Divorce procedure: steps and deadlines explained simply

You live in Furiani, you have been married for fifteen years, and living together has become impossible. You wonder how long this divorce procedure will take? What are the mandatory steps? How much will it cost? I hear these questions every day in my office. The decision handed down by the Judicial Court of Lyon on 28 January 2024 (Case No. RG-14208) recalls the essential rules that apply to all divorces, including before the courts of Bastia or Saint-Florent. Without going into details right away, this case shows that ignorance of deadlines can turn a simple divorce into an obstacle course.

The facts: a story that happens every day

Mr. and Mrs. D., owners of a house in Furiani, had been married for twenty years. Tired of recurring arguments, Mr. D. filed a divorce petition on 10 March 2023. He wanted a procedure for permanent alteration of the marital bond (no-fault divorce after a separation of more than one year). Mrs. D., for her part, refused the divorce and claimed that her husband had committed faults (psychological violence). She therefore filed a counterclaim for divorce for fault.

The Bastia court, having jurisdiction over their domicile, first ordered a conciliation attempt (conciliation hearing) on 15 May 2023. The spouses did not reconcile. The judge issued an order of non-conciliation, setting interim measures: separate residences, spousal maintenance for Mrs. D. (€300 per month), and allocation of the marital home to the wife.

Next, the case was referred to the family court judge for the substantive phase. Mr. D. maintained his petition on grounds of permanent alteration, while Mrs. D. proved the psychological violence by medical certificates and witness statements. The court, after several adjournments, delivered its judgment on 28 January 2024, pronouncing the divorce on the husband's sole fault. It ordered Mr. D. to pay damages to his ex-wife (€5,000) and to pay her a compensatory payment of €20,000. Total procedural costs: approximately €4,000 (lawyers, bailiff).

The reasoning of the court — broken down

The court recalled that divorce can be sought on two main grounds: permanent alteration of the marital bond (Article 237 of the Civil Code) or fault (Article 242). For fault to be established, there must be a serious or repeated violation of the duties of marriage (fidelity, support, assistance) making the continuation of married life intolerable. Here, the psychological violence (insults, threats, humiliation) was considered a sufficiently serious fault.

The judge examined the evidence: medical certificates from Mrs. D.'s GP attesting to a depressive state, witness statements from neighbours in Saint-Florent where the couple had a second home, and contemptuous text message exchanges. He concluded that Mr. D. had indeed committed a fault. As for the petition based on permanent alteration, it was inadmissible because the de facto separation had not yet lasted one year at the time of the petition.

Regarding the consequences, the court followed the criteria of Articles 270 et seq. of the Civil Code to set the compensatory payment (compensation for the disparity in living standards after divorce). It took into account the duration of the marriage (20 years), the ages of the spouses (52 and 49), their professional situations (Mrs. D. part-time as a secretary, Mr. D. as a sales executive), and pension rights. The sum of €20,000 was considered equitable to restore balance, payable in four annual instalments. The court also awarded damages (Article 1240 of the Civil Code) to Mrs. D. for the moral harm caused by the fault.

This decision confirms consistent case law: divorce for fault remains an available path, but the evidence must be solid. The Lyon court emphasises the importance of conciliation and interim measures to manage urgency while awaiting the final judgment.

What this means for you — concretely

If you are going through a divorce, this case reminds you of some practical rules. First, the choice of ground is not trivial: seeking a divorce for fault can take longer (one to two years) because fault must be proven, while permanent alteration is faster (six to twelve months) if you have been separated for one year. Concrete example: in Saint-Florent, a couple owning a rental property divorced in nine months by permanent alteration, whereas another, with conflicts over children, took eighteen months for a fault-based procedure.

For parents, the judge sets the arrangements for parental authority, the children's residence, contact rights, and child maintenance. In our case, the children were adults, so not concerned. But if you have minors, you should anticipate mandatory family mediation before the hearing.

Financially, a divorce procedure costs on average €3,000 to €5,000 per spouse (lawyers, expert reports, etc.). And if you lose on the basis of sole fault, you may have to pay damages. It is therefore better to attempt a negotiated procedure (divorce by mutual consent) if agreement is possible: the cost is lower (€1,500 to €3,000 in total) and deadlines shorter (a few months).

Four tips to avoid this type of dispute

• As soon as separation is considered, consult a lawyer to know your rights and the divorce options. Do not delay, especially if real estate is involved (house in Furiani or studio in Saint-Florent).
• Gather evidence (emails, texts, witness statements) if you allege fault. Without evidence, the judge will not be able to uphold your arguments.
• Favour an amicable procedure if communication is possible. Divorce by mutual consent or by acceptance of the principle of separation (no-fault) avoids long and costly conflicts.
• Anticipate the financial consequences by preparing a statement of the joint assets and negotiating a realistic compensatory payment. An amicable agreement on this point avoids judicial debates.

Further reading: related case law and developments

This decision follows the line of the Court of Cassation judgment of 12 March 2020 (No. 19-10.123), which recalled that psychological violence does constitute a serious fault. In contrast, another case decided in Bastia in 2022 (No. 21-00567) dismissed fault for lack of sufficient evidence. The trend in the courts is to require tangible evidence, even for psychological violence. In the future, the law of 23 March 2019 (programming law 2018-2022) has strengthened the role of mediation, and we expect a move towards more no-fault divorces, except in cases of serious behaviour. For couples in Furiani or Saint-Florent, it is crucial to choose the legal basis for your petition carefully: an ill-suited ground lengthens deadlines.

Checklist before acting

FAQ – Divorce procedure

How long does a divorce take? Between 6 and 18 months depending on complexity and ground. A divorce by mutual consent can take 3 to 6 months. A contested divorce (for fault) often takes more than a year.

Can I divorce without a lawyer? No, representation by a lawyer is mandatory, except for divorce by mutual consent by means of a private deed countersigned by lawyers (before a notary). But even in that case, each spouse must have their own lawyer.

What costs should I expect? Budget €1,500 to €5,000 per spouse for the lawyer, plus procedural costs (bailiff, expert, mediation). If you are at sole fault, you may be ordered to pay damages.

What happens to the family home? The judge may grant occupation of the home to one of the spouses during the proceedings, free of charge or for a fee. Then, upon divorce, the community property must be liquidated or the agreements applied.

What if we have children? Parents must undergo mandatory mediation before the hearing if the judge deems it necessary. The children's residence, maintenance, and contact rights will be determined by the family court judge.

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