Contentious divorce occurs when the spouses are unable to reach an agreement on the consequences of their separation.
In Toulon, our family law firm can help you defend your rights before the judge, whether it’s a question of child custody, property division or alimony.
Our aim: to represent you effectively and protect your interests at every stage of the proceedings.
Discover also our expertise in family and personal law.
Understanding contentious divorce
What is a contentious divorce?
Contentious divorce applies when the spouses are unable to agree on the terms of their separation.
Unlike amicable divorce, it requires the intervention of the Family Affairs Judge (JAF), who will rule on the points of disagreement.
Disagreements may concern :
- Childcare,
- Alimony or compensatory allowance,
- Sharing property or housing,
- Even the grounds for divorce (fault, breakdown of cohabitation, etc.).
The different types of contentious divorce
| Type of divorce | Description |
|---|---|
| Divorce for fault | One of the spouses reproaches the other for serious behavior (infidelity, violence, abandonment of the home, etc.). |
| Divorce for definitive alteration of the marital bond | The spouses have been separated for at least one year. |
| Divorce for acceptance of the principle of separation | Both spouses agree to the divorce, but disagree on its consequences. |
Situations requiring judicial intervention
Recourse to contentious divorce is necessary:
- In the event of profound disagreement over children or assets,
- When there are major relational conflicts,
- Or in cases of domestic violence requiring protective measures.
Contact our firm in Toulon for assistance with your contentious divorce.
The stages of contentious divorce
The initial petition and the conciliation hearing
The divorce begins with a petition filed with the Toulon Family Court (JAF).
A conciliation hearing is organized in order to :
- Try to reach an amicable settlement,
- Set provisional measures (residence, alimony, children, etc.),
- And prepare for the rest of the procedure.
Proceedings before the family court (JAF)
After the conciliation phase, the lawyers exchange written submissions setting out the arguments of each party.
The Toulon JAF examines the case, hears the parties and issues a judgment on the points of disagreement.
The divorce decree and its effects
The judgment of the Toulon judicial court puts an end to the marriage and definitively fixes :
- Childcare,
- Alimony or compensatory allowance,
- Distribution of assets.
Your lawyer provides full representation before the JAF and defends your rights at every hearing.
The lawyer’s role in a contentious divorce
Strategic support and advocacy
TheToulon contentious divorce lawyer plays an essential role in defending your interests.
He or she establishes a strategy adapted to your situation, based on the evidence, case law and your personal objectives.
Negotiation and drafting of conclusions
Even in conflict situations, your lawyer will seek negotiated solutions whenever possible.
He or she will draw up the legal conclusions presented to the Family Court, defend your arguments and ensure that your parental and financial rights are protected.
Representation before the Toulon court
Our firm regularly appears before the Toulon Magistrates’ Court.
We master its procedures and deadlines, guaranteeing a rigorous, responsive defense at every stage.
For a calmer approach despite the conflict, see also our page on amicable divorce in Toulon.
Key points of the dispute
Child custody and visiting rights
The judge determines :
- The children’s main residence (with one of them or alternately),
- Visiting and accommodation rights,
- And how parents communicate with each other.
The aim is always to safeguard the child’s best interests.
Alimony and maintenance payments
The JAF sets the amount of alimony according to :
- Parents’ income,
- Children’s needs,
- And the childcare time allocated to each parent.
A compensatory allowance may also be awarded to restore the balance of living standards after the divorce.
Sharing assets and family home
The division of assets depends on the matrimonial regime (community, separation, participation aux acquêts…).
The family home is often a central issue: it may be awarded to one of the spouses or sold as part of the division.
Need strategic support? Contact our law firm in Toulon to defend your rights with rigor and humanity.
Comparison table: Amicable divorce vs. contentious divorce
| Criteria | Amicable divorce | Contentious divorce |
|---|---|---|
| Agreement between spouses | Yes, total | No |
| Family affairs judge (JAF) | No | Yes |
| Average duration | 1 to 3 months | 12 to 24 months |
| Cost | Moderate | Higher |
| Climate | Soothed | Possible conflict |
| Lawyer intervention | 2 lawyers + notary | 2 lawyers + judge |
Why choose our Toulon office?
Recognized expertise in family law
Our law firm in Toulon is renowned for its expertise in family law, whether for amicable or contentious divorces.
Human and strategic support
Each case is handled with listening, strategy and empathy.
We support you in managing conflict, protecting children and preserving your assets.
In-depth knowledge of the Toulon judicial court
Based in the heart of Toulon, we are familiar with local family court practices, procedural deadlines and the legal players involved, ensuring effective, personalized support.
Contact our firm in Toulon for a rigorous and humane defense of your divorce.
FAQ – Contentious divorce lawyer Toulon
What is the difference between amicable and contentious divorce?
Amicable divorce is based on total agreement between the spouses, without a judge.
Contentious divorce involves a judge’s decision in the event of disagreement.
How long does a contentious divorce in Toulon last?
Between 12 and 24 months, depending on the complexity of the case and the Toulon court’s schedule.
What is the average cost of a lawyer for a contentious divorce?
Fees depend on the complexity of the case and the number of hearings. A clear estimate is drawn up at the first consultation.
Can a contentious divorce be converted into an amicable divorce?
Yes, if the spouses reach an agreement during the proceedings, they can switch to an amicable divorce.
What happens to child custody in a contentious divorce?
The Family Court rules in the child’s best interests, after examining the living conditions, availability and dialogue between the parents.