Divorce Proceedings: The Key Steps to Get Organized

Starting divorce proceedings always raises the same questions: how long will it take, is a lawyer mandatory, and what happens next for the couple's children and property? In France, there are several possible paths, each with its own timelines and constraints. This guide covers the concrete steps, without unnecessary jargon, so you can approach the process with a clear head.

The Four Types of Divorce Proceedings in France

French law distinguishes four forms of divorce, each suited to a different level of agreement between spouses:

• Divorce by mutual consent: both spouses agree on the divorce itself and on all its consequences. Since 2017, it has been handled without going before a judge, through an agreement drafted by each spouse's lawyer.
• Accepted divorce: the spouses agree on the principle of ending the marriage, but not on its consequences (custody, division of property, etc.), which are then decided by the judge.
• Divorce for irretrievable breakdown of the marriage: used when the spouses have been living apart for a certain period, without the need to prove fault.
• Fault-based divorce: filed when one spouse accuses the other of a serious breach of the duties of marriage. The acceptable grounds are strictly defined, as detailed in this article on grounds for fault recognized in a divorce.

A couple can switch procedures along the way if the situation changes: this is known as the “bridge” between the different types of divorce.

How Long Does a Divorce Proceeding Take?

The length varies greatly depending on the path chosen. A divorce by mutual consent, with no disagreement and no child requesting to be heard, can be finalized in a few weeks, once the mandatory 15-day cooling-off period between delivery of the draft agreement and its signing has passed. In a contested divorce process, however, the timeline lengthens considerably: between the summons, the hearing before the family court judge, and the final ruling, it often takes several months, or even several years, when the disagreement concerns sensitive issues such as child custody or the division of assets.

The Lawyer's Role and Points to Watch

With few exceptions, each spouse must be represented by their own lawyer, including in a divorce by mutual consent: this guarantees that each person's interests are defended separately. Before committing, it's worth comparing several law firms and checking their specialization in family law, much like the practitioners featured in this profile of a family law attorney. An initial consultation generally makes it possible to assess the expected cost, the possible strategy, and the realistic timeline for the case.

Child Custody and Child Support: What to Plan For

When the couple has children, the proceedings must also settle residence, visitation and overnight custody rights, and, where applicable, child support. These matters can be settled amicably by the parents, subject to the judge's approval, or decided directly by the judge if disagreement persists. Our complete guide on visitation rights after a divorce details the criteria judges consider when setting these arrangements.

Mistakes to Avoid During a Divorce Proceeding

• Waiting too long to consult a lawyer, which unnecessarily delays the case.
• Neglecting a precise inventory of shared property, a frequent source of deadlock during division.
• Making major financial decisions (sales, loans) without informing your spouse during the proceedings.
• Underestimating the value of family mediation to defuse conflict before it takes hold.

Frequently Asked Questions

Can You Get Divorced Without a Lawyer in France?

No: having a lawyer for each spouse is mandatory for all forms of divorce, including mutual consent, so that each person receives independent advice.

Is Divorce by Mutual Consent Always the Fastest Option?

This is generally true when the spouses agree on every point, but disagreement over even a single aspect (property, children, compensatory allowance) can be enough to shift the case into a longer procedure.

What Happens If a Child Wants to Be Heard by the Judge?

A child capable of forming their own judgment may request to be heard; in that case, the mutual consent divorce agreement must be approved by a judge rather than simply filed with a notary.

Sources

• Judicial Divorce: Procedure — Justice.fr
• Do You Need a Lawyer to Get Divorced? — Justice.fr
• Divorce: Division of Property — Service-Public.fr

This article was written with the help of artificial intelligence. Editorial policy