Family Courts in Badajoz: Local Reference and Procedural Specifics
In Badajoz, family law matters such as divorce, parental responsibility, or maintenance claims are handled by the First Instance Courts, which cover civil and family law. According to the official directory of the General Council of the Judiciary, the Civil Section of the Badajoz Court of Instance is located at Calle José Caldito Ruiz, 2, 06008 Badajoz. Additionally, the Badajoz Civil Registry, at Avenida de Colón, 8, centralizes procedures related to births, marriages, and guardianships.
The Badajoz judicial district serves a significant population, including the capital and nearby towns. This concentration of responsibilities means that decisions regarding divorce, custody, and maintenance are adapted to the local social and economic context, potentially affecting both timelines and the application of case law criteria.
Types of Divorce: Mutual Agreement and Contentious
In Badajoz, as in the rest of Spain, there are two main types of divorce:
- Mutual agreement divorce: This is the fastest and least expensive procedure. The usual timeframe for obtaining a judgment is between 2 and 3 months from submission of the petition and the settlement agreement. The settlement must address matters such as custody, maintenance, use of the family home, and visitation. This type of divorce can be processed judicially or before a notary if there are no minor or dependent children.
- Contentious divorce: Initiated when there is no agreement between the parties. The process is more complex and usually lasts between 6 and 12 months, depending on the court's workload and the need for evidence (psychosocial reports, witnesses, etc.).
The average cost of a divorce in Badajoz varies depending on complexity and whether it is processed by mutual agreement (usually between 600 and 1,200 euros for both spouses) or contentiously (typically from 1,200 euros per party). These amounts include drafting the petition or response, legal representation at hearings, and preparation of the settlement agreement, but do not include expert witness fees if needed.
Settlement Agreement: Essential Elements
The settlement agreement is mandatory in mutual agreement divorce proceedings and may also be proposed in contentious cases. It must include at least the following, in accordance with Article 90 of the Civil Code:
- Custody and parental authority over minor children
- Visitation, communication, and stays with the non-custodial parent and grandparents
- Use of the family home
- Child maintenance and, if applicable, spousal support
- Division of shared assets and obligations
Maintenance and Custody: Criteria and Real Figures
Child maintenance is set according to the proportion of each parent's income and the children's actual needs. In Badajoz, the courts apply the general criteria of the Civil Code and the guidelines of the General Council of the Judiciary. The average child maintenance in Spain is between 150 and 400 euros per child, although the final amount depends on specific circumstances such as the number of children, extraordinary expenses (educational, medical), and the standard of living during cohabitation.
Regarding custody, current case law favors shared custody unless there are circumstances against it (geographical distance, serious parental conflict, incompatible schedules). However, sole custody is still common when one parent demonstrates greater availability or stability. The most common visitation arrangement in Badajoz includes alternate weekends and half of vacation periods, although it can be adapted according to the children's age and the parents' availability.
Why Choose This Firm in Badajoz
Our firm, based in Badajoz, approaches family law proceedings with up-to-date legal expertise. We prioritize mediation and out-of-court negotiation to reach satisfactory agreements and avoid unnecessary litigation. We offer face-to-face and online consultation, serving those living in Badajoz or within the judicial district. You can access a no-obligation initial consultation to assess your situation and plan the next steps.
We collaborate with independent medical and psychological experts when objective reports are needed in custody or modification proceedings. Our team assists you in proceedings before the Badajoz First Instance Courts and the Civil Registry, ensuring that all documents and agreements comply with current legal and case law requirements.
