Divorce Summons

If you are the spouse requesting divorce, your lawyer must write the subpoena with you.

This summons is then transmitted by a Commissioner of Justice (formerly a bailiff) to your spouse.

The family judge is seized as soon as the summons is filed in court by your lawyer.

If you are the addressee of the divorce summons, you are the defendant spouse. In this case, you must to take up a lawyer within 15 days if you want to take part in the procedure.

The summons constitutes the conclusions the applicant spouse, i.e. his or her claims and arguments.

It must indicate the type of divorce requested:

• Divorce for permanent alteration of marital bond
• Divorce for Acceptance of the Principle of Marriage Breakdown

If you wish to request a fault divorce, you do not need to specify this in the assignment.

Assignment can contain your requests for interim measures, that is to say what you want as temporary arrangement for your property and children during divorce proceedings.

Provisional measures may concern the spouses :

• Allocation of family accommodation and household furniture
• Delivery of clothing and personal effects
• Fixing of maintenance under the duty of care
• Organization of the spouses' assumption of their debts and management of their property
• Appointment of an expert for the liquidation their wealth and finances

Provisional measures may concern children :

• Exercise of parental authority
• Attachment of the residence, and rights of access and accommodation
• Contribution to their maintenance and education

Your assignment must include the following mandatory information:

• Day, time and place of orientation hearing
• Proposal to share the assets and finances of the spouses
• Reminder of the provisions concerning the family mediation and the participatory procedure
• Approval agreements relating to the exercise of parental authority and the consequences of divorce

Refurbishment

You and your spouse must prepare your case before he or she can be tried.

During the preparation of the file, it is only your lawyer who must ensure communication with the court and your opponent.

The preparation period for the application is called the reconditioning.

During this period, lawyers must present their requests and their arguments (called means) in a named entry conclusions. The conclusions are prepared in turn by you and your opponent and accompanied by supporting documents.

You and your opponent must exchange all your documents: that is the principle of adversarial.  All such documents and submissions shall also be communicated electronically, by counsel, at graft of the court.

A judge, called pretrial judge, is responsible for ensuring that your procedure runs smoothly. Checks the folder during status hearings.

At status hearings, the judge shall verify that the exchange of pleadings and documents between you and your spouse within the time limits set by the Council. He has powers. For example, it may require a party to conclude a case within a certain period, close the case without a party's submission or cancel the case if it does not comply with its requests.

Status hearings are held regularly until the case is ready for trial. They are taking place virtually : you don't have to go to court.

Once the file is complete, the pretrial judge close trade and set the hearing date for your case. This hearing is called hearing.

You cannot provide new findings or journals after the status close date.

The duration of reclamation depends on the number of conclusions you exchange with your opponent, the timing set by the judge, the nature and difficulty of your case.