In urgent cases, notwithstanding Articles 1107 and 1108, the family affairs judge, seised by petition, under the conditions of the second and third paragraphs of Article 840 and of Article 841, may authorise one of the spouses to summon the other spouse to divorce and to a hearing on orientation and provisional measures set within a short period of time.
A copy of the summons must be delivered to the clerk’s office and the defendant must be constituted no later than the day before the hearing. If the summons is not delivered to the clerk’s office, the family court judge will automatically declare it null and void.
On the day of the hearing, the pre-trial judge ensures that sufficient time has elapsed since the summons was issued to allow the other party to prepare its defence.
If the judge does not grant the application, the applicant obtains notification of a hearing date under the conditions of article 1107.