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Spoken of a strong link as the Spanish territory, what does it means ? The criterion that allows foreign nationals to present a petition for divorce is the residence of the couple lasting in Spanish territory, which in practice will not mean absolutely continuous residence and exclusive, let alone long term, such as occurs in cases of granted residence in Spanish territory where we evaluate effects even in periods of removal of the person from Spanish territory.
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This means that the spouses or one of them chose to have in Spain a center of interest or life or work for a period of time that goes beyond the holiday. How shown to have a link with Spain? And for how long ? First of all the documents have to show the place of residence of a couple in Spain, numbers, personal assessment, a lease of the house where the couple live.
There is also a list of possible other certificates that may be accepted by the court as evidence: as the demand and the supply of Spanish identity document, authentication of residence, telephone contracts, utilities, including even a document showing medical treatment which was submitted a spouse in Spanish territory.
The case law also seems that the judges consider 5 or 6 months a fairly credible residence of the spouses in Spain as first present of a petition for divorce, but in many cases it depends really on the documents produced ? What happens if the residence has not been proven?
If the period of residence insufficient, the court may refuse the application for divorce.
In the latter case, the spouses can apply again? Faced with the same judge? You can just think there is more attention to the application submitted. As to the ability that the couple move his residence to another place, of course, the previous documents will form part of the dossier of the new application for divorce, together with the certificate of the new home.
The Civil Code stipulates that the provision of the Court relating to custody of minor children must be designed with regard antecedence of shared custody. The choice of the judge, however, must be accompanied by the interest of children first. What does this mean? It means that the court will consider first the sensitivities and psychological, as well as material.
For example, the shared custody cannot be performed when custody to one parent can result in damage to the offspring. Important: the decision in respect of shared custody or special, shall not be made taking into account the separation of the complaint, so if a spouse is deemed to be "in charge" of separation, however, may well be entrusted to the offspring.