advice tailored to your situation.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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