If a couple is determined to forward with this steep, the better is they to proceed with the advice of a professional since it will allow to balance the maximum, and protect the interes of the children.

    Until 2001 in Spain the judicial separation was compulsory as step before the divorce, except that there was a cessation of conviviality of over three years. Nowadays it is possible to aply directly for the divorce, without need of previous steps, though the judicial separation continues existing for those pairs who need a period of reflection before taking such an important decision.

    The case of the emigrants is more complex since there has to be analyzed which is the applicable legislation -that of his nationality or the Spanish-, if it is or not the spanish Court competent, and other steeps as legalize the certificates of marriage and birth with the Hague Apostille, etc. A whole of questions that have to be solved to take successfully the procedure.