Contested Divorce in Barcelona: Requirements and Procedure

Unlike a mutual agreement divorce or «express divorce,» a contested divorce (divorcio contencioso) is the judicial procedure required to dissolve a marriage when spouses cannot reach a consensus. In Catalonia, this process is regulated by state legislation (the Civil Procedure Act) and the Catalan Civil Code regarding family matters. In 2026, it remains the necessary path for marital separations where an amicable resolution is not possible.

In this article, I explain the requirements, the procedure, and the costs of a contested divorce in Catalonia in 2026.

1. Requirements for a Contested Divorce

To initiate a contested divorce in Catalonia in 2026, the following requirements must be met:

• Time frame: At least three months must have elapsed since the marriage took place (except in exceptional cases involving a risk to one of the spouses or the children).
• Unilateral decision: At least one of the spouses must have the intention to divorce. It is not necessary to prove any specific cause or fault, nor is the consent of the other spouse required.
• Lack of agreement: There must be an absence of agreement between the parties regarding the measures of the divorce (child custody, child support/alimony, use of the family home, division of assets, etc.).
• Separate legal representation: Each spouse must be represented by their own attorney (abogado) and court representative (procurador). This differs from a mutual agreement divorce, where both parties can share these professionals.

2. The Contested Divorce Procedure

A contested divorce is processed entirely before a Family Court through a judicial proceeding consisting of several main stages:

• Filing the Lawsuit (Demanda de divorcio): One of the spouses, through their attorney and court representative, files a petition requesting the divorce and proposing the desired measures regarding children, housing, financial support, and asset division.
• Defendant’s Response (Contestación a la demanda): The other spouse is notified and has a legal term of 20 working days to respond. In their response, they may agree with the requests or oppose them and present their own proposals regarding child custody, visitation rights, financial support, and the use of the family home, among other matters.
• Evidence Phase and Hearing (Fase de pruebas y vista): If the disagreement persists, an evidence phase is opened where each party presents the proof backing their claims (documents, reports, testimonies). Subsequently, a hearing or trial is held before the judge, where both parties present their case with the assistance of their respective attorneys.
• Final Judgment (Sentencia final): Following the trial, the judge issues a ruling that legally dissolves the marriage and establishes the final measures (child custody, visitation rights, child/spousal support, use of the family home, liquidation of assets, etc.). This judgment legally severs the marital bond and sets the binding conditions that both parties must fulfill.

Important considerations during the process: During the proceedings, it is possible to request interim measures (medidas provisionales) to resolve urgent matters—such as temporarily establishing child support or custody—until the final judgment is issued. Furthermore, if there are minor children or dependent persons involved, the Public Prosecutor’s Office (Ministerio Fiscal) intervenes in the proceedings to ensure their well-being and guarantee that the adopted measures protect their best interests.

3. Key Characteristics of a Contested Divorce

The main features of a contested divorce include:

• Longer duration: A contested divorce usually takes several months to resolve (typically between six months and a year, depending on the court’s workload), whereas a mutual agreement divorce can be finalized in a few weeks.
• Higher costs: Because the process involves more legal steps and requires each party to hire their own attorney and court representative, a contested divorce incurs higher legal expenses for both spouses compared to an amicable divorce.
• Greater emotional toll: The conflict and extended duration of the process can generate more stress and emotional exhaustion for the couple and their children, as the tension is prolonged.
• Less control over the outcome: Without a mutual agreement, the final conditions are decided by the judge in the ruling. This means neither party has full control over the imposed measures, which may not completely satisfy either spouse.

Conclusion

A contested divorce in Catalonia in 2026 is the judicial pathway to dissolve a marriage when there is no mutual agreement. Although it is slower and more costly than a mutual agreement divorce, it guarantees the legal dissolution of the marital bond while protecting the rights of both parties. The outcome relies heavily on the strength of the evidence and arguments presented before the judge, as well as the quality of the legal advice backing each party’s interests.