1- Divorce proceedings
The law provides for four types of divorce proceedings. It is therefore essential to determine the most appropriate divorce procedure for your situation. The firm will be able to guide you and offer you the solution because divorce is neither an easy decision nor a simple formality. Care must be taken to safeguard your interests and of course preserve the interests of children, where there are any.
a) Divorce by mutual consent
This procedure requires that the spouses agree to divorce. They must also agree on the consequences of their divorce with regard to issues relating to the organization of the children's lives, but also to the various issues related to the sharing of assets. This procedure is the fastest and least expensive. It is possible to hire one and the same lawyer in the context of divorce by mutual consent, which saves money in terms of cost and filing fees.
In some cases, however, the presence of two lawyers is necessary when the stakes are very high, particularly in terms of assets, or when serious disputes oppose the parties. In this context, the intervention of two lawyers makes it possible to resolve conflicts. Organizing a joint meeting can be useful. The firm will be responsible for drafting the documents of the procedure. But, beforehand, Maître Christel LEVASSEUR will have verified that the terms of your divorce are in accordance with your interests, on a personal and financial level, and will also ensure that the interests of your children are safeguarded, if you have any. The divorce will be pronounced by the Family Court Judge. And now there is only one audience.
b) Other divorces
- Divorce accepted
- Divorce for fault
- Divorce for alteration of the marital bond
The divorce procedure will be initiated on the initiative of a spouse with the filing of a petition for divorce that the lawyer is responsible for drafting. At this stage, there is no need to set out the grounds for his divorce petition. Following this request, the two spouses will be summoned to a conciliation hearing held by the Family Affairs Judge. At this hearing, provisional terms will be determined which are intended to apply until the final pronouncement of the divorce. These interim terms are essential. The firm is committed to offering you solutions adapted to your situation. These provisional terms shall in particular organize the life of the children, fix the maintenance and/or financial obligations to be borne by the parties, determine the enjoyment of the property during the divorce proceedings... At this hearing, the spouses have the possibility of accepting the principle of the breakdown of the marriage without consideration of the facts at the origin of it. Following the conciliation hearing, a non-conciliation order will be issued. And the divorce proceedings can continue.
c) Legal separation
This procedure is less common than divorce. It allows the bond of marriage to subsist, as well as the duty of support and the obligation of fidelity... It is put in place when the couple, for religious or age reasons, excludes divorce or expresses doubts about the character final separation. The firm will have to assess whether or not this procedure is appropriate for your situation.
