What Is the Procedure With a Divorce?

You want a divorce and you need divorce help... The law offers several types of divorces and a particular procedure.

I. Types of divorces

Since the Act of May 26, 2004, divorces have been reformed.

You can encounter four types of divorce:

- Divorce by mutual consent
- Uncontested divorce
- Fault divorce
- Irretrievable breakdown of marriage

1. Divorce by mutual consent

It is a consensual divorce, you get an agreement to hire a divorce and to adopt measures that will address all the consequences of your separation.

At no time during the procedure must you explain your reasons for disunity.

By convention, you decide all the consequences of the divorce and the judge is in your favor.

Warning: This divorce cannot "work" if you only agree on the sharing of common property and on alimony for the children... any disagreement prevents the drafting of the definitive agreement.

2. Collaborative divorce

It is also a consensual divorce, a spouse seeking divorce by going to court and the other accepting it.

Contrary to the divorce by mutual consent, you do not agree on the consequences of divorce and the judge is the one who decides in the end.

In this case, you are aware that living together is possible and you do not agree on the consequences of divorce.

3. Fault divorce

Divorce can be requested by either spouse when the facts constituting a serious or repeated violation of the duties and obligations of marriage are attributable to the spouse and make it impossible for the cohabitation to continue.

This divorce is limited to domestic violence in most of the cases...

It's a divorce that lawyers recommend when the faults do not represent reasons enough for the separation. This divorce is stressful.

4. Irretrievable breakdown of marriage

The divorce will be pronounced if you have ceased to live together for at least two years. The separation must be effective and uninterrupted.

In this case, too, the judge is the one who decides on the consequences of the divorce.

II. How to start the proceedings

The procedure for divorce takes place before the family court judge in the District Court.

A counsel is required.

If you want a divorce and your spouse also wishes that you agree on all the consequences of the divorce, a lawyer can help you draft a final divorce agreement settling the consequences of your separation. One lawyer can assist you both and provide separation divorce advice.

The agreement will be filed by the counsel and a hearing will be scheduled during which the divorce will be pronounced by the judge who decides whether the agreement of both spouses is well lit.

In other cases, the procedure takes longer. Your lawyer files an application in which so-called provisional measures are sought pending the divorce decree. You're invited to a conciliation hearing, the judge tries to get you back together but this almost never happens.  Therefore, he  decides on interim measures and a spouse assigns the other spouse with the help of their lawyer and a bailiff. 

They exhibit their argument on the consequences of the divorce. The other spouse responds. A hearing is set to confront the arguments and a ruling is handed down.

The lawyer will be there to assist and advise you throughout the proceedings.