Divorce and Family Law in Alcoy: Courts and Procedures
In Alcoy, family law matters such as divorce, custody, and child support are handled by the Courts of First Instance and Instruction, located at Plaza Mare de Deu, 2, 03801 Alcoy. This courthouse centralizes the management of civil proceedings, including family matters, for the municipality and the surrounding judicial district. The Civil Registry, where marriages are registered and family certificates are processed, is also located at this address. To carry out procedures or make inquiries, you can book an appointment through the official channels of the Ministry of Justice or the Generalitat Valenciana.
Peculiarities of the Alcoy Judicial District
The Alcoy judicial district covers not only the city but also nearby municipalities such as Agres, Alcoleja, Alfafara, Banyeres de Mariola, Beniarrés, and others. This means that, even if you live in a neighboring town, your case will be processed in the courts at Plaza Mare de Deu. Family law matters are assigned to the civil courts according to the official rotation schedule.
Key Legal Aspects: Types of Divorce, Deadlines, and Costs
Mutual Agreement vs. Contentious Divorce
In Alcoy, as throughout Spain, there are two main types of divorce:
- Mutual agreement divorce: Both parties agree on issues such as child custody, support, use of the family home, and asset division. The agreement is set out in a regulatory agreement, which must be ratified by the court. This process is faster and less expensive.
- Contentious divorce: If there is no agreement, each party presents their case and the judge decides on custody, support, and other issues. This process is longer and generally more costly.
Typical Timelines in Alcoy
In practice, the average timeframe in Alcoy for a mutual agreement divorce is usually 2 to 3 months from filing to judgment. For contentious divorces, the process can take from 6 to 12 months, depending on the court's workload and the complexity of the case.
Estimated Average Cost
The cost of a mutual agreement divorce in Alcoy typically ranges from 500 to 1,000 euros for both spouses (when sharing a lawyer), including the drafting of the regulatory agreement and court proceedings. For contentious divorces, each party must have their own lawyer and solicitor, so the costs can exceed 2,000 euros per person, depending on complexity and need for expert evidence.
Contents of the Regulatory Agreement
The regulatory agreement must include at least the following aspects:
- Custody of minor children
- Visitation and communication arrangements
- Child support and, if applicable, spousal support
- Use of the family home
- Division of marital assets and liabilities
Child Support and Custody: Criteria and Figures in Alcoy
Criteria for Child Support
Child support for minors is calculated in accordance with Article 146 of the Spanish Civil Code: proportionality between the economic resources of the paying parent and the needs of the children. Courts in Alcoy follow national criteria, taking into account:
- Income of both parents
- Ordinary and extraordinary expenses of the children (education, health, leisure, housing)
- Special circumstances of the child (disability, special needs)
The average child support in Spain ranges from 150 to 400 euros per child, although the exact amount depends on each case and the family's previous standard of living.
Custody: Shared vs. Sole
In the Valencian Community, shared custody is increasingly common, provided it is in the best interest of the child. The Supreme Court has stated that, unless there are exceptional circumstances (violence, lack of cooperation, significant geographical distance), shared custody should be considered a preferred option. In Alcoy, courts assess:
- Both parents' ability to care for the children
- Availability and logistical arrangements
- Previous relationship with the minors
- Reports from the Public Prosecutor and, if applicable, the psychosocial team
In cases of sole custody, the standard visitation arrangement is alternate weekends, half of holidays, and one afternoon during the week.
Why Choose Our Firm in Alcoy
Our firm prioritizes mediation and out-of-court negotiation as primary tools for resolving family disputes, seeking stable agreements to avoid litigation whenever possible and safe for all parties. In complex cases, we collaborate with independent medical experts to assess parental capacity or special needs of minors.
We offer in-person consultations in Alcoy as well as online appointments to suit your needs and availability. The no-obligation initial consultation allows you to understand your rights and obligations before making important family decisions.
Contact a Family Lawyer in Alcoy
For any family law matter, divorce, custody, or support, you can visit our office, where we will guide you with thoroughness and empathy, tailored to the realities of Alcoy's courts and applicable law.
