There are four types of divorces in French law :

• Divorce by mutual consent :

This is the most consensual marriage breakdown procedure. It is open to spouses who agree both on the principle of divorce and on the consequences of it.

Attention : Each spouses must be assisted by a lawyer.

The divorce agreement, jointly established, is signed by the parties in the presence of their lawyer as part of a joint meeting.

This agreement is filed in the minutes of a notary.

• Divorce for acceptance of the principle of marriage breakdown or accepted divorce :

The accepted divorce allows spouses who agree on the principle of divorce to end their union without revealing the causes of the failure of their union. It is then up to the Family Affairs Judge to rule only on the effects of the divorce with regard to the spouses and, if applicable, with regard to children.

• Divorce for permanent alteration of the marital bond :

Divorce for permanent alteration of the marital bond can be requested when the spouses have ceased to live together for at least two years from the divorce summons.

Law no. 2019-222 of 23 mars 2019 programming 2018-2022 and Justice Reform reduced this deadline to one year.

Too, from September 1 2020, divorce may be pronounced for permanent alteration of the marital bond if, on the day the Family Affairs Judge rules, the community of life between the spouses ceased for a year.

• Divorce for fault :

Misconduct divorce is the most contentious procedure for breaking up a marriage. Faced with the legislator's desire to pacify divorce law (multiplication of gateways, encouragement to conclude agreements during the procedure), divorce proceedings for fault are intended to be limited to the most serious cases (this is particularly the case of violence between spouses).

You want to initiate divorce proceedings ?

Contact us Master Rébecca Dorsile, she will be able to use her listening and analytical skills to defend your interests.