A. The law in Spain requires, in order to get divorced in Spain, that one
of the following requisites is complied with:
- That both spouses has residency in Spain. Please note that the law, or rather the jurisprudence, does not identify residency as legal
residency (with the ´tarjeta de residencia´), but residency as being
Spain the only and real domicile.
- That both spouses are Spanish, wherever they are located.
- That the plaintiff is Spanish y residence in Spain (not applicable since recent law modifications).
- That the defendant, regardless of his nationality, has residency in Spain.
Your case should fall, if you are not Spanish, necessarily either in
point 1 or 4. In those cases you would be able to file for divorce in Spain.
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