How do I get a divorce in Tunisia, and how much does it cost?

Answer by the AvoConsulte editorial team

In Tunisia, a divorce can only be granted by a court, and a wife can ask for it just as a husband can. The case is filed with the court of first instance for the area where the other spouse lives. Your petition must state the form of divorce: by mutual consent, for harm (which you must prove), or by unilateral will, with no reason required.

The steps

• Your husband is summoned by a bailiff.
• Conciliation before the family judge: one hearing if you have no children.
• If conciliation fails, the judge orders urgent measures on housing and maintenance, and on custody and visiting if there are children.
• The court grants the divorce after a two-month reflection period before the pleadings, and rules on its effects, including compensation in a divorce for harm or by unilateral will.

What does a divorce cost?

There is no single fee; the cost is made up of several items:

• Lawyer's fees: agreed with the lawyer, they vary with how complex the case is. A lawyer is optional at first instance, but mandatory before the court of appeal and the Court of Cassation.
• Bailiff's fees for the summons, then for serving and enforcing the judgment.
• Court costs, registration and stamp duties, and expert fees if an expert is appointed.

If your income is limited, you can apply for legal aid to the committee sitting at the court of first instance. It can cover bailiff's and expert fees, lawyer's fees where a lawyer is mandatory (on appeal, for instance), and exempt you fully or partly from registration and stamp duties.

Ask the lawyer at the first meeting for an estimate of fees and costs, and choose together the form of divorce that suits your situation.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. إيداع قضية طلاق بوابة الخدمات الإدارية – إدارتي
2. Code du Statut Personnel – Livre II. Du divorce (art. 29 à 33) Jurisite Tunisie
3. الإعانة العدلية وزارة العدل – الجمهورية التونسية