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How do I start divorce proceedings?

Are you planning to divorce? There are four divorce procedures available, and it’s vital that you choose the one best suited to your situation (divorce by mutual consent, accepted divorce, divorce for definitive alteration of the marital bond, divorce for fault). Here’s how to start divorce proceedings!

Get your divorce off to a good start!

Step 1: Start proceedings with a lawyer!

All divorce proceedings require the services of a lawyer. At AGN avocat, you can contact a local lawyer belonging to the AGN network.

You can also use the online divorce procedure on the AGN avocats website. You enter the required information online, then 2 lawyers contact each of the spouses within 48 hours to provide you with a draft divorce agreement.

Step 2: Choose your divorce procedure  

There are 4 different divorce procedures:

  • Divorce by mutual consent: you must agree with your spouse on the principle of divorce and the consequences of your divorce.
  • Accepted divorce: you and your spouse agree on the principle of your separation, but you cannot agree on the consequences of the divorce.
  • Divorce for definitive alteration of the marital bond: Divorce for definitive alteration of the marital bond allows you to impose a divorce on your spouse if you have been living apart for two years at the time of the writ of divorce.
  • Divorce for fault: Divorce for fault also allows you to impose a divorce on your spouse if you can prove facts constituting a serious or repeated breach of the duties and obligations of marriage by your spouse that make maintaining life together intolerable.

Once you have chosen your divorce procedure, you must send a petition to the family court judge.

Step 3: Sending a petition to the judge (except for divorce by mutual consent, which has been carried out without a judge since 2017)

You will need to send a petition to the family affairs judge.

In the case of an accepted divorce, a divorce for definitive alteration of the marital bond, or a divorce for fault, you will send an individual petition to the judge. In response to this petition, the judge will send you a summons for a hearing to attempt conciliation, during which he will encourage you to reach an amicable agreement with your spouse. At the end of this hearing, a non-conciliation order will be issued. You will then be summoned to another hearing, and the divorce decree will be handed down.

Divorce requires the compulsory services of a lawyer, but the cost of a divorce can be reduced by using the online divorce procedure by mutual consent. The online divorce procedure enables you to find out the exact cost of your divorce (990 euros all-inclusive), and to simplify your procedures by benefiting from the advice and experience of AGN Avocats, while maintaining direct contact with an AGN lawyer in your area.

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