Family and couples · Divorce · one-year rule
Divorcing in France without your spouse’s consent: counting the year apart
You can divorce in France without your spouse’s consent. Divorce for definitive breakdown of the marriage (article 238 of the Civil Code) requires the spouses to have lived apart for one year. The year is assessed at the date of the divorce request when the summons states this ground, and at the judgment otherwise. The judge looks at evidence of separation, not at the other spouse’s agreement.
- Official texts cited
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General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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My spouse will not hire a lawyer: can the case still go ahead?
Yes. The spouse served has fifteen days to appoint a lawyer. Otherwise the case continues and the judge rules on the petitioner’s evidence alone, checking for themselves that the year is complete.
Read the referencesYour spouse refuses to divorce: I can work out with you the date your year apart will be complete.
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From what date is the year of separation complete?
Enter the date your shared life ended and how the petition will be drafted: the calculation gives the day the year is reached.
Fictional example · your year of separation
The year is reached by the petition date: the claim can rely on definitive breakdown of the marriage.
- Shared life ended
- 1 September 2025
- Year reached on
- 1 September 2026
- Petition planned for
- 2 November 2026
A calculation under article 238 of the Civil Code. A fault claim made at the same time removes the one-year requirement.
Is it one year or two years apart before you can file?
One year. Since 1 January 2021, the marriage is definitively broken down when the spouses have lived apart for one year at the time of the divorce petition. The period was two years before that reform.
This divorce can be sought by one spouse alone: the other’s agreement is not needed. Each spouse must be represented by a lawyer.
Code civil, article 238Code civil, article 237Service-public: the court divorce procedure
When does the year start and stop counting?
It depends on the petition. If it states the ground, the year must be complete on the day of the petition. If it is filed without a ground, the period is assessed on the day the divorce is pronounced, so the separation keeps counting during the case.
When a fault claim is made at the same time, the judge examines it first; if fault is rejected, the divorce is granted for definitive breakdown without the one-year requirement.
Code civil, article 238Code civil, article 251Code civil, article 246
Which date applies to your situation?
| Situation | When the year starts | Basis |
|---|---|---|
| Petition stating the ground | The year must be complete on the petition date | C. civ., art. 238, para. 1 |
| Petition without a ground | The year is assessed on the day of judgment | C. civ., art. 238, para. 2 |
| Fault claim made at the same time | No one-year requirement if fault is rejected | C. civ., art. 238, para. 3 and 246 |
| Shared life resumed | The period restarts from the new separation | Service-public F10568 |
Code civil, article 238Code civil, article 246Service-public: divorce for definitive breakdown of the marriage
Can you count as separated while still living in the same house?
Service-public considers that occupying two parts of the same home is not enough: separation normally means separate homes. If you stay under one roof for practical reasons, keep proof of what shows your shared life has ended, and check with your lawyer before filing.
Service-public: divorce for definitive breakdown of the marriage
What proof of living apart will a French judge accept?
Separation can be proved by any means: a new lease or purchase deed, energy bills at another address, separate tax returns, letters sent to the new home, statements from family or friends written under the Code of Civil Procedure rules.
Date the first document as precisely as possible: it sets the start of the year.
Code de procédure civile, article 202Service-public: divorce for definitive breakdown of the marriage
How can the spouse who refuses respond?
They cannot block the divorce once the year is reached. They can dispute how long you have been apart, file for a fault divorce themselves, which then lets the petitioner rely on their faults too, and argue the consequences of the divorce, such as a compensatory allowance.
If they filed no divorce claim of their own, they can obtain damages for consequences of particular gravity, within the divorce case.
What does article 238 of the Civil Code say?
L’altération définitive du lien conjugal résulte de la cessation de la communauté de vie entre les époux, lorsqu’ils vivent séparés depuis un an lors de la demande en divorce. Si le demandeur a introduit l’instance sans indiquer les motifs de sa demande, le délai caractérisant l’altération définitive du lien conjugal est apprécié au prononcé du divorce. Toutefois, sans préjudice des dispositions de l’article 246, dès lors qu’une demande sur ce fondement et une autre demande en divorce sont concurremment présentées, le divorce est prononcé pour altération définitive du lien conjugal sans que le délai d’un an ne soit exigé.
In plain English: The marriage is definitively broken down once the spouses have lived apart for one year at the time of the petition; with no ground stated, the year is assessed at judgment; with a concurrent claim, no year is required.
What else do people ask?
My spouse will not hire a lawyer: can the case still go ahead?
Yes. The spouse served has fifteen days to appoint a lawyer. Otherwise the case continues and the judge rules on the petitioner’s evidence alone, checking for themselves that the year is complete.
Service-public: the court divorce procedureService-public: divorce for definitive breakdown of the marriage
Can the refusing spouse claim damages?
Yes, if they filed no divorce claim of their own and suffer consequences of particular gravity. The claim must be made within the divorce case, not afterwards.
Can you file for divorce without stating a ground?
Yes. The petition may leave the ground out; the year is then assessed on the day of judgment. For a fault claim, the petition must in fact state neither the ground nor the facts.
Code civil, article 251Code de procédure civile, article 1107Code civil, article 238
Does moving back in for a few weeks reset the clock?
According to service-public, yes: resuming your shared life wipes out the time already counted, and the year runs again from the new separation.
Service-public: divorce for definitive breakdown of the marriage
Can a foreign national file for this divorce in France?
Yes, if the French courts have jurisdiction, for example when the petitioning spouse has lived habitually in France for at least one year before filing. The applicable law is then set by the Rome III Regulation.
Which texts is this guide based on?
- Code civil, article 238Légifrance
- Code civil, article 237Légifrance
- Code civil, article 251Légifrance
- Code civil, article 252Légifrance
- Code civil, article 266Légifrance
- Code civil, article 247-2Légifrance
- Code civil, article 246Légifrance
- Code de procédure civile, article 1107Légifrance
- Code de procédure civile, article 202Légifrance
- Regulation (EU) 2019/1111, article 3EUR-Lex
- Service-public: divorce for definitive breakdown of the marriageService-public.fr
- Service-public: the court divorce procedureService-public.fr
Texts cited last checked: 17 October 2026