Divorce Procedure: How to Avoid Delays?

Imagine: you have been married for twenty years, living in your home in Pornic, and separation is inevitable. You thought divorce would take a few months, but your spouse is using dilatory tactics, refuses to respond to summons, contests everything. Weeks pass, months accumulate, and you wonder: how long will this take?

This question is asked by hundreds of couples every day. The divorce procedure, with its steps and deadlines, can become a real headache when one spouse deliberately blocks progress. A recent decision of the Tribunal judiciaire de Marseille (Case No. RG-80268, 7 June 2025) provides valuable insight into what the law requires and the tools available to speed up the process.

So, what can you do when a spouse intentionally drags their feet? Is there a way to enforce legal deadlines? The answer is yes, but you need to know the ins and outs of the procedure and the levers you can pull. This article guides you step by step, starting with an everyday story and leading to concrete advice you can apply immediately.

The facts: a story like many others

Mr. and Mrs. D. were married in 2003 in Nantes and lived together in the Pornic area until 2022. Tired of daily conflicts, the husband filed a divorce petition in January 2023. The procedure started, but very quickly, the wife threw up obstacles: she did not provide her documents, refused the proposed mediation, and systematically challenged court dates. The husband's lawyer estimated that the divorce, already lasting a year, could drag on for another six to twelve months if nothing was done.

The husband then applied to the Tribunal judiciaire de Marseille (the parties having moved in the meantime) to request a binding procedural timetable and damages for the abusive delay caused by his wife. He argued that the slowness of the procedure caused him moral and financial harm, notably because he could not remarry or wind up the community property.

For her part, the wife invoked her right to a full defence and the complexity of the financial issues to justify the delays. She claimed she needed time to assess the joint estate, including the house in La Baule-Escoublac acquired during the marriage. The court had to decide: was the delay due to a dilatory strategy or to legitimate constraints?

The court's reasoning — analysed

The judges of the Tribunal judiciaire de Marseille based their decision on the Code of Civil Procedure (the rules governing trials). They first recalled the legal framework: since the 2004 law, divorce can be granted under one of four procedures: mutual consent (the fastest), accepted, fault-based, or for permanent breakdown of the marital relationship. Each has its own steps, but all require a principle of good faith and promptness in exchanges.

The court found that the wife had not communicated the requested documents within the usual time limits and had refused mediation without valid reason. It stressed that Article 1113 of the Code of Civil Procedure allows the judge to order the procedure to follow a timetable set by the judge, and that a party's lack of cooperation can justify penalty payments or damages.

In this case, the court held that the wife's conduct constituted a fault under Article 1240 of the Civil Code (which requires reparation for damage caused by one's fault). It ordered the wife to pay €3,000 in damages for the harm suffered by the husband, and set a mandatory timetable: submission of pleadings within two months, close of arguments within four months, oral submissions within six months. This decision confirms consistent case law: judges no longer hesitate to sanction dilatory tactics, especially when they cause concrete harm to the other spouse.

What this means for you — in practice

This decision does not create new law, but it illustrates a strong trend among courts: not to tolerate abusive blocks. Specifically, if you are involved in divorce proceedings and your spouse deliberately delays, you can:

• Request a binding timetable: from the first hearings, ask the Family Court Judge (JAF) to set precise deadlines for each step. This will avoid endless postponements.
• Claim damages: prove that the delay causes you harm (inability to remarry, additional legal fees, missed opportunity to sell a property). Amounts vary, but €2,000 to €5,000 are common.
• Challenge an abusive opposition: if your spouse's refusal is unfounded (systematic opposition, failure to respond), the judge can grant the divorce even without their cooperation.

Concrete example: a property owner in La Baule-Escoublac, waiting for the divorce to sell an indivisible asset, lost a selling opportunity at €350,000 because his wife refused to sign the deed. The court ordered the wife to pay €4,500 in damages and ordered the sale under a penalty of €100 per day of delay. Without this action, the wait could have lasted two more years.

If you are in this situation, you must keep all evidence of delay: emails, refusals to meet, lawyers' letters. Forward them to your lawyer to include in the file.

Four tips to avoid this type of dispute

Here are concrete actions to take from the start of the procedure:

• Choose a specialist lawyer in family law with experience in contested divorces. They will anticipate blocks and quickly request the judge's intervention.
• Propose family mediation immediately. Even if refused, the fact of having proposed it works in your favour and shows your good faith.
• Gather all relevant documents from the outset: contracts, bank statements, notarial deeds. Do not give your spouse time to orchestrate a withholding of information.
• Set a written timetable with the opposing lawyer, and if it is not respected, approach the JAF without delay. One month's delay is already too much.

Further reading: related case law and developments

This decision is part of consistent case law. The Court of Cassation, in a ruling of 14 March 2018 (No. 1089), recalled that the judge may set the procedural timetable and impose penalty payments to ensure promptness. Similarly, the Tribunal de Nantes, in a 2021 order, ordered a wife to pay €2,000 in damages for delaying the provision of documents for 10 months.

The current trend is towards increased judicial control over deadlines: judges no longer hesitate to impose strict deadlines and sanction abuses. This means that in the future, proceedings may be shorter, but also that the burden of proof lies heavily on the person alleging delay. To protect yourself, it is advisable to document everything.

Checklist before taking action

Here are answers to the most frequent questions about divorce delays:

How long does a divorce take on average? A no-fault divorce by mutual consent can be obtained in 2 to 4 months. A contested divorce can last 12 to 24 months, or more if one spouse blocks.

Can I speed up the procedure if my spouse refuses to cooperate? Yes, by asking the judge to set a timetable and providing evidence of the blocks. You can also claim damages.

What if my spouse does not respond to summons? The judge can rule by default or order a forced personal appearance. In serious cases, penalty payments are possible.

Is there a risk of having to pay the other party's costs if there is a blockage? Yes, if you are found responsible for the delay, you may be ordered to pay the costs and damages.

Do I have to go through mediation? No, but the judge may invite you to do so. Refusing without reason can be held against you.

In a similar situation? A 30-minute initial consultation with Maître Perucca (€45) could save you months of proceedings — and often much more. Book an appointment →