We are in conflict with my spouse, how do we get divorced?
If you are in conflict over the very principle of divorce and/or its effects, you will have to go through a judicial divorce procedure. This generally takes between 8 months and 3 years. At any point during the contentious procedure, you always have the option of returning to a divorce by mutual consent or accepted divorce. You must be represented by a separate lawyer who will refer the case to the family court judge (see fact sheet 7 on the grounds for divorce).
Required documents. To file your application, you will need:
– the original full copy of the spouses’ birth certificates, dated within the last three months,
– the children’s birth certificates dated within the last three months,
– a full copy of the spouses’ marriage certificate dated within the last three months,
– a full copy of the spouses’ family record book.
The procedure begins with a “divorce petition” filed by one of you, or both of you in the case of a divorce by mutual consent. This takes the form of a summons or a joint petition. The contentious divorce procedure is structured in two main phases:
● First phase: the orientation hearing and setting of provisional measures
The judge will provisionally organize your family life until the divorce is finalized. The provisional measures temporarily define the terms of the relationship with your spouse and children during the divorce proceedings. The spouses are only required to be present at this hearing if they are making requests relating to the provisional measures. Several measures are possible: separate residence, allocation of use of the family home, setting of alimony, terms of parental authority, distribution of living expenses, return of personal belongings, etc.
● Second phase: the judgment on the consequences of the divorce
The judge will then render a final decision on the consequences of the divorce after it has been pronounced. The proceedings conclude with a hearing during which your lawyers present their respective arguments.
The judge will then deliver their judgment, which will rule on both the principle of divorce and all of its consequences. The judgment will determine the final arrangements relating to the children, property, 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, if necessary, lodge an appeal against the appeal judgment.
Gaëtan ESCUDEY will assist you throughout your divorce proceedings.