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How to find a local lawyer for an inexpensive amicable divorce?

· par Prim.net ·6 min de lecture
How to find a local lawyer for an inexpensive amicable divorce?
In this article, we will explain to you how to find a local lawyer at a reasonable price as part of a amicable divorce. It can still be useful...

What are the advantages of amicable divorce?

Avoid the intervention of civil courts THE divorce by mutual consent allows to settle the divorce through a contract and therefore not to involve the civil courts. It is left to both parties to settle the terms of the breakup and the consequences that result from it. It should be noted that the judge will still have to validate the procedure, but this is often an administrative formality. It is not necessary to mention the reasons, to involve testimonies or to justify oneself: amicable divorce is the solution that the State wishes to promote to avoid congestion in the high courts.

Cost of the amicable divorce procedure?

Even in the case of a amicable divorce, the intervention of a lawyer is mandatory. On the other hand, it is possible for the parties to choose the same lawyer and therefore to divide the costs of the procedure. Unless there is strong alignment of the parties (which is rare), it is still advisable to each have their own lawyer. As the procedure is much shorter, the costs are lower than for other types of termination of the marriage contract.

Speed ​​of the procedure Those who have gone through this ordeal know what I am talking about (average procedure lasting around one year in France in 2012). Dealing with a divorce in court is long and painful. No legal constraints to initiate the procedure No minimum duration of marriage, no constraint on the legal framework of the 2 parties

The disadvantages of amicable divorce

This procedure assumes an acceptable level of communication between the parties These are the spouses who will have to establish the consequences on all levels, finances, child custody, child visits, divorce. It is enough for one of the points to generate disagreement for proceedings before the court to be necessary. Before using a lawyer for divorce, it is therefore preferable to discuss the conditions of your spouse. It is relatively quick to see if, on the major subjects which are generally alimony, compensation, child custody, disputes exist. Significant involvement of the parties in the drafting of the agreement Unlike divorce judged by a high court, amicable divorce implies that the parties validate all the elements of the contract. This involves a significant investment of time. It is also about ensuring that the interests of both parties are equally respected.

Amicable divorce statistics

We live in a consumer society, and the individualism that exists is a direct consequence of this. For the vast majority of adults today, divorce is a stage of life like entering university, buying an apartment, the birth of a child, etc. We may regret it but here are the facts in figures:
  • Types of divorce in 2011
~ 45% divorces due to fault (the most difficult and long type of marriage) ~ 15% of other conflictual divorces (accepted divorce, or by definitive alteration of the marital bond) ~40% amicable divorce
  • Divorces due to fault in 2011
Husbands are found guilty in 4 out of 5 fault-based divorces Women are blamed in 1 in 5 fault-based divorces 98% of compensatory benefits are paid by the spouses
  • Divorce history
1924: ~20,000 divorces per year 1970: ~40,000 divorces per year 2000: ~110,000 divorces per year 2005: ~152,000 divorces per year 2011: ~ 133,000 divorces per year (and yes!, the crisis has brought some sanity back to couples…) (Ministry of Justice) The proportion of divorces after less than 3 years of marriage increased by 50% between 1998 and 2003.
  • Divorce rate
It is very difficult to obtain these figures because you can only tell them after years have passed. Over 12 years, the figures are as follows: For marriages from 2000, ~45% For marriages from 1985, ~30% For marriages from 1970, ~10% For marriages from 1914, ~5% There are on average 250,000 marriages per year, or twice as many marriages as divorces. The length of marriage for people who divorced in 2009 is 12 years
  • Women and divorce
82% of the time custody of children is granted to the mother 65% % of the time the couple's residence is granted to the mother Average age for women: 42 years (45 years for men) 3 times out of 4, the woman initiates the procedure 68% of women who divorce have professional income Those who benefit: real estate agents and furniture sellers!
  • children of divorce
1.6 million children live in stepfamilies Around 600,000 people live with their partner's children About 60% of divorces involve minors Read also: Parental monitoring application: it is to protect your children above all

How to divorce with a local lawyer

There are 4 procedures for divorce in France in 2012. Here is a presentation of these means in order of simplicity of the procedure:

  • Amicable divorce also called divorce by mutual consent (first part of the article)

  • Divorce accepted

When? Accepted divorce is used when the married couple agree on the principle of divorce but not on the consequences (alimony, compensatory allowance, child custody, etc.).

Which procedure is suitable for your divorce?

Unlike amicable divorce where the parties agree on the agreement BEFORE meeting the judge and filing for divorce, the parties file for accepted divorce without having to prepare a document. It is the judge who will pronounce the consequences of the divorce during his judgment, once the necessary hearings have been completed. Duration? Longer than the amicable procedure, it takes one year on average and depending on the activity rate of the competent TGI

  • Divorce for definitive alteration of the marital bond

When? This is a simpler procedure than accepted divorce which allows you to request divorce after a period of separation of more than 2 years What procedure? This procedure is longer and more complicated than accepted divorce in the sense that one of the parties does not wish to divorce. In addition to the elements to be put in place for the accepted divorce, the party wishing to divorce must provide proof that the marital bond is definitively broken. Duration? More than a year on average, long procedure because one party must provide proof of the end of the marital bond

  • Divorce due to fault

When? When a party can and wishes to prove the fault (most often adultery) of their spouse. In general, divorce for fault is accompanied by significant claims on the consequences of the marriage (compensatory benefit, child custody, alimony, division of assets, etc.) What procedure? Unlike amicable divorce, the procedure in which one party proves the fault of the other, while the other will seek to justify himself. One of the parties may not even agree on the principle of divorce. Duration? This is the longest procedure, more than a year.

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