Learning that your partner wants a divorce is often a shock. Refusal, incomprehension, the hope of going back in time: it is common to wonder “I don’t want a divorce, what can I do?”
It’s important to set out the legal framework right away. Under French law, no one can be forced to remain married against their will. Divorce cannot therefore be blocked indefinitely.
The challenge is not to prevent the procedure, but to avoid being subjected to it and to preserve personal, parental and property rights.
To analyze your precise situation and adopt the right strategy from the very first signs of a break-up, the support of a Toulon divorce lawyer is essential.
Is it possible to refuse a divorce in 2025?
Family law is based on the principle of matrimonial freedom. One spouse cannot continue to live together if the other wishes to end it.
On a personal level, refusal to divorce may reflect a legitimate attachment or a desire to save the couple.
On a legal level, the procedure will nevertheless move forward if one of the spouses takes action.
The mistake to avoid: doing nothing
Ignoring letters, not appearing at hearings or refusing to take any action is a risky strategy.
The family court judge may rule in your absence and set unfavourable provisional measures concerning :
- housing,
- childcare,
- alimony.
So it’s essential to take part in the proceedings, even if you don’t want a divorce in principle.
How to divorce without your spouse’s consent: what to expect
When one of the spouses refuses to reach an amicable settlement, the petitioning spouse has several legal grounds for obtaining a divorce.
Definitive alteration of the marital bond
This is now the most common procedure.
If the spouses have been living apart for at least a year, the divorce can be granted without the agreement of the other spouse.
The separation is established by various elements of proof: separate residences, attestations, administrative documents, statements of facts.
This procedure is detailed here: procedure for divorce without consent
Fault-based divorce
In the event of a conflictual deadlock, the spouse can also initiate divorce on grounds of fault, invoking a serious breach of the obligations of the marriage.
This procedure is longer, more conflictual and requires a rigorous defense.
In this context, the assistance of a contentious divorce lawyer is crucial to safeguarding your interests.
What are the alternatives to divorce to save time or ease the situation?
When the refusal to divorce is motivated by personal or religious convictions, certain intermediate solutions can be envisaged.
Legal separation
Separation from bed and board puts an end to the obligation to live together without dissolving the marriage.
It makes it possible to organize the family situation while maintaining the matrimonial bond.
This option is available at
family law Toulon
Family mediation
The judge may propose mediation at the orientation hearing and on provisional measures.
Its aim is to re-establish dialogue or, failing that, to organize a more peaceful separation, particularly for the children.
What are your rights and remedies if divorce is unavoidable?
Even when you’re divorced, your rights are fully protected by law.
Compensatory allowance
If the break-up leads to a significant financial imbalance, you can apply for
compensation
to offset the disparity created by the divorce.
Children and the marital home
Leaving the marital home prematurely can have important legal consequences, particularly with regard to the residence of children or the allocation of housing.
Any decision must be taken after legal advice and, if necessary, validated by a judge.
What happens in divorce proceedings in the event of disagreement?
The procedure generally follows these steps:
- Divorce proceedings
- Orientation hearing and provisional measures
- Preparation phase
- Divorce decree
Frequently asked questions
What should I do if my partner refuses to talk?
Refusal does not prevent divorce. It generally leads to proceedings for alteration of the marital bond or for fault.
Can I refuse to sign a divorce agreement?
Yes. This prevents an amicable divorce and leads to contentious proceedings.
The differences are explained here: amicable and contentious divorce
Can I keep my spouse’s name after the divorce?
Yes, under certain conditions. The procedure is detailed here: family name conversion
Conclusion
Refusing a divorce is a human reaction. But legally, silence or inaction cannot stop the proceedings.
The best approach is to seek support, defend your rights and transform an imposed break-up into a legally controlled separation.
In Toulon, the assistance of an experienced lawyer can help you avoid irreversible decisions and secure every stage of the procedure.
