Divorce proceedings are often perceived as long and complex. Understanding the time it takes from writ of divorce to judgment helps you anticipate the length of this crucial stage. Several factors influence this timeframe, including the type of divorce chosen, the workload of the courts and the complexity of your case. This article sheds light on the different phases and average durations.

What is the delay between writ of divorce and judgment?

The period between the filing of a writ of divorce and the final judgment is known as the “delay between writ of divorce and judgment”. This procedure only applies to contentious divorces: divorce for fault, accepted divorce and divorce for definitive alteration of the marital bond. Divorce by mutual consent, on the other hand, requires no summons or court appearance since the 2021 reform. The time limit begins when the bailiff delivers the summons to the defendant spouse, and ends with the judgment handed down by the family affairs judge.

This period encompasses several compulsory procedural stages: service of the writ of summons, exchanges of submissions between lawyers, any investigative measures (expert reports, social inquiries), the pleading hearing and the judge’s deliberation. The duration varies considerably according to the type of contentious divorce chosen. For a fault-based divorce, allow between 18 and 24 months, given the complexity of the evidence required. Accepted divorces generally take 10 to 15 months to finalize, once the spouses have agreed on the principle of separation. Divorce on grounds of permanent impairment of the marital bond requires at least 2 years’ separation before a writ of summons can be served, followed by 12 to 18 months of legal proceedings.

Factors influencing the length of the procedure

The type of divorce chosen

The type of divorce is the primary determinant of the length of time between writ and judgment. Among contentious divorces requiring a writ of summons, fault-based divorce takes the longest, averaging 18 to 24 months. This procedure requires proof of serious breaches of marital obligations (violence, adultery, repeated insults), which necessitates the production of testimonies, bailiff’s reports and sometimes medical expertise. Contentious civil proceedings of this type systematically lengthen the time taken to resolve them, due to their adversarial and conflict-ridden nature.

Accepted divorce, where the spouses agree on the principle of the break-up but not on its consequences, generally takes 10 to 15 months, i.e. around 30% less than a divorce for fault. Divorce on grounds of permanent impairment of the marital bond has a special feature: it requires a minimum of two years’ separation before the summons can even be filed, which automatically prolongs the overall procedure. These three types of divorce account for around 45% of all divorces granted in France.

The burden on the courts

The saturation of family courts has a direct impact on waiting times. In major cities such as Paris, Lyon and Marseille, waiting times can reach 18 to 24 months. Provincial courts generally have shorter waiting times, around 10 to 15 months. This geographical disparity can be explained by the number of cases handled and the number of staff available.

Some courts offer accelerated proceedings on the merits for emergency situations, such as domestic violence or danger to children.

The complexity of the case

If the case involves significant assets, the time required is considerably longer. The need for property appraisals, business valuations or complex bank accounts adds several months to the proceedings. These expert appraisals also generate additional costs, which may justify recourse to legal aid. Disagreements over child custody often require social investigations, which prolong the proceedings, sometimes by a further 4 to 6 months, depending on the availability of social workers.

International situations with assets abroad or questions of jurisdictional competence also complicate processing. Coordination with foreign jurisdictions, translations of official documents and cross-border asset verifications all add to the procedural burden. Each additional expert appraisal or investigative measure adds between 3 and 6 months to the overall timeframe, and in the most complex cases, the total can exceed 30 months.

Chronological stages of the procedure

From summons to first hearing

Once the writ of summons has been filed, the clerk’s office convenes the parties to an orientation and provisional measures hearing (AOMP) within a period of 3 to 8 months, depending on court congestion. Since the reform of January 1, 2021, the former conciliation hearing has been abolished in favor of this new procedure. This hearing enables the judge to set urgent provisional measures and establish the timetable for the proceedings. The judge may still attempt to reconcile the spouses’ positions on child residence, alimony and occupancy of the marital home.

If no agreement is reached, the judge orders provisional measures and sets the timetable for the rest of the proceedings. This initial phase generally lasts between 3 and 8 months, depending on how busy the court is. Since 2020, many courts have been holding these hearings by videoconference, which can facilitate the participation of the parties and sometimes speed up the time taken to convene the hearing.

File review

During the investigation phase, the lawyers put together their respective files. Each party produces its supporting documents, testimonies and quantified claims. This period may require additional expert appraisals ordered by the judge. A standard case usually takes between 6 and 12 months to prepare. Law firms often use a legal platform to centralize and organize all the documents and deadlines involved in this crucial phase.

Exchanges of pleadings between lawyers are subject to deadlines set by the judge. Each party generally has 2 to 3 months to respond to the other’s submissions. This adversarial phase guarantees respect for the rights of the defense. Strict adherence to these deadlines and the quality of our document organization have a direct influence on the fluidity of the proceedings.

Judgment hearing and deliberation

The judgment hearing is the final stage, at which the lawyers make their oral arguments to the judge. This hearing generally lasts between 30 minutes and 2 hours, depending on the complexity of the case. The judge then takes the case under advisement, during which time he or she drafts the judgment. This deliberation period varies between 1 and 4 months, depending on the judge’s workload.

The parties are notified of the judgment by registered mail. An appeal period of 30 days runs from the date of notification. If no appeal is lodged, the judgment becomes final and enforceable.

How to reduce procedural delays

Favoring amicable solutions

Once the writ of summons has been served, it is still possible to reach agreements that significantly speed up the procedure. Switching from a fault-based divorce to an agreed divorce can reduce the time required by an average of 6 to 9 months. This transformation presupposes that the spouses are able to agree on the principle of the break-up, even if disagreements remain over the consequences. Partial agreements on child custody or alimony simplify the proceedings and reduce the number of hearings required.

