Can the type of divorce be changed during the course of the proceedings?

Verified 12 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, you can change the divorce procedure. It's called a footbridge. Not all gateways are possible.

You can go from a judicial divorce to an amicable divorce.

However, this change is not possible if one of the spouses is under a protective measure (guardianship, curatorship...).

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General case

If you divorce before a judge, you can at any point in the procedure choose to divorce by mutual consent.

This footbridge is possible for all forms of judicial divorce :

Your lawyers withdraw from the current court divorce proceedings and draft a divorce agreement, registered by the notary. You won't be in front of a judge again.

This change is possible in proceedings before the family court and in cases where calling party before the judges of the court of appeal.

FYI  

so that divorce by mutual consent can succeed, you must agree on all the consequences of divorce (custody of children, division of property, etc.)

Spouse under protective measures

If you or your spouse are placed under protective measures (guardianship, curatorship, safeguarding justice..) divorce by mutual consent is not possible.

If the divorce by mutual consent procedure is not successful, you must initiate a new proceedings before the court with another ground for divorce (alteration of the marital relationship, fault...).

There are several gateways to moving from a judicial divorce to another form of judicial divorce. The possibilities for change depend on the type of initial divorce.

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Divorce for permanent alteration of marital bond

You can go from divorce on grounds of permanent alteration of the marital relationship to one divorce accepted or to a fault divorce.

To get to a fault divorce, your spouse defendant at divorce must have presented a counterclaim divorce for fault. You can then amend your initial application by invoking the fault of your spouse.

Divorce for fault

You can go through a fault divorce to a procedure for divorce accepted.

However, you can't go from divorce for fault to divorce on grounds of alteration of marital bond. You need to do a new divorce proceeding.

Divorce accepted

You can't change for another divorce application before a judge.

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