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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102368
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Our Daughter is a US citizen, she married a Spanish tizen in

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Our Daughter is a US citizen, she married a Spanish tizen in Spain. She lives here in the US. Her Spouse in Barcelona SP. They have agreed to a divorce. How do we do it from the U.S.?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for her situation. Does she live in Alabama?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

In Alabama.

Thank you, H.

Then, the answer is yes. Alabama requires either of the parties to be a resident of the state for six months or more before being married. As she lives in Alabama, she fulfills the residency requirement and only one party has to do so for the state to have jurisdiction.

She can serve him in Spain. By doing so, it would make him impractical to defend himself due to the distance. He would either have to retain counsel, or, come himself numerous times - both options are awkward and expensive. Individuals being used overseas often end up simply defaulting and not even filing an answer.

Spain is a member on the Hague Service Convention agreement, meaning that the summons must be sent to a "central organ" of the country which would then serve him, and then would send back proof of service which would be admissible in Court. Once the divorce is filed, the central organ to be contacted in Spain is:

Ministerio de Asuntos Exteriores y de Cooperación
Dirección General de Españoles en el Exterior y de Asuntos Consulares y Migratorios
C/. Ruiz de Alarcón, 5
28071 Madrid
Tel +34 913 791 700
Fax+34 913 948 665

Of course, an attorney is recommended just to help with the red tape. May I recommend the Alabama Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck to her.

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