Austria, Arrest of a U.S. Citizen
The principle that allows foreign nationals to present a petition for divorce is the couple s long term residence in Spain, which in fact is not meant to refer to the permanent and exclusive residence, and even less constant, as this is the case for the hypothesis of permit living in Spain where the phases of temporal remoteness of the subjects involved in the Spanish territory are valuated.
This means that the spouses, or even one of them have chosen to live or work in Spain for a time period that goes beyond the simple holiday. Which is the evidence for a connection with Spain ? And of which kind of nature it should be ? Primarily through objective evidence of the couple s home in Spain, checking personal documents, a rental contract of the house in which spouses live.
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There is also a listing of other certificates that can be accepted by the judge as a witness: as the demand and the delivery of a Spanish identity document, validation of residence, telephone contracts, users, included also a document attesting a medical treatment that a spouse has benefited in Spanish territory.
Then from the jurisprudence it seems that the judges consider 5 or 6 months a period of enough plausible residence of the spouses in Spain before submitting a request for divorce; still, it depends in many cases really on the documentation submitted? What happens if you do not have the attestation of the residence ?
In the moment in which the residence will not be sufficiently attested the judge may reject the petition for divorce.
In the last case can the spouses resubmit the request ? Before the same judge ? It is possible providing the application in detail. On the possibility that the spouses transfer their residence to another place, of course the documents submitted previously will be part of the dossier of the renewed request for divorce, together with confirmation of the new address.