Divorce proceedings are not easy to understand anywhere in the world, especially in France. Divorce en France is a complicated set of rules, laws, and stipulations that need to be followed to the letter in order to obtain a divorce. This is especially evident when there is a divorce child custody issue to be resolved.
Divorce proceedings in France are far different than anywhere in the world as there are so many options to work with. There are matters of consent, fault and life that all need to be determined.
Divorce en France can bring into play all of the duties that put upon a husband and wife in any marriage. A failure by any party on marital duties can result in divorce proceedings leaning in favor of either spouse. This can be something simple or very complicated. The person filing for the divorce en France is required to prove the failure of their spouse in the matter of marital duties. This can prove quite difficult unless you have several witnesses to the alleged failures. There are also moral issues that have to be considered when filing this type of divorce proceedings.
Divorce child custody issues are major business when it comes to divorce proceedings in France. The judge has the option to deny a divorce if the act will cause severe mental distress to minor children from the marriage. This can bring many legal issues that need to taken care of including but not limited to counseling. The judge may order the couple to counseling to try and work out problems before he/she issues a decree of divorce.
Divorce proceedings in France also have stipulations regarding the remarrying of one or the other person involved in the divorce. According to law, a person who has become divorced must wait at least 300 days before remarrying. There are several exceptions but they are hardly used in the courtrooms. A judge can also order a longer hiatus on remarrying if the possibility of harm to the children could come from the marriage.
Divorce child custody issues are also fairly complicated when it comes to the end of a divorce en France. Custody can be awarded to either parent or a third party as deemed fit by the judge. Several issues of counseling for the parents and children also must be decided. The judge has the power to institute a minimum number of hours of counseling for both parents and children if it is shown that counseling may ease the transition after the divorce. This is strictly under the purview of the judge and cannot be over ruled.
Outside of the differences named above, the divorce proceedings for France are fairly straightforward. The judge must decide whether both parties have met the burden of proof when a contested divorce is brought before the court. While a divorce that is agreed upon by both parties is far more simple, it can still take a large amount of time. It is best to let a lawyer handle your divorce as acting as your own lawyer can make things more difficult and time consuming for everyone involved. Do your research though when you are thinking of hiring a lawyer so that the process can go as quickly as possible.