Local reference: Family courts in Rivas-Vaciamadrid and specific features of the judicial district
In Rivas-Vaciamadrid, family law matters such as divorces, child-related measures, or maintenance are initially processed at the Juzgado de Paz de Rivas-Vaciamadrid, located at Avenida José Hierro Nº 36, Edificio Atrio, phone 91 835 09 86. However, jurisdiction over judicial family proceedings (divorces, custody, parental measures) rests with the First Instance and Family Courts of the Arganda del Rey judicial district. This referral is important, as Rivas-Vaciamadrid does not have its own specialized family court and depends on the organization of Arganda del Rey for these cases, according to the territorial scope established (source: General Council of the Judiciary).
The Juzgado de Paz of Rivas-Vaciamadrid also acts as the Civil Registry Office for registrations and certificates of birth, marriage, or death, which facilitates some preliminary or subsequent family law procedures. Usual opening hours are Monday to Friday, 09:00 to 14:00.
Types of divorce: mutual agreement and contentious, timelines and costs
There are two main ways to process a divorce:
- Mutual agreement divorce: both parties agree on the terms (maintenance, custody, asset distribution). It is formalized through a signed regulatory agreement presented to the court. The average processing time, from filing the petition, is typically 2 to 3 months, depending on the court's workload.
- Contentious divorce: when no agreement is reached, each party submits their claims and the judge decides on custody, maintenance, or use of the family home. This process is longer, averaging 6 to 12 months, although this may vary according to complexity and the schedule of the Arganda del Rey courts.
Indicative cost: Mutual agreement divorces usually involve lower fees as both parties can share a lawyer and court representative, while contentious divorces require separate legal representation, increasing costs. Fees may vary depending on the case's complexity, but typically start from €900–1,200 for mutual agreement and €1,500–3,000 for contentious cases, plus associated fees and expenses.
The regulatory agreement is crucial in mutual agreement divorces and must include at least:
- Custody of minor children
- Visitation and communication schedule
- Child maintenance and, if applicable, spousal maintenance
- Assignment of use of the family home
- Division of joint assets, if applicable
Maintenance and custody: criteria and standard figures
Child maintenance is determined by Article 146 of the Civil Code and must be proportional to both parents' resources and the children's needs. There is no fixed amount, but the average maintenance in Spain ranges from €150 to €400 per child per month, according to judicial statistics and the guidelines used by Madrid courts.
As for custody, courts assess the child's best interests, parents' availability, employment situation, and proximity of residences. In the Community of Madrid, joint custody is increasingly common, although sole custody is still granted when deemed more beneficial for the child. The standard visitation schedule in sole custody arrangements usually includes alternate weekends and one or two afternoons per week, as well as splitting school holidays.
Why choose our firm in Rivas-Vaciamadrid
Our firm offers a comprehensive approach to resolving family disputes in Rivas-Vaciamadrid, prioritizing mediation and out-of-court negotiation to avoid lengthy and costly proceedings. If court action in Arganda del Rey is necessary, we handle the entire process, from drafting the regulatory agreement to representation in court.
We provide in-person services in Rivas-Vaciamadrid as well as online consultations and case tracking, adapting to each client's needs. In the no-obligation initial consultation, we assess your case's viability and explain the next steps with complete transparency.
