How to Initiate a Divorce

Initiating a divorce is a delicate process, even after you have made the decision. Nevertheless, whatever your situation is, the divorce procedure is standardized.

Seeking a lawyer is mandatory for any divorce proceedings. Do not hesitate to meet with several lawyers and take into consideration the fact that it is all free.

A divorce is a close matter: it is essential to get along with the lawyer who defends you in the divorce case.

To start a divorce, one spouse must apply for their opening through their lawyer. It is optional to specify the reason.

There are several ways in which you can get divorced:

- Divorce by mutual consent (you start to agree on the consequences of the divorce such as the partition of property, of goods, the amount of the alimony, the custody of children ...)
- Acceptance of divorce by marriage breakdown (the judge decides the consequences);
- Fault divorce (one spouse has violated duties and obligations of marriage in a serious way and repeatedly: they abandoned their home, violence, adultery, etc ...);
- Divorce for irretrievable marriage (at the request of one spouse alone).

You must then meet in a conciliation trial. You must be aware of everything that happens during the trial and you should also be aware of the court proceedings.

In this stage, the judge may decide to take interim measures to ensure the proper sustenance of each party involved in the trial:

- Separate residence;
- Enjoyment of family housing;
- Interim support;
- Mediation measures, etc. ...

In the case of a divorce by mutual consent or acceptance by the breakdown of marriage, the judge's role is to verify that the spouses really agree with the divorce. The divorce decree is pronounced at the first hearing if the court accepts the agreement settling the consequences of divorce.

In other cases, you must file an application for the commencement of the proceeding, in which you specify whether you choose a fault divorce or a divorce for irretrievable marriage. You need to send this application to your spouse, through a bailiff, a summons for divorce. Justify your approach in this document, specify the type of divorce you want and your requests in terms of consequences, the pensions divorce and all those financial fights starting now.

Finally, in order to finalize the divorce proceedings, you must present evidence to substantiate those facts. However, there are no people to testify in a divorce case.

The judge then pronounces the divorce and tells you how things proceed from then on.