Divorce becomes complex when one of the spouses refuses to separate. This type of divorce, known as contentious divorce, requires proceedings to be brought before a family court judge. Understanding your rights, the steps involved and the possible solutions is essential if you are to move forward serenely. For a more global view of your family situation, please consult our page Family and personal law :
Understanding contentious divorce
What is a divorce without mutual consent?
This is a divorce initiated by one spouse without the agreement of the other, when dialogue has broken down or consensus is impossible.
It can take several forms:
- Divorce for fault,
- Divorce for definitive alteration of the marital bond,
- Accepted divorce (agreement only on the principle, not on the consequences).
Difference from an amicable divorce
Amiable divorce is based on an agreement signed by both spouses, without the need for a judge.
Contentious divorce, on the other hand, requires the intervention of a court, a lawyer for each spouse, and sometimes an expert opinion.
Consequences for spouses and families
A contentious divorce can influence :
- Childcare arrangements,
- The amount of alimony,
- Sharing assets,
- The length and cost of the procedure.
Legal steps to take if one spouse refuses
Role of the summons to the family court judge
When dialogue is impossible, the lawyer initiates proceedings by summons before the family court judge (JAF).
It enables :
- To formally launch the procedure,
- Submit your requests (custody, pension, housing, property),
- Compel the other spouse to participate in the judicial process.
Steps in the litigation process
- Summons drawn up by lawyer
- Orientation and provisional measures hearing
- Children’s residence
- Alimony
- Occupancy
- Preparation phase
- Exchanging pleadings and documents between lawyers
- Pleading hearing
- Divorce decree
Deadlines and required documents
Depending on the situation, a contentious divorce can take from 12 to 36 months.
Documents required:
- Family record book,
- Financial statements,
- Children’s pieces,
- Real estate items.
Your rights and obligations
Child custody and support
The judge’s decision is based on :
- The best interests of the child,
- The stability of its living environment,
- The educational skills of each parent.
Parents must provide :
- Salary slips,
- Loads,
- Supporting documents for children.
To find out more about these decisions, consult our page :
Divorce lawyer Toulon
Division of assets and liquidation of the matrimonial property regime
The judge may order :
- Allocation of family housing,
- Sale of joint property,
- The appointment of a notary for the liquidation.
Obligation to be represented by a lawyer
Each spouse must have his or her own lawyer, and representation is mandatory before the JAF.
Alternatives and solutions to limit conflict
Family mediation and negotiation
Mediation can help :
- Renewing the dialogue,
- To obtain a partial agreement,
- Reduce litigation.
This may be a step recommended by the judge.
Partial agreement with spouse
Even if the spouse refuses the divorce, it is possible to find :
- An agreement on children,
- A property agreement,
- Temporary organization of family life.
These agreements facilitate the final decision and shorten lead times.
Lawyer to secure the procedure
Lawyer:
- Drafts deeds,
- Protect your interests,
- Prepare parts,
- Defend your case in court.
Why choose our Toulon office?
Expertise in contentious divorce
We regularly accompany spouses faced with divorce refusal, parental disputes or property disagreements.
Full support every step of the way
From assignment to final decision, we assist you in :
- The strategy,
- Putting together the file,
- Hearings,
- Negotiation.
Knowledge of local courts and procedures
Our firm is fully conversant with the practices of the Toulon judicial court, an asset in effectively defending your rights.
FAQ – Divorce without mutual consent
What if my spouse refuses to divorce me?
Initiate legal proceedings by summons before a judge.
What is the procedure for a contentious divorce?
Summons → provisional measures → preparation → hearing → judgment.
Can I divorce alone if the other spouse does not consent?
Yes, no spouse can be forced to stay married.
How long does a divorce without mutual consent last in Toulon?
Between 12 and 36 months, depending on conflicts and approaches.
What is the lawyer’s role in this type of divorce?
He defends your rights, drafts your claims and represents you in court.
