If you are in conflict over the very principle of divorce and/or its effects, you will have to go through judicial divorce proceedings. These generally take between 8 months and 3 years. At any point during the contentious proceedings, you always have the option of returning to a divorce by mutual consent (divorce par consentement mutuel) or to an accepted divorce (divorce accepté). You must be represented by a separate lawyer, who will bring the case before the family court judge (juge aux affaires familiales) (see What are the grounds for divorce?).
Required documents. To file your petition, you will necessarily need:
- a full copy of each spouse’s birth certificate, dated less than three months ago,
- the children’s birth certificates, dated less than three months ago,
- a full copy of the marriage certificate of the spouses, dated less than three months ago,
- a copy of the family record book (livret de famille).
The proceedings begin with a “petition for divorce” filed by one of you, or by both of you in the case of an accepted divorce. It takes the form of a summons (assignation) or a joint petition. The contentious divorce procedure is structured in two main phases:
Detailed answer
First phase
The judge will provisionally organize your family life until the divorce is granted. The provisional measures (mesures provisoires) temporarily define the arrangements for your relationship with your spouse and children during the divorce proceedings. The spouses’ personal attendance at this hearing is only mandatory when they make requests relating to the provisional measures. Several measures are possible: separate residence, allocation of the use of the family home, setting of maintenance (pension alimentaire), arrangements for the exercise of parental authority (autorité parentale), distribution of everyday expenses, return of personal belongings, etc.
Second phase
The judge will then render a final decision on the consequences of the divorce after it has been granted. The proceedings conclude with a pleading hearing (audience de plaidoirie) during which your lawyers present their respective arguments.
The judge then delivers their judgment, which rules on both the principle of the divorce and all of its consequences. The judgment determines the final arrangements relating to the children, property matters, and maintenance obligations, thereby replacing the provisional measures previously ordered.
If you are not satisfied with the decision, you can always appeal within one month of notification, and possibly lodge an appeal to the Court of Cassation (pourvoi en cassation) against the appeal court’s decision.
I will assist you throughout your divorce proceedings.
This general information does not replace a consultation: each situation requires individual assessment.
Related questions
Related service