Divorces and Family Law Proceedings in Viladecans: What You Need to Know
In Viladecans, family law matters such as divorces, custody, and child support are initially processed at the Juzgado de Paz de Viladecans (Peace Court), located at Carrer de la Muntanya, 16, 08840 Viladecans (phone: 93 658 12 84; hours: Monday to Friday, 9:00 am to 2:00 pm). However, judicial family proceedings (divorces, parental measures, etc.) requiring a judge are handled by the Courts of First Instance and Instruction in Gavà, located at Avinguda Diagonal 1 and Plaça Batista i Roca s/n (08850 Gavà), as Viladecans belongs to this judicial district.
Specifics of the Viladecans Judicial District
The Gavà judicial district groups several municipalities in Baix Llobregat, including Viladecans. This means that for contentious proceedings (such as contested divorces or modification of measures), the claim must be filed in Gavà. The Viladecans Peace Court handles civil registry matters (births, marriages, deaths), but family litigation is referred to Gavà.
Legal Highlights: Types of Divorce, Timeframes, and Costs
Mutual Consent and Contested Divorce
Mutual consent divorce is the fastest and least expensive procedure. It can be processed before a notary (if there are no minor children) or in court (if there are minor or dependent children). In this case, both spouses jointly file the petition and the regulatory agreement. The process usually takes 2 to 3 months from filing in the Gavà courts.
Contested divorce occurs when there is no agreement on the separation or on issues such as children, housing, or support. The process requires judicial intervention and can last between 6 and 12 months, depending on the court's workload and the case's complexity.
Indicative Average Cost and What the Regulatory Agreement Includes
The cost of a divorce procedure in Viladecans varies depending on the type:
- Mutual consent: Ranges from 700 to 1,200 euros (approx.), including lawyer and court representative. If there are minor children, a regulatory agreement is mandatory, covering custody, use of the family home, child support, and visitation arrangements.
- Contested: The cost is usually higher, between 1,500 and 3,000 euros, depending on complexity, need for expert reports, and process duration.
The regulatory agreement must include at least:
- Custody and visitation arrangements
- Child support and, if applicable, spousal support
- Use of the family home
- Division of common assets
Child Support and Custody in Viladecans: Criteria and Figures
Criteria for Child Support
According to article 146 of the Spanish Civil Code, child support must be set in proportion to the parents' financial resources and the children's needs. In practice, the Gavà courts apply criteria similar to the rest of Barcelona province:
- Average child support in Spain: Between 150 and 400 euros per child, depending on income and family circumstances.
- Support covers food, housing, clothing, education, and ordinary medical care.
Shared and Sole Custody
Catalan courts, including those in Gavà, tend to favor shared custody when there are no circumstances advising against it, especially if both parents live nearby and maintain a cooperative relationship. Sole custody is granted if there is serious conflict, geographical distance, or one parent is deemed unsuitable.
The standard visitation schedule in sole custody cases is alternate weekends and half of school holidays. In shared custody, weekly or similar alternations are common.
Why Choose Our Law Firm in Viladecans
We offer mediation and out-of-court negotiation as the first step to resolve family conflicts, avoiding lengthy and costly proceedings whenever possible. Our services are available both in person in Viladecans and entirely online for your convenience. The initial consultation is offered with no obligation, allowing you to assess your situation and receive legal guidance without any upfront cost. We also work with independent medical experts when required to defend children's interests or assess complex personal situations.
We handle all paperwork before the Viladecans Peace Court and the Gavà Courts of First Instance, ensuring clear and up-to-date communication throughout the process.
