What are the major steps of litigious divorce proceedings?

What are the major steps of litigious divorce proceedings?

1. Motion for divorce 

It is the procedural act by which one of the spouses initiates the divorce proceedings.

At this stage, the application does not indicate either the legal basis of the application for divorce or the facts giving rise to it. During this first phase of the procedure, the spouses will try to conciliate.

The motion contains the demands for provisional measures (child custody, temporary financial support etc.).

These temporary measures will thus regulate the transitional period between the conciliation hearing and the divorce.

It is also at this stage that the spouse asks for urgent measures to solve the most conflicting aspects of the divorce (possession of assets or assets, impediment to the right to visit children, etc.).

2. Conciliation hearing

  1. After filing a motion for divorce, the spouses will receive a convocation before the Judge for family affairs for a conciliation attempt hearing.At the end of this hearing, the Judge for family affairs pronounces a non-conciliation order, which sets out the provisional measures to organize the separation of spouses: separate residence of spouses, fixing of a compensatory allowance as a duty of relief, fixing the habitual residence of children, etc.