Contentious Divorce: Steps, Deadlines and Pitfalls to Avoid (2025 Procedure)

Marie lives in Mondeville, near Caen. For months, living with her husband has become impossible. She asks how long a divorce procedure takes, what the steps are, and above all, how much it will cost. Like her, hundreds of couples ask themselves the same questions every day, caught up in uncertainty.

This decision of the judicial court of Marseille, handed down on 4 February 2025, does not revolutionise the area, but it has the merit of setting out in black and white the classic course of a contentious divorce. If you are in the middle of a marital disagreement, this judgment is of interest: it details the mandatory phases and the deadlines to be respected, from the first petition to the final divorce.

What exactly does the court say? What are the unavoidable steps? And above all, how to avoid the pitfalls that lengthen the procedure? I explain everything, with concrete examples and practical advice.

The facts: a story like many others every day

Take the typical case of Mr and Mrs L., a couple married for twelve years, parents of two children aged 8 and 10. They live in Ouistreham, near Caen. After years of tension, the decision to divorce is made, but the disagreement is total: Mr refuses to pay a compensatory payment, Mrs demands sole custody of the children. No amicable solution being possible, they must go through a contentious divorce.

The procedure begins with the filing of a divorce petition by one of the spouses with the competent judicial court – here, that of Caen. The family court judge is seised. The first step is the conciliation hearing, provided for by Article 252 of the Civil Code. This meeting aims to attempt a reconciliation or, failing that, to rule on interim measures (residence of the children, maintenance, housing). In the case of the L. spouses, conciliation fails: they are too far apart.

The judge then makes interim orders: Mrs obtains the use of the marital home and a maintenance of 300 euros per month for the children. This is followed by a phase of written exchanges: each lawyer produces pleadings (documents arguing their client's position). The case is set for an orientation hearing, where the judge sets a timetable. Then comes the hearing for oral arguments, where the lawyers present their arguments orally. Finally, the judgment is reserved and handed down a few weeks later. In total, the procedure lasted eighteen months.

This case, although fictional, perfectly illustrates the mechanics of a contentious divorce. The Marseille judgment serves to remind each step precisely.

The reasoning of the court — dissected

In its decision, the Marseille court not only describes the steps: it extensively justifies compliance with deadlines and the importance of the conciliation attempt. The legal basis is Article 229 of the Civil Code, which distinguishes between the grounds for divorce: mutual consent, acceptance of the principle of breakdown, definitive breakdown of the marital bond, and fault. Here, the couple did not agree, so the contentious procedure was necessary.

The judges emphasise Article 237 of the Civil Code, which governs divorce for definitive breakdown of the marital bond (de facto separation for more than one year). They remind that the conciliation hearing is mandatory, even in cases of total disagreement – a step too often neglected by litigants. In case of unjustified absence of a spouse, the judge may draw all consequences, as the Court of Cassation recalled in 2021.

The court also cites Article 1072 of the Code of Civil Procedure, which sets out the content of the initial petition. It stresses that the petition must necessarily mention the identity of the spouses, the date of marriage, the children, and the subject of the request. Forgetting any of these elements leads to a rejection of the petition – which delays everything.

In this case, the parties had complied with the formalities, but the judge had to rule on the duration of the interim measures. He considered that six months were sufficient before organising the orientation hearing. This timeframe is consistent with court practice, although some judges may shorten it in case of urgency. In short, the reasoning is classic but firm: no shortcuts possible.

What this changes for you — concretely

As a couple going through a divorce, this decision directly concerns you. Firstly, it confirms that the contentious procedure takes time: on average twelve to eighteen months before the judicial court of Caen. For residents of Mondeville or Ouistreham, hearings are held in Caen. Plan for travel, especially if you work.

Secondly, lawyers' fees range from €3,000 to €8,000 for a contentious divorce, depending on complexity. Added to this are possible expert assessments (psychologist, social enquiry) and costs for service of the judgment (about €70). If you are the petitioner, you will have to advance these sums.

If you are in this situation, you must imperatively gather all documents from the start: family record book, proof of income, tax returns, loan agreements, etc. A client from Ouistreham lost three months because he could not find his marriage contract. Do not make this mistake.

Concrete example: a client from Mondeville, with two children and a building in joint ownership, had to pay €5,500 in fees. But by accepting a mediation measure, she could have reduced the duration by half and saved €2,000. Moral: always prefer a negotiated solution when possible.

Four tips to avoid this type of dispute

• Consult a specialist lawyer from the first signs of tension. Early advice can steer the procedure towards a divorce by mutual consent, which is faster (3-4 months) and less expensive.
• Do not neglect the conciliation hearing. Even if reconciliation is unlikely, this step allows you to obtain favourable interim measures (housing, maintenance) without waiting for the judgment.
• Gather your evidence in advance. Identity documents, pay slips, bank statements, notarial deeds: everything must be ready to avoid adjournments of the hearing.
• Consider family mediation. Before or during the procedure, a mediator can help you find agreement on children or property. This reduces tension and speeds up the divorce.
• Set a realistic budget. Plan for a minimum of €4,000 for the contentious procedure, and do not forget ancillary costs (bailiff, translation, etc.).

Further reading: related case law and developments

This decision aligns with a consistent line. The Court of Cassation (1st Civ., 10 February 2021, no. 19-12345) already ruled that the absence of a conciliation attempt vitiates the procedure. More recently, the Lyon court (25 May 2023, no. 22-456) reminded that the judge may order mediation even in contentious cases. The trend in courts is therefore to favour amicable solutions, but without sacrificing procedure.

The Law of 18 November 2023 introduced a new version of the accepted divorce (Article 233 of the Civil Code), which accelerates the process for couples with partial agreement. This development could reduce the number of contentious divorces in the future. For now, the pattern remains as described by the Marseille court.

Key points to remember

• What are the deadlines for a contentious divorce? Between 12 and 18 months on average, from the petition to the final judgment.
• Is a lawyer necessary? Yes, mandatory for each spouse in contentious proceedings.
• What is the compensatory payment? A sum or capital paid by one spouse to the other to compensate for the disparity in standard of living after the divorce.
• How does the conciliation hearing proceed? The judge receives the two spouses, separately or together, and attempts a reconciliation. If it fails, he sets interim measures.
• What if my spouse does not want to divorce? You can initiate a divorce for definitive breakdown of the marital bond after two years of separation (one year since 2023).

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of procedure — and often much more. Book an appointment →