Understanding types of divorce
What is an amicable divorce?
Amiable divorce, or divorce by mutual consent, is based on total agreement between the spouses on the breakdown of the marriage and its consequences: custody of the children, alimony, division of property, etc.
Since the 2017 reform, this procedure takes place without the intervention of a judge, except in certain special cases (request from a minor child or legal incapacity). The divorce agreement, drawn up by the lawyers, is signed by the spouses and then registered with a notary.
This is the quickest and cheapest way to divorce, provided that a constructive dialogue remains between the spouses.
What is a contentious divorce?
Contentious divorce concerns situations where the spouses are unable to reach an agreement, either on the principle of divorce or on its consequences (custody, property, alimony).
This procedure requires referral to the family affairs judge (JAF) of the Toulon judicial court and compulsory legal representation for each spouse.
The judge’s decision is based on an exchange of arguments, written submissions and sometimes several hearings. This type of divorce is longer and often more costly, but it guarantees greater legal protection when interests diverge.
Main differences between the two procedures
| Elements of comparison | Amicable divorce | Contentious divorce |
|---|---|---|
| Agreement between spouses | Total | Partial or non-existent |
| Lawyers | One or two | One lawyer per spouse mandatory |
| Judge | No (with some exceptions) | Yes, mandatory hearing |
| Average time in Toulon | 2 to 4 months | 12 to 24 months |
| Average cost | Moderate | Higher |
| Conflicts and tensions | Low | Often important |
| Recording | Notary | Judicial Tribunal |
Advantages and disadvantages of each type of divorce
Amicable divorce: advantages and limitations
Advantages :
- Speed: procedure in just a few months.
- Administrative simplicity: agreement signed and registered without a hearing.
- Calm climate: encourages communication between spouses.
Limits :
- Requires total agreement on all points.
- Inability to use a joint lawyer if a disagreement arises.
- Perhaps unsuitable in cases of financial or emotional imbalance.
Contentious divorce: advantages and limitations
Advantages :
- The judge ‘s intervention guarantees the fairness of decisions.
- Better protection in the event of property disputes or disagreements.
- Possibility of interim measures (custody, housing, pension) during proceedings.
Limits :
- Longer, more costly procedure.
- Stronger emotional charge.
- Times vary according to the complexity of the case and the workload of the court.
Factors influencing the choice of procedure
Children and family interests
When the spouses have children, the choice of procedure must take their best interests into account. An amicable divorce is preferable if the parents agree on
Complex assets and assets to share
If the couple owns a large amount of real estate or undivided property, the liquidation process can be a source of disagreement. The involvement of a divorce lawyer in Toulon and, if necessary, a notary, is essential to ensure a fair distribution.
Spousal relations and level of conflict
The level of communication between the spouses is a determining factor. An amicable divorce presupposes a climate of cooperation. On the other hand, if tensions are high, or if there is an inequality of information or means, a contentious divorce is more likely to protect each party.
The role of the lawyer depending on the chosen procedure
Accompaniment in an amicable divorce
The lawyer’s role is to advise and mediate. He ensures that the agreement respects the interests of both spouses, while guaranteeing the legal certainty of the divorce.
In the case of a joint lawyer, he acts with neutrality and balance.
Assistance with contentious divorce
The lawyer represents and defends his client at every stage: drafting the writ of summons, filing pleadings, representing the client before the Family Court, and negotiating any partial agreements.
His expertise enables him to anticipate opposing arguments and secure the proceedings.
Legal security and personalized advice
Whatever the type of divorce, your lawyer will ensure that the deeds are properly executed, that your property and parental rights are preserved, and will advise you on the strategy best suited to your personal situation.
Why choose our Toulon office?
Expertise in divorce and local proceedings
For many years, Toulon-based Lacombe & Brisou has been assisting clients with all types of divorce: amicable, legal, or with a strong patrimonial dimension.
Personalized, strategic support
Each case is thoroughly analyzed to determine the best legal course of action. Where possible, we give priority to reaching a settlement, while preparing a solid defense in the event of litigation.
Knowledge of Toulon courts and deadlines
Our team is familiar with the practices of the Toulon judicial court and the local specificities of family court judges, enabling us to adjust deadlines and strategy for a smooth and efficient procedure.
Contact our Toulon office to find out which divorce procedure is best suited to your situation.
FAQ – Difference between amicable and contentious divorce
What are the main differences between an amicable divorce and a contentious divorce?
Amiable divorce is based on total agreement between the spouses, without a judge. Contentious divorce involves court intervention to settle disagreements.
What are the advantages of an amicable divorce over a contentious one?
It’s faster, less costly and takes place in a calmer atmosphere.
How long does an amicable divorce and a contentious divorce in Toulon take?
On average, an amicable divorce takes 2 to 4 months, compared with 12 to 24 months for a contentious divorce.
Do I need a lawyer for an amicable or contentious divorce?
Yes. In an amicable divorce, each spouse must have his or her own lawyer since 2017. In a contentious divorce, representation before the judge is mandatory.
How can I choose the procedure best suited to my family situation and assets?
Your Toulon divorce lawyer will help you assess the level of disagreement, the complexity of the assets and the family interests, so you can choose the safest and quickest procedure.