Family mediation is an effective alternative for defusing conflicts, even after the summons has been filed. The judge can order mediation at any stage of the proceedings to facilitate dialogue between the spouses. A neutral mediator helps the parties to find acceptable solutions to points of disagreement. This approach has a success rate of around 60 to 70%, with agreements reached in 3 to 6 sessions spread over 2 to 4 months. The cost of mediation varies between 100 and 150 euros per session, generally shared between the spouses. An agreement reached after the summons has been served, but before the judgment is handed down, enables the proceedings to be concluded more quickly, transforming a lengthy contentious divorce into a much quicker accepted divorce.

Prepare a complete file from the outset

Assembling an exhaustive file as soon as you are served with a writ of summons speeds up the procedure considerably. Gather all the necessary documents concerning your assets: bank statements for the last three years, title deeds, life insurance policies, pay slips and tax notices. This anticipation avoids requests for additional documents, which can lengthen the proceedings by several months.

This enables your lawyer to draw up complete conclusions from the outset, limiting successive exchanges between the parties. A well-prepared file also demonstrates your seriousness and good faith to the judge, which can favorably influence certain provisional decisions. Don’t hesitate to draw up a detailed inventory of movable and immovable assets to facilitate the work of your counsel.

Strict adherence to procedural deadlines

Failure to meet the deadlines set by the judge systematically leads to postponements of hearings, which considerably prolong the proceedings. Respond to your lawyer’s and the court’s requests on time. Each delay adds several months to the overall procedure, and may even be perceived negatively by the judge. Responsiveness is a major asset in speeding up the processing of your case and demonstrating your seriousness.

Maintain regular, proactive communication with your lawyer. Inform him or her promptly of any change in your situation that could have an impact on the procedure, such as a change in income, a move or a new family situation. Send any requested documents without delay, and remain available for any necessary appointments. This efficient collaboration optimizes case management and enables your lawyer to meet the procedural deadlines set by the court.

The practical consequences of delays

Financial impact of the length of proceedings

The length of the procedure generates significant costs, which increase in proportion to its duration, particularly for legal fees billed on a time-spent basis. On average, a contentious divorce costs between 3,000 and 8,000 euros per spouse, broken down as follows: lawyer’s fees (2,500 to 6,000 euros, depending on complexity and duration), bailiff’s fees for the writ of summons (150 to 250 euros), any property or accounting appraisals (500 to 2,000 euros, depending on type), and court clerk’s fees (around 250 euros). In the event of an appeal, these costs are almost doubled. For people on modest incomes, legal aid remains available on a means-tested basis, with a ceiling of around 1,700 euros per month for full coverage in 2024. A professional legal fees simulator can help you estimate the precise budget required.

Throughout the proceedings, you must continue to meet the household expenses in accordance with the provisional measures set by the judge. This double financial burden weighs heavily on the budget of each spouse, who must both finance the legal proceedings and maintain their daily lifestyle. The post-divorce settlement is a further step, which can also take several months and generate additional costs.

Psychological and organizational consequences

The long wait generates considerable stress for spouses and children. Uncertainty about the outcome of the proceedings complicates personal reconstruction. During the proceedings, you cannot remarry or sell joint property on your own. If you wish to move with your children outside the département where they live, you need the agreement of the other parent or the authorization of the family court judge. These concrete legal limitations have an impact on your ability to turn the page and organize your new life. However, provisional measures can be modified in the event of a significant change in the situation, on reasoned application to the judge.

Day-to-day management becomes complex, with provisional measures that do not always correspond to the ideal situation. This transitional period requires constant adaptation and ongoing communication with the ex-spouse, not least to preserve the children’s equilibrium. The psychological impact on the children can be considerable: they live with uncertainty and perceive parental tensions. Psychological support for you and your children can prove beneficial during this ordeal. Numerous specialized associations and psychologists trained in family mediation can provide the right support to get you through this difficult period.

Optimize the management of your divorce file

Mastering the time between the divorce writ and the judgment requires rigorous preparation and the right legal support. Choosing the right type of divorce for your situation is the first strategic decision. High-performance legal software enables our lawyers to efficiently manage the deadlines and documents involved in your case.

Anticipate the inevitable delays and prepare yourself psychologically for this period of transition. Being transparent with your lawyer and building a solid case from the outset will help you get through this ordeal in the best possible conditions. Don’t hesitate to ask for psychological support if you need it, to help you cope with the stress inherent in this procedure.

Possible remedies and their impact on deadlines

Once the divorce decree has been pronounced, it’s important to know that the proceedings can still be protracted. Indeed, the judgment can be appealed within 30 days of its notification. If exercised, this appeal considerably prolongs the proceedings, with an average of 12 to 18 months added before a final decision is reached. During this period, the appeal court re-examines the entire case file, enabling a second analysis of the disputed elements.

It should be noted that during the appeal procedure, the first-instance judgment generally remains provisionally enforceable, unless the judge has decided otherwise. This means that measures concerning child custody, alimony or the allocation of the marital home continue to apply despite the appeal.

For the most complex or contested situations, an appeal may be lodged after the appeal ruling. This final appeal, which only concerns the application of the law and not the facts, extends the procedure by a further 12 to 24 months. This possibility, although rarely used in divorce cases, must be taken into account in the overall estimate of potential delays.

These successive appeals can extend the total duration of divorce proceedings from a few months to several years, which requires appropriate psychological and financial preparation.