When a couple decides to divorce, the first step is to gather together all the papers required for the procedure.
These documents vary according to the type of divorce: amicable, contentious, for fault or for alteration of the marital bond.
A complete and compliant filespeeds up the procedure and avoids delays before the Toulon judicial court.
Discover the list of papers required for a divorce and the essential role of the Toulon divorce lawyer in checking and filing them.
Consult our Family and Personal Law department to find out more about our personalized services.
Understanding divorce procedures in France
The different types of divorce (amicable, contentious, for fault, etc.)
In France, there are four types of divorce:
- Divorce by mutual consent (known as “amicable”), without a judge, supervised by lawyers.
- Divorce based on acceptance of the principle of separation (contentious, but without fault).
- Divorce for fault, in the event of serious breach of marital duties.
- Divorce on grounds of permanent impairment of the marriage bond, when the separation lasts more than two years.
Each type of procedure involves different paperwork, depending on the level of conflict and the couple’s personal situation.
Why the papers to be provided vary according to the type of divorce
Divorce documents depend on :
- The presence or absence ofminor children;
- Matrimonial regime (community, separation of property…) ;
- And the level of understanding between the spouses.
A Toulon divorce lawyer ensures that the case file is adapted to meet the precise requirements of the competent court.
Documents required for an amicable divorce (mutual consent)
Divorce by mutual consent is the quickest, but requires a perfectly prepared file.
Personal and family documents
- Identification documents for both spouses
- Family record book (original and copy)
- Full copy of marriage certificate (less than 3 months old)
- Full copies of birth certificates of spouses and children
Documents relating to property and housing
- Marriage contract, if any
- Title deeds, leases, rental receipts
- Bank statements and proof of savings
- Valuation of joint assets (real estate, vehicles, accounts)
Documents relating to minors
- School certificate
- Proof of child’s principal residence
- Receipts for specific expenses (health, activities, etc.)
Divorce agreement and the lawyer’s role
The lawyers for both spouses draw up the divorce agreement, which sets out :
- Distribution of assets,
- Children’s residence,
- And any pensions.
Contact our firm to check your pre-divorce papers in Toulon: a family lawyer will make sure that all your documents are complete before you sign.
Documents required for a contentious divorce
When dialogue is no longer possible, the divorce becomes contentious.
The procedure takes place before a family court judge.
Mandatory supporting documents
- Identity papers and marriage certificate
- Recent proof of address
- Family record book and children’s birth certificates
- Affidavit of income and expenses
Evidence to support your claim
Depending on the grounds for divorce, you must provide :
- Proof of fault (adultery, abandonment of home, violence, etc.) ;
- Letters, exchanges, witness statements;
- Medical reports or complaints if necessary.
Documents to be sent to the family court judge
The lawyer is responsible for notifying the Toulon judicial court:
- Petition for divorce,
- Numbered supporting documents,
- And the summary brief.
This work of putting together the divorce file is the direct responsibility of theToulon divorce lawyer, guaranteeing conformity and legal certainty.
The lawyer’s role in preparing the divorce file
Verification of mandatory documents
The lawyer makes sure that all the documents required by law are present, valid and in compliance with the rules of procedure.
Pre-hearing file preparation
He gathers the documents, classifies them according to the court’s criteria, and prepares the file to be presented to the judge or filed with the notary (for amicable divorce).
Securing and filing with the court
Finally, the lawyer handles the filing of deeds and the official transmission of documents to the Toulon judicial court, guaranteeing error-free processing.
See also our page dedicated to divorce lawyers to find out how we support you at every stage of the procedure.
Common mistakes to avoid in divorce proceedings
Missing or out-of-date documents
Many files are rejected or delayed due to out-of-date civil status documents (more than 3 months old).
Parts that do not comply with court requirements
Illegible or uncertified copies may invalidate part of the file.
No supporting documents for income or children
Wage slips, CAF or tax certificates are often forgotten. Yet they are essential for calculating alimony and child support.
Why hire a lawyer in Toulon?
Mastery of local procedures and court requirements
Cabinet Lacombe & Brisou, located close to the Toulon Magistrates’ Court, is fully conversant with local procedures and administrative requirements.
Full support in preparing your application
Our family law attorneys provide personalized support, from collecting the papers to filing the complete file.
Secure drafting and filing of divorce papers
We guarantee the security of sensitive documents and the rigorous drafting of divorce decrees, in compliance with current regulations.
Contact our law firm in Toulon for tailor-made assistance in putting together your divorce file.
FAQ – Divorce papers
What paperwork do I need for an amicable divorce?
Identity papers, family record book, recent birth certificates and proof of assets and income.
What documents are required for a contentious divorce?
The same basic documents, plus evidence of the dispute: witness statements, correspondence, medical certificates, etc.
Do I need to provide my children’s papers in the event of a divorce?
Yes, including birth certificates and school certificates, to assess the children’s residence and needs.
Who prepares the divorce file: the lawyer or the spouses?
The spouses assemble the documents, but the lawyer checks, completes and files the file before it is submitted to the court.
How long does it take to get all the divorce papers together?
On average 2 to 4 weeks, depending on the availability of civil status documents and the complexity of the estate.