Do you need a lawyer to get a divorce?
Verified 25 August 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, each spouse must have his own lawyer in divorce proceedings before the judge (judicial divorce) or in amicable divorce proceedings without a judge (divorce by mutual consent).
Répondez aux questions successives et les réponses s’afficheront automatiquement
Judicial Divorce
The applicant divorce duty take a lawyer from the beginning of the divorce proceedings.
The lawyer writes assignment and then represents the applicant spouse throughout the proceedings.
The defendant duty also take a lawyer to defend themselves. Without a lawyer, he 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 apply to the judge for a joint 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.
General case
Each spouse duty take his lawyer into a divorce by mutual consent.
One lawyer cannot represent both spouses.
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 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 can also each take their own lawyer.
A spouse is under protection (guardianship, curatorship, etc.)
Divorce by mutual consent is not possible. The spouses must divorce before the family court judge.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
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
FAQ
Service-Public.fr
Service-Public.fr
Service-Public.fr
National Bar Council
