Lawsuits for separation and divorce increased by 16.6% in the third quarter of 2020 compared to the same period last year, after falling more than 40% during the second quarter, marked by the confinement and the freezing of judicial processes by covid-19. As reported this Friday by the General Council of the Judiciary (CGPJ), year-on-year increases have been observed in all forms of marital dissolution. In the third quarter, 14,835 requests for consensual divorce were registered (17.7% more than in the same period of 2019), 9,809 requests for non-consensual divorce (15% more), 783 requests for consensual separation (19.7%) and 305 non-consensual (6.6% more). In addition, 14 nullity claims were filed, a figure 16.7% higher than in 2019.
The confinement, the suspension of procedural deadlines and the security measures against the coronavirus had a strong impact on the activity of the judicial bodies during the second quarter of 2020, which resulted in “very important reductions” in all types of lawsuits, according to explains the CGPJ.
By communities, the highest number of dissolution claims per 10,000 inhabitants has occurred in the Canary Islands and the Valencian Community, with 6.6. They are followed by the Balearic Islands, with 6.1; Andalusia, 5.9; Asturias and Cantabria, 5.7; Galicia, 5.6; and Murcia, 5.5. All of these regions exceed the national average, which is 5.4. The lowest figures have been in Castilla y León and the Basque Country, with 4.3; Madrid, 4.4; and Aragon, 4.6.
On the other hand, during the first state of alarm and up to three months after its completion, a decree law for the streamlining of Justice was operative, which authorized the month of August in an extraordinary way and contained the “special and summary procedure” for the chaos of family law directly derived from the health crisis ”. The CGPJ points out that, although it is not possible to determine how many processes of this type entered the judicial bodies, as there is no individualized reflection, there is an increase in the income of verbal trials related to family law, both in the second quarter and In the third.
Regarding the procedures for modifying measures in processes of separation and divorce and guardianship, custody and maintenance of children, the CGPJ indicates that all of them, both matrimonial and non-matrimonial, especially consensual ones, have shown “significant increases” year-on-year with respect to the same quarter of 2019. Specifically, the requests for modification of consensual measures, of which 2,991 have been submitted, have increased by 28.3%, and the non-consensual ones, 7,376, by 8.6%. In the case of non-marital children, the modifications of consensual measures have been 5,930 (56.8% more), while the non-consensual ones, 6,981 (21.3%).