how to hire spanish divorce lawyer

by Ms. Katelyn Hintz 6 min read

Why hire a Spanish-speaking lawyer?

For individuals and groups who speak English as a second language, Spanish-speaking lawyers are essential for representation in legal matters. In court proceedings, those who cannot understand English are entitled to receive the services of a translator or interpreter.

Do both parties have to apply for a divorce in Spain?

In Spain it is not necessary for both parties to apply for a divorce, although if your partner doesn’t want the divorce it will be a longer and more complicated process. Read more about this below. What is the process for getting divorced in Spain? There are two main types of divorce in Spain:

What is the best type of attorney to hire if you are Hispanic?

If you are Hispanic, oftentimes the best attorney for you to hire is one who speaks your language and understands your cultural differences. This ensures the most effective communication between you and your attorney.

How do I find a Spanish-speaking lawyer?

LegalMatch assists clients with finding the best lawyers near them, as well as legal representatives for all types of legal concerns. Simply visit the LegalMatch website and indicate that you need the help of a Spanish-speaking attorney.

image

How much does a lawyer cost in Spain?

Many law firms in Spain charge between 1% and 1.5% of the value of the property for their legal services, whilst others charge on an hourly basis or a flat fee (all fees attract VAT).

What is the percentage of Latina lawyers?

According to statistics from the Hispanic National Bar Association (HNBA), Hispanics – who are 18 percent of the population – comprise about 4 percent of U.S. lawyers. For Latinas, these numbers are even smaller; Latinas account for less than 2 percent of American lawyers.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

What is the difference between Hispanic and Latino?

Hispanic and Latino are often used interchangeably though they actually mean two different things. Hispanic refers to people who speak Spanish or are descended from Spanish-speaking populations, while Latino refers to people who are from or descended from people from Latin America.

Why is it important to have Black lawyers?

Another key reason why Black lawyers matter is because their perspective provides critical insights on how we, collectively, as a profession, can find equitable solutions to three of the most complex challenges the legal industry is facing and that have a disproportionate impact on Black individuals entering the field.

How do I hire a lawyer?

Take time to search for the right lawyer.Ask family, friends, or co-workers for recommendations.Check with your state and local bar associations.Consult lawyer referral services offered by a union or community group you belong to.

How much does it cost to hire a lawyer?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

How do I find an attorney?

You can also find a certified lawyer referral service by: Going to LawhelpCalifornia.org. to find more information on a State Bar-certified lawyer referral service; Calling the State Bar's Lawyer Referral Services Directory at 1-866-442-2529 (toll free in California) or 1-415-538-2250 (from outside California); or.

Spanish Divorce Law

More and more often the subject of divorce in Spain arises where there are spouses from different countries. This throws up the possibility of other states’ laws becoming relevant to the situation. So while Spanish divorce law is applicable, it does not operate in a vacuum and we must consider the laws of other states also.

Which Legislation Applies

European Regulation 2201/2003 sets out the rules that determine which country has jurisdiction to hear and determine a divorce case which is any country where:

Applicable Law

While the question of legal jurisdiction is important, also of great importance is the question of which legal system or code of laws applies to the case before the court, regardless of the location of that court.

Cost

It is worth noting that the application of foreign laws in a Spanish court would increase the cost and complexity of any hearing as the court would require depositions on the current state of the foreign law which would have to be provided by experts in that foreign law and which in turn would need to be translated and presented to the court.

How long does it take to get divorced in Spain?

This is the fastest and most straightforward way of obtaining a divorce in Spain; if no unforeseen issues arise the process can take as little as a few weeks.

What is the law in Spain regarding division of assets?

Spanish law regarding the division of assets in a divorce is determined by the local law of the couple’s place of residence. In Catalonia, Aragon, Navarre, Balearic Islands and the Basque Country, for example, Separación de Bienes generally applies. This means that each partner keeps anything they owned before the marriage, and any joint purchases during the marriage are divided according to each individual’s investment in buying them. Court rulings have also attributed a financial value to non-monetary contributions, such as taking care of the home and raising children.

How long does it take to get divorced without consent?

The court procedure in these cases is longer and more complex, taking anything from a few months to over a year.

What is the best way to get a family law attorney?

Find a family law attorney. Certification requires years of experience, additional legal education and exams, and recommendations from colleagues and judges. Board certification assures you that the attorney you hire is an expert with a good reputation in the legal community.

