The divorce procedure, whether for fault or even amicable, is a long and complex stage.
To know how to apply for a divorce and start the procedure, it is essential to know the different types of divorces and their formalities. What is a fault-based divorce proceeding?
To know how to apply for a fault divorce, it is necessary to know its conditions of application. Divorce for fault can only be requested by a spouse if his or her spouse has violated the duties and obligations which arise during the celebration of the marriage. The applicant spouse must thus invoke either violence or adultery.
Indeed, the lawyer's fees are the main costs in the context of a divorce. However, filing for divorce without a lawyer is impossible. The intervention of a lawyer is mandatory. Only in the case of a divorce by mutual consent, the spouses have the option of hiring the same lawyer to reduce costs.
What is mutual consent divorce proceedings?
The procedure for divorce by mutual consent is the simplest procedure. However, it is mandatory that the spouses agree on the principles of divorces and all its consequences. In the context of an amicable divorce, the two spouses can take a common lawyer or separate lawyers. If they wish to divorce by mutual consent and without going before a judge, on the other hand, which has been possible since January 1, 2017, they must each be assisted by a lawyer.
If there are not fault that can be brought up against his spouse, but he refuses to divorce, it is possible to request a divorce for permanent alteration of the marital bond. The spouse who refuses the divorce cannot oppose to the procedure. In order to be able to ask for a divorce for definitive alteration of the marital bond, it is necessary that there has been a voluntary rupture of the common life between the two spouses for at least 2 years.
The divorce procedure for accepting the principle of marriage breakdown is used when the spouses agree on the principle of divorce but disagree on the consequences of the breakdown of the marriage. The spouses are therefore heard by the judge. During this hearing, each of the spouses explains their wishes. The judge then determines the modalities and measures to be put in place after the divorce.
It is essential to know how to initiate divorce proceedings before embarking on the procedures. The first thing to do, regardless of the type of divorce, is to hire a lawyer, it is an obligation. One or both spouses must request the initiation of the proceedings through a lawyer. The request is addressed to the family court judge by the lawyer of the requesting spouse. This request specifies the type of divorce requested. The spouses are then summoned to a conciliation hearing. The purpose of this hearing is to reconcile the spouses on the principle and the consequences of the divorce. If the spouses do not reconcile at this stage, a non-conciliation order is issued. Within 3 months of this order, the requesting spouse must sue their spouse. The summons is drawn up by the lawyer and handed over by a bailiff to the other spouse. The summons marks the beginning of the hearings and ends with a judgment which approves the divorce and provides for the consequences.
It is possible to stop divorce proceedings at any time as long as the final divorce judgment has not been issued. To do this, you should send a registered letter with acknowledgement of receipt to the family court judge. The divorce proceedings are stopped as soon as the judge receives this letter. You should also inform the lawyer by delivering a copy of this letter.
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