Divorce by mutual consent is particularly favorable to spouses who have a simple personal and patrimonial situation. The procedure gets fast if the couples get on chiefly well, or in case they have few opinions to settle: no shared heritage, no kids. In this case, the negotiations will be faster and speed up the procedure. This would be your move on after divorce perfectly.
Choosing a single lawyer can also save time. If this solution does not suit all cases, it simplifies administrative procedures and avoid frequent exchanges between lawyers who defend the interests of their client. The drafting of the convention will only be faster.
- Once the application is filed, it takes between one and two months for the convocation before the court.
- For the simplest cases, the procedure can last 3 or 4 months.
What steps can slow down the procedure?
Steps, which are essential depending on the situation, can lengthen the duration of the procedure. The agreement of the spouses plays a big role: if they cannot agree on one or more points of their divorce, the negotiations can take several months. These disagreements must be settled for the drafting of the agreement which must be presented to the judge in a complete and definitive manner.
An important common heritage also requires a longer liquidation, especially if real estate is involved. The spouses must then use a notary and perform various acts to complete the procedure. If they have chosen to sell, this step may also take time. Again, the fate of the estate must be fully settled before the hearing. You will also need to recover from divorce.
Finally, a last obstacle can affect the speed of the divorce: a refusal of homologation of the convention by the judge. He may refuse to pronounce the divorce if he considers that the conditions provided are against the interests of the spouses or children.
For example, the judge may find that support is too low or too high; that the right of access is too restricted; or alternatively that the choice of alternating residence is too heavy for the child (school too far away from home, going back and forth too often, child too young).
- In this case, the spouses must draft a new agreement, and have for this a period of 6 months.
In some cases, the procedure may last more than one year. It is therefore essential to agree and organize upstream so that the procedure is faster. This is the divorce recovery timeline.