What should I do if my spouse is dishonest?

If your spouse is being dishonest or vindictive, you also should have an attorney to represent your best interests and protect your rights. Your attorney also acts as a shield, keeping your spouse from manipulating or deceiving you by communicating with you directly.

How many prospects should I have for a lawyer?

Ideally, you want to have at least three prospects. Although this can be a time-consuming process, resist the urge to simply hire the first attorney you meet. Some may pay a fee, others may not. If your finances are tight, you may be inclined to favor attorneys who offer free consultations.

What to do if you have low income and you are struggling financially to pay an attorney?

If you think you will struggle financially to pay an attorney, review how to hire a lawyer when you have low income. If your spouse has more financial resources than you, you might consider requesting the court to order your spouse to pay your costs of the divorce.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Do divorce attorneys charge by the hour?

Consider cost in your decision. Some attorneys will charge you a simple flat rate for a divorce, while others bill by the hour. The more complicated your divorce, the less likely you’ll be offered a flat rate.

Do I need a lawyer for divorce?

Ideally, you want an attorney who spends at least 50 percent of her time on divorce cases. A general practitioner may be able to handle an uncomplicated divorce, but if your divorce was uncomplicated, you probably wouldn’t need a lawyer. Keep in mind there are different kinds of specialists within family law as well.

Why do you need a Spanish speaking lawyer?

Among the reasons for hiring someone that speaks and understands your language is to overcome the possibility of discrimination.

Why are Spanish speaking lawyers important?

For individuals and groups who speak English as a second language, Spanish-speaking lawyers are essential for representation in legal matters. In court proceedings, those who cannot understand English are entitled to receive the services of a translator or interpreter.

What happened to the Spanish speaking Americans during the Great Depression?

Nevertheless, the hatred against Spanish-speaking Americans was far from over. Deportations. During the Great Depression, the stock market crashed and there were a growing number of unemployed citizens in the U.S. Once again, Mexicans and other minorities were accused of stealing jobs from American citizens.

Who was the Mexican American lawyer who fought for the rights of Mexican Americans to serve jury duty?

Gustavo C. Garcia worked with his fellow Mexican-American attorneys as a civil rights attorney in the famous Hernandez v. Texas case in the 1950s. He fought for the rights of Mexican-Americans to serve jury duty within the U.S., because Hernandez was denied the right of a jury of his peers.

Can a family member help you translate?

In such a case, a family member or a friend can help translate between you and your attorney. You have the right to request a translator during court proceedings. A translator can help you understand terms that are not familiar, as well as what is expected of you by the court.

Hiring a divorce coach

Of course, we believe the best professional suited for this role is a divorce coach because they can teach you about divorce (like how to hire a divorce lawyer) but above all, how to get through divorce the healthiest way.

Shopping around for a divorce lawyer

Now if you’re still with me, then you might be ready to take the leap. You may even be shopping around for an attorney (as you well should). But what should you be looking for? What questions should you ask? Below are a few tips.

What else MUST you know about how to hire a divorce lawyer?

No one is ever really happy with her divorce lawyer because both parties always have to compromise

image

Spanish Divorce Law

Image
More and more often the subject of divorce in Spainarises where there are spouses from different countries. This throws up the possibility of other states’ laws becoming relevant to the situation. So while Spanish divorce law is applicable, it does not operate in a vacuum and we must consider the laws of other states also…
See more on advocateabroad.com

Which Legislation Applies

  • European Regulation 2201/2003 sets out the rules that determine which country has jurisdiction to hear and determine a divorce case which is any country where: 1. The spouses are habitually resident, or 2. The spouses were last habitually resident, and one still resides there, or 3. The respondent is habitually resident, or 4. In the event of a joint application, either of the spouses is …
See more on advocateabroad.com

Applicable Law

  • While the question of legal jurisdiction is important, also of great importance is the question of which legal system or code of laws applies to the case before the court, regardless of the location of that court. Articles 9.2 and 107 of the Spanish Civil Code establish that the applicable law is, in the first place, the law of the country of which both spouses are nationals. Where there is no co…
See more on advocateabroad.com

Cost

  • It is worth noting that the application of foreign laws in a Spanish court would increase the cost and complexity of any hearing as the court would require depositions on the current state of the foreign law which would have to be provided by experts in that foreign law and which in turn would need to be translated and presented to the court. So what are the practical implications o…
See more on advocateabroad.com