Divorce lawyer in Reims
To contract a marriage or a CIVIL UNION turns out inevitably heavy of consequences because the purpose of a union is not only to establish a common heritage with a third but also to start a family with him.
Whatever is the type of matrimonial system chosen in case of marriage either the patrimonial choices operated during the union (CIVIL UNION), the break with your partner/companion will require a solid legal expertise and a support throughout the procedure to be committed.
Note that in case of divorce other than by mutual agreement, the assistance of a lawyer is compulsory.
It indeed exists, two big categories of divorce: the divorce by mutual consent and the other types of divorce named "dispute".
- The divorce by mutual consent said "DCM": it is a real contract concluded between the spouses. This agreement materializes by a convention, drafted by ourselves in functions of your situation and your wishes and submitted for approval to the judge. For that purpose, it is necessary that you are both absolutely safe of your choice. We also take care with forming the necessary request which will seize the Judge in Family business belonging to the County court (Tribunal de Grande Instance) within the competence of your living place.
This request will allow the Judge to summon you to issue its prescription of non-conciliation and rule on the pronouncement of the divorce and its effects.
Fast and advantageous (a single lawyer for the couple), this type of divorce is however booked for the couples which get on on the principle and on all the consequences to come from the divorce.
In the slightest disagreement, it will be advisable "to tip over" on a type of divorce said "dispute".
According to our professional rules, if you have a change of heart in the course of procedure and decide to pass of a divorce by mutual consent to another type of divorce (see sub-section: the other types of divorce), every spouse will be forced to take a different lawyer.
- Other types of divorces: there are three types of divorce still sometimes collectively called contentious "divorces" as opposed to the divorce by mutual consent.
All three have a common procedural treatment divided into several phases: request initial, attempt at reconciliation, introductory request of authority based on the case of divorce chosen and pronounced by the divorce by the family court.
Each of these fundamental stages will be followed, prepared and formalized by the lawyer.
1) Divorce based on the acceptance of the principle of the break: this type of divorce corresponds to the acceptance by one of the spouses of the petition for divorce of other one. It does not mean that he agrees inevitably to all these consequences, what differentiates him of the divorce by mutual consent (see under part: the divorce by mutual consent). So, it will be advisable for each of the spouses to get in touch with a different lawyer. The Judge will be seized by a request drafted by the lawyer. The article 233, the 1st paragraph, of the Civil code expresses: " the divorce can be asked by the one or other one of the spouses or by both when they accept the principle of the break of the marriage regardless of the facts at the origin of this one ".
2) Divorce basedon the definitive change of the common life: this type of divorce is opened to the couples which have stopped living together for at least two years. The article 237 of the Civil code expresses: " the divorce can be asked by one of the spouses when the conjugal link is definitively altered ". The article 238, the 1st paragraph, pursues : " the definitive change of the conjugal link results from the cessation of the community of life between the spouses, when they live separate for two years during the assignment(summons) in divorce ". All the possible cases of break are possible: desertion of the marital home by one of the spouses, the separation by mutual agreement. No matter that the spouse went to live with a thirdor that he maintained certain relations with his spouse since there is no more cohabitation or emotional intimacy.
3) Divorce basedon the fault
The article 242 of the civil code has a very wide content as for the definition of the fault.
Three elements appear nevertheless to define this frameof interpretation: 1- the husband defendant needs attributable facts; 2- these facts, to be qualified as faults, have to establisha grave violation or renewed by the homework and the obligations of the marriage; 3- these facts have to make unbearable the preservation of the common life.
It will be advisable, from the 1st consultation with the lawyer, to define exactly the facts susceptible to characterize a fault and to report the necessary proofs.
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