Divorce online: what you need to know about the procedure
Recently, it is possible to divorce on the internet. This new approach aims to simplify and speed up divorce proceedings. Couples who so wish can therefore choose to separate online either amicably or legally.
Le divorce online corresponds to a faster and more accessible method, because it does not systematically require the presence of a lawyer. In this article, we will cover some essential points and explain how to proceed to file for a divorce online.
The different types of divorce
There are two main types of divorce: divorce by mutual consent, also called amicable divorce or no contest, and the contentious divorce. These two types of procedure can be carried out on the Internet via specialized services offered by the Ministry of Justice.
Divorce by mutual consent
Divorce by mutual consent is the easiest type of divorce to obtain. The procedure is done on the internet, without going through a lawyer or before the judge. The couple must first complete an online divorce application form. Once the file has been transmitted and accepted, the couple will then have to wait 15 days to confirm their mutual agreement. After this step, the divorce is recorded.
When the couple cannot find common ground, the divorce process becomes more complicated. It is then a disputed divorce that should be dealt with before the family court judge. Here again, the process is mainly done online. One of the two spouses must make a request and provide supporting documents. Note that the court can impose a solution on the couple if they cannot agree.
What are the necessary documents?
To start an online divorce procedure, it is necessary to gather certain documents, some of whose information may vary depending on the type of divorce chosen. Here is the list of documents to provide:
- An ID ;
- A marriage certificate (if the couple is married);
- A PACS certificate (if the couple is bound by a PACS);
- An act of early recognition (in the event of the birth of children);
- Bank statements dating from the previous 3 months;
- A salary certificate (for employees);
- A tax opinion for the last 3 years;
- A family booklet;
- A copy of the maintenance obligations (if established).
Les for malités administratives
Once the documents are gathered, the couple must complete the administrative formalities. To do this, it is necessary to connect to the website of the Ministry of Justice and create a personal account. Once the account has been validated, the couple will be invited to complete an online form. You must indicate your surname, first name and address, as well as those of your spouse.
You will then be asked to provide the previously mentioned documents and to sign all the documents digitally. For this, you will need to bring an identity card and a bank card.
online divorce process
Once all the documents have been sent, the court will review the file and decide on the divorce. If the divorce is accepted, an email will be sent to the interested parties to confirm its validation. The whole procedure usually takes place quite quickly, since it can take between 4 and 6 weeks.
Finally, please note: online divorce is only valid in mainland France and Corsica. Including for French couples abroad, the procedure must be carried out by post or court.
A few tips
Before starting the online divorce procedure, it is important to remember a few important points:
- Although online divorce is simpler and faster than a traditional divorce, it is advisable to use the services of a lawyer to obtain information specific to each situation.
- It is recommended to keep all original documents during the procedure. In particular, the family book, which will prove the change of situation.
- In the context of a litigious divorce, it is essential to respect the deadlines set by the court. It is therefore advisable to find out about the deadlines set by law.
- If children are involved in the procedure, this will have to be taken into account when you draft the divorce contract.
If you decide to divorce by internet, know that this procedure is totally legitimate and recognized by French law. It offers several advantages: simplicity, speed and financial accessibility. Nevertheless, it is strongly advised to use the services of a lawyer to ensure that all the documents are properly completed and that the deadlines are respected.