Understanding the situation
Divorce with just one lawyer: is it possible?
In an amicable divorce, the spouses must each choose a lawyer within the framework of a divorce agreement. Both spouses must agree on all the consequences of the divorce (division, custody, alimony, etc.).
On the other hand, if one of the spouses refuses to be represented or contests a point in the file, the procedure becomes contentious: each party must also have his or her own lawyer.
Legal consequences if a spouse does not have a lawyer
In the event of a contentious divorce, representation by a lawyer is mandatory before the family court judge (JAF). If your husband refuses to appoint a lawyer, he will not be able to present his claims or defend his interests. Proceedings may nevertheless continue, but the judge will rule on the basis of your file and the information provided by your lawyer.
The difference between amicable and contentious divorce
| Criteria | Amicable divorce (with two lawyers) | Contentious divorce (without agreement) |
|---|---|---|
| Presence of a global agreement | Yes | No |
| Possible joint counsel | no | No |
| Judge’s intervention | No | Yes |
| Average duration | 2 to 4 months | 12 to 18 months |
| Blocking risks | Low | Raised |
Your rights and options
Compulsory representation before the family court
In a contentious divorce, alawyer is mandatory for both spouses. If your spouse refuses to appoint one, the judge can
Possibilities of pursuing divorce alone
You can file a motion or summons without waiting for your spouse to appoint a lawyer. The judge will then be informed of the situation and will be able to rule, particularly if your spouse fails to appear.
The benefits of appointing a lawyer to secure your rights
Your Toulon divorce lawyer will make sure that the procedure is regular, protect your property and parental rights, and avoid formal defects that could lead to delays or nullity of the judgment.
Steps to follow
Drafting the petition or writ of summons
Depending on the nature of the dispute, the lawyer drafts the initial petition orwrit of divorce. This document sets out the facts, claims and legal grounds.
Transmission to the court
Once filed, the summons is forwarded to the Toulon court and served on your spouse. If he or she does not have a lawyer, the documents will be served by a bailiff.
Managing exchanges with the unrepresented spouse
The lawyer ensures procedural communication with the unrepresented spouse, while respecting the adversarial process. All procedures are supervised by the court to ensure fairness between the parties.
Your lawyer’s role
Protecting your rights and interests
Your lawyer will ensure that your rights are respected during the divorce, particularly with regard to the residence of the children, alimony and the division of property.
Communication and negotiation with the unrepresented spouse
When a spouse refuses to have a lawyer, the dialogue becomes delicate. Your advisor manages these exchanges with neutrality and legal rigor, to safeguard your interests and avoid procedural incidents.
Preparing and submitting the complete file
Your lawyer prepares a solid, well-documented case (supporting documents, evidence, financial estimates) so that the judge has all the elements required for a fair decision.
Risks and precautions
Possible delays or complaints
The absence of a lawyer for one of the spouses can lead to delays in the proceedings, particularly if the spouse does not respond to summonses or contests documents.
Problems associated with unequal representation
An unbalanced situation, where only one of the spouses is assisted, can undermine the clarity of exchanges and complicate the defense of family and property rights.
How to avoid procedural errors
Legal support from the outset helps prevent formal errors and ensures the validity of each stage of the divorce. Here, the lawyer plays an essential role in providing security and strategic guidance.
Why choose our Toulon office?
Expertise in divorce and management of complex situations
Lacombe & Brisou is regularly involved in contentious divorces where one of the spouses refuses representation. Our experience enables us to anticipate blockages and preserve your rights.
Personalized support every step of the way
We offer individualized support, from the drafting of documents to representation before the Toulon judicial court, to ensure the consistency and efficiency of the proceedings.
Knowledge of local courts and procedures
Our firm masters the practices of Toulon’s JAF, guaranteeing an approach that is both legal and pragmatic, adapted to local realities.
Contact our firm to secure your divorce in Toulon, even if your spouse refuses a lawyer.
FAQ – My husband refuses to hire a divorce lawyer
Can my husband refuse to hire a lawyer for a divorce?
No, not in a contentious divorce. Legal representation is mandatory before the judge.
Is it possible to divorce if my spouse doesn’t have a lawyer?
Yes, the procedure can continue, but your husband will not be able to validly present claims to the court.
What are the risks of an unrepresented spouse?
The main risk is that the decision will be rendered without any effective defense for the unassisted spouse, which could lead to imbalances in the judgment.
Can I ask the judge to appoint a lawyer for my spouse?
The judge can encourage your spouse to seek legal assistance, but cannot impose the appointment of a lawyer. However, in certain cases, legal aid may be requested.
How much does a lawyer cost if I’m the only one represented in the divorce?
Fees depend on the complexity of the case. Your lawyer can propose a fee agreement tailored to your situation and the nature of the dispute.
Cabinet Lacombe & Brisou – Lawyers in Toulon
Specialists in family law and contentious divorce
Contact us for a confidential consultation and comprehensive support.
