Divorce involving gender violence in Alicante

Leaving an abusive partner requires speed and protection. We handle your divorce before the Violence against Women Section, without mediation and with the measures you need for yourself and your children.

Reviewed by Celeste Pérez Bleda, Bar member no. 7301 · Updated October 2026

In short

When there are criminal proceedings for gender violence, the divorce is handled by the Violence against Women Section (Sección de Violencia sobre la Mujer) and mediation is prohibited. There is no need to wait three months from the date of the marriage when there is a risk to the life, physical integrity, freedom, moral integrity or sexual freedom of the person applying or of the children (article 81 of the Civil Code). The judge decides on custody, contact, use of the family home, child maintenance and the division of the matrimonial property.

What makes it different

Court: the Violence against Women Section (Sección de Violencia sobre la Mujer), which already knows about the risk.
No mediation: the law prohibits it in these cases.
No waiting: the three-month period from the date of the marriage does not apply when there is a risk.
Coordination: the civil measures in the protection order remain in force if the divorce petition is filed on time.

Measures concerning the children and the home

The judge can award sole custody, suspend contact in the situations covered by article 94 of the Civil Code (Código Civil), set child maintenance and grant the use of the family home to the victim and the children.

Division of assets

If you were married under the community property regime (gananciales), after the divorce the joint assets must be inventoried and divided. When there is violence, we advise dividing the assets through the courts rather than through direct negotiations with the abuser.