HOW LONG DOES A DIVORCE LAST?

How long do divorce proceedings take?

The rules governing time limits differ depending on whether the divorce is by mutual consent or by court order.

For the procedure by mutual consentIf the children wish to be heard, the procedure will take longer. If the children wish to be heard by a judge, the procedure will take longer. However, there is no conciliation phase. In all cases, divorce by mutual consent is shorter than judicial divorce.

It appears that this form of divorce can take from 1 month to 3 months depending on the complexity of the divorce and the liquidation of assets.

For other divorces (by acceptance of the principle of marriage breakdown, by definitive alteration of the marital bond and for fault), the time limits are much longer.

There are many overlapping deadlines:

-. use of a lawyer,

-Filing the application with the judge,

-conciliation procedure,

-. writ of summons,

-. hearing before the family affairs judge

-and divorce decree.

All of these steps mean that the lead time is relatively long (around two years).

This varies according to the divorce procedure chosen:

-the divorce by acceptance of the principle of marriage breakdown is the shortest of the contentious divorces because the spouses agree to divorce; the period is often less than two years.

-. Divorces for fault and for definitive alteration of the marital bond are the longest because they are cumbersome procedures. Proceedings for permanent alteration of the marital bond require at least two years of cessation of cohabitation, which means a minimum period of two years.

Whatever the type of contentious divorce, the time limits also depend on the judges and their workload, but also on the lawyers.

What you also need to know (How long do divorce proceedings take?) :

Even if the new law has the effect of simplifying divorce with a judge, we can still conclude that divorce by consent is quicker than contentious divorce. But beware: behind these average times there are major disparities depending on your situation.

If we take the case of a fault-based divorce, the time taken is irremediably longer because the emotional context of the marriage in question is very unstable. It regularly takes 4 to 5 years to reach a judgement. On the other hand, a divorce on grounds of impairment of the marital bond can be decided more quickly, in as little as 18 months.

In the case of a divorce by mutual consent This can take a minimum of 2 months.

A detailed study of your rights and your situation must be carried out by a lawyer to advise you on the best procedure and defend your rights and interests.