Do you need a lawyer to get a divorce?
Verified 01 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, each spouse must have his own lawyer in divorce proceedings. This is the case with a judicial divorce (divorce before the judge) or in an amicable divorce proceeding without a judge (divorce by mutual consent).
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Judicial Divorce
The applicant divorce duty take a lawyer from the beginning of the divorce proceedings.
The lawyer writes first assignment and then represents the applicant spouse throughout the proceedings.
The defendant duty also take a lawyer to defend themselves.
Please note
The plaintiff's lawyer and the defendant's lawyer must not belong to the same professional structure.
Without a lawyer, the defendant cannot participate in the proceedings. His requests cannot be considered by the judge.
The defendant must choose a lawyer from the 15 days after receipt of the divorce summons.
FYI
The spouses may refer the matter to the judge by a joint request in divorce. In this case, they must each take a lawyer from the beginning of the proceedings.
Divorce by mutual consent
In mutual consent proceedings, a divorce agreement must be drafted by lawyers.
Once finalized, the agreement must be registered by a notary or otherwise certified by the judge if a child of the spouses wishes to be interviewed.
The procedure is different if the spouse is under protection (guardianship, curatorship...).
General case
Each spouse duty take a lawyer into a divorce by mutual consent.
A single lawyer cannot represent the two spouses.
The lawyers of each spouse must not belong to the same professional structure.
The divorce agreement must be signed by the spouses and the 2 lawyers before being submitted to the notary for registration.
A child of the spouses wishes to be interviewed
The application for a hearing of the minor may be made at any time during the proceedings.
The Convention of divorce by mutual consent must be submitted to the judge for approval.
The spouses may take only one lawyer to represent them. They may also take each their lawyer.
A spouse is under protection (guardianship, curatorship...)
Divorce by mutual consent is not possible. The spouses must divorce before the family court judge.
Each spouse must have his own lawyer.
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Telephone administrative information - Allo Public Service
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The informants who answer you are from the Department of Justice.
To get assistance
Lawyer
Divorce by non-judicial mutual consent (Article 229-2: one lawyer per spouse)
Procedure for divorce by mutual judicial consent (Article 250: one lawyer)
Lawyer's appointment compulsory before the court
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