Contents
- Divorce for “permanent alteration of the marital bond”
- Divorce by mutual consent, or divorce “without a judge”
- Divorce accepted
- In video: Is it possible to divorce by mutual consent when one of the spouses is of foreign nationality?
- Divorce for fault
- Child custody: with one parent, or with both?
- Divorce: joint parental authority is maintained
The law has been amended several times. Today, you can even get a divorce without going to a judge, but to a notary. Overview of the different options for divorce today.
Divorce for “permanent alteration of the marital bond”
Today with the divorce for permanent alteration of the marital bond, the official break-up can be pronounced without the other spouse being able to refuse, regardless of the reasons for the separation.
This type of divorce allows a spouse to divorce even if he has nothing to reproach the other, even if the latter is opposed to it. The couple must no longer live together for at least two years.
However, in case of serious harm, for example a request for divorce after thirty years of cohabitation, the judge can award damages.
If the “non-applicant” spouse does not agree, he can to apply for a “fault-based divorce”. If the judge refuses this request, he will pronounce the divorce for alteration of the marital bond.
Divorce by mutual consent, or divorce “without a judge”
Since January 1, 2017, as part of adivorce by mutual consent, the spouses no longer go through a family judge to formalize the rupture, but by a notary. Each spouse should have their own lawyer, who is compulsory. The goal : unclog the courts and simplify the procedure. This procedure is also called the “Divorce without a judge”.
The law allows you to get divorced more quickly if you agree on the principle of the breakup and its consequences such as the compensatory allowance, the division of property, or even child custody and alimony.
The spouses do not have to make known the reasons for their divorce.
Divorce accepted
Le divorce accepted, or “divorce for acceptance of the principle of marriage breakdown”, concerns spouses who agree to divorce, but who oppose the consequences of divorce : custody of children, division of property,… This divorce can be requested by one of the spouses, or by both.
It is therefore a family court judge who will rule.
What is a compensatory allowance?
If the judge considers that the divorce has significant financial consequences for one of the former spouses, he may decide to pay a “compensatory allowance”. This is most often paid in the form of capital.
In video: Is it possible to divorce by mutual consent when one of the spouses is of foreign nationality?
Divorce for fault
One of the spouses can request the fault divorce “When the facts constituting a serious or renewed violation the duties and obligations of marriage are attributable to one’s spouse, and make the maintenance of common life intolerable ”. The fault invoked must be serious enough to make life together intolerable, and must be proven: infidelity, humiliation, violence, lack of support in the event of serious illness …
The facts are left at the discretion of the judge, who can pronounce a divorce “at the exclusive fault” of one of the spouses, “at shared wrongs”, or refuse to pronounce a divorce for fault.
Divorce: you can change the procedure at any time
This is what is called the “bridge” between the different modes of divorce. For example, if you have initiated proceedings for fault or definitive alteration of the marital bond and that during the proceedings you finally decide to resort to divorce by mutual consent, nothing forbids you to do so. Clearly, you can now switch at any time from a conflictual divorce to an amicable divorce.
Child custody: with one parent, or with both?
You have the possibility to request the“Main guard”of your child, who will therefore reside in “habitual residence” with his father or with his mother. The other parent will benefit from a “Visiting and accommodation rights”, most often one weekend in two or half of the school holidays. But both parents, or the judge, can decide on another arrangement.
You can also decide together, or obtain judgment, the alternate residence of the child with each of you. Your child then lives in turn with both parents. In 80% of cases, it is the alternation of one week out of two that is chosen by the parents. Be aware, however, that it requires that there be, if not a good understanding between you, at least a possibility of communication so that the material organization and the education of your child are not a permanent source of conflict between you. It is mainly on this criterion that the judge decides whether or not to grant it. It is also good to know that if in certain respects, the alternating residence has positive aspects, in particular maintaining equal ties between the child and his father and mother, it seems that it is not recommended for children under 6 years old. Indeed, it can be at the origin of an upheaval of the benchmarks that a child needs at this age and as a result, the appearance of a feeling of insecurity.
In one divorce by mutual consent, the place of residence of the children is decided jointly by the ex-spouses. In other cases and in the absence of parental consent, it is the family court judge who decides.
In the event of divorce, the law provides for the continuity of the spouse. This is what is called the principle of co-parenting. Concretely, it institutes the maintenance of the decisions taken together on all the important points concerning the life of your child: whether it is the choice of school, his hobbies or if necessary the care to be brought to him. It also obliges those in charge of schools to inform each of you of various events, such as outings or even parents’ meeting dates.