Divorce lawyer in Geneva

Frequently asked questions

Separation or divorce: where to start?

If you are not sure you want to divorce, protective measures of the marital union organise the separation (housing, custody, maintenance) without dissolving the marriage. Divorce can then be requested jointly, or unilaterally after two years of separation. The right choice depends on your specific situation — which is exactly what a first consultation is for.

How are custody and maintenance determined?

The judge decides based on the child’s best interests (sole or joint custody, visitation rights) and the parents’ resources for maintenance. Contributions are calculated according to methods established by case law, based on each party’s actual budget. A lawyer helps you prepare a solid, documented file.

What about emergencies (domestic violence, complete deadlock)?

Urgent measures can be requested from the court (interim measures, restraining orders in cases of domestic violence). In case of immediate danger, call the police (117). To organise your legal protection right after, book an appointment without delay — these procedures are designed to move fast.

How long does a divorce take in Geneva?

A divorce by joint petition, with full agreement on every point, is generally settled within a few months of filing. A contested divorce — disagreement over custody, maintenance or the division of assets — frequently takes one to two years, sometimes longer where an expert opinion or an appeal is involved. What lengthens proceedings is rarely the divorce itself but the ancillary points: every agreement reached beforehand is time saved.

How much does a divorce cost, and is there any assistance?

A distinction must be drawn between court costs, set by the court according to the value in dispute, and lawyers’ fees. In Geneva, legal aid may cover all or part of these costs if your resources are insufficient and your case is not devoid of prospects of success. The application is filed with the legal aid registry — we tell you in the consultation whether your situation meets the criteria.

Who keeps the family home during the separation?

The court allocates the use of the home to one spouse as part of the protective measures of the marital union, regardless of who holds the lease or owns the property. It takes into account, in particular, the presence of children and each party’s circumstances. Leaving the home without a prior decision may weaken your position: it is better to seek advice before moving out.

How is occupational pension provision divided?

Occupational pension assets accumulated by each spouse during the marriage are in principle divided equally, up to the day divorce proceedings are initiated. This division is independent of the matrimonial property regime and applies even where only one spouse contributed. It is frequently the largest item in a divorce, and the one most often overlooked at the negotiating stage.

Can I divorce if my spouse refuses?

Yes. Failing agreement, divorce may be sought unilaterally after two years of living apart. Before that period, serious grounds making the continuation of the marriage unbearable must be invoked, which the court assesses strictly. In the meantime, protective measures of the marital union already allow the separation to be organised.

General information for guidance only, not a substitute for individual legal advice. Every situation deserves its own analysis — that is what the consultation is for.