ExpertLaw.com Forums

Divorce from a French Citizen

Printable View

  • 09-04-2010, 07:40 PM
    Ethel Jane
    Divorce from a French Citizen
    My question involves divorce in the State of: Rhode Island

    Two years ago I married a French citizen. He could not adjust to life in the USA and last February he returned to France for a visit. By May he decided to remain in France and we agreed to divorce. I have two questions:

    1. How do I begin divorce proceedings when he does not wish to return to the USA?

    2. We have no children, but during the marriage (mostly due to the marriage) I have suffered financially and am now in debt. He has recently sold some property in France and I have asked him to help me get back on my feet with a small settlement. If he refuses, do I have any legal right to request help in paying bills incurred during our marriage, especially since his assets are all overseas?
  • 09-04-2010, 07:57 PM
    Dogmatique
    Re: Divorce from French Citizen
    1. You can file in RI but eventually he'll need to be served, even if it's by publication. You'll want an attorney to help you with this.

    2. You can ask, but your chances of receiving a judgement and then collecting anything are virtually nil.
  • 09-05-2010, 02:25 AM
    Ethel Jane
    Re: Divorce from French Citizen
    Thank you for your response. We are on relatively good terms so I am hoping that he will voluntarily help me out. I was also wondering that since we are still married and he inherited this house during our marriage if I have any rights at all as his wife under French law. Meaning, how is a marriage that took place in the USA seen in the French legal system, other than the fact that he cannot marry again until we are divorced?
  • 09-05-2010, 11:33 AM
    Dogmatique
    Re: Divorce from French Citizen
    US law has jurisdiction; French law would not apply unless the divorce was actually filed there (which he would have to initiate being that you're still in the US).
  • 09-05-2010, 12:16 PM
    Mr. Knowitall
    Re: Divorce from French Citizen
    French law would apply to the division of assets over which the domestic court lacks jurisdiction, including real estate in France. It's not clear to what extent any assets that might be part of the marital estate are presently located in France.
    Quote:

    Quoting Rhode Island General Laws, § 15-5-16.1 Assignment of property.
    (a) In addition to or in lieu of an order to pay spousal support made pursuant to a complaint for divorce, the court may assign to either the husband or wife a portion of the estate of the other. In determining the nature and value of the property, if any, to be assigned, the court after hearing the witnesses, if any, of each party shall consider the following:
    (1) The length of the marriage;
    (2) The conduct of the parties during the marriage;
    (3) The contribution of each of the parties during the marriage in the acquisition, preservation, or appreciation in value of their respective estates;
    (4) The contribution and services of either party as a homemaker;
    (5) The health and age of the parties;
    (6) The amount and sources of income of each of the parties;
    (7) The occupation and employability of each of the parties;
    (8) The opportunity of each party for future acquisition of capital assets and income;
    (9) The contribution by one party to the education, training, licensure, business, or increased earning power of the other;
    (10) The need of the custodial parent to occupy or own the marital residence and to use or own its household effects taking into account the best interests of the children of the marriage;
    (11) Either party's wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration; and
    (12) Any factor which the court shall expressly find to be just and proper.
    (b) The court may not assign property or an interest in property held in the name of one of the parties if the property was held by the party prior to the marriage, but may assign income which has been derived from the property during the term of the marriage, and the court may assign the appreciation of value from the date of the marriage of property or an interest in property which was held in the name of one party prior to the marriage which increased in value as a result of the efforts of either spouse during the marriage. The court also shall not assign property or an interest in property which has been transferred to one of the parties by inheritance before, during, or after the term of the marriage. The court shall not assign property or an interest in property which has been transferred to one of the parties by gift from a third party before, during, or after the term of the marriage.

    (c) The assignment of property, if any, to be made shall precede the award of alimony, since the needs of each party will be affected by the assignment of property, and once made in a final decree shall be final, subject only to any right of appeal which the parties may have. Any assignment made by the family court shall be regarded as a judgment for debt so that suit may be brought or execution may issue on the debt for the property due and undelivered, or the amount due and unpaid to be shown by affidavits of the person entitled to the property and the attorney of record of the person, the executions to run against the goods and chattels of the husband and wife, as the case may be; and the court may make all necessary orders and decrees concerning the suits or executions.

  • 09-05-2010, 12:36 PM
    Ethel Jane
    Re: Divorce from French Citizen
    It is all a little confusing to me. While in the USA we agreed to split the bills 50/50, with me at a minimum wage job and him as an artist. We used 2 flats, with one being used as his studio. Everything (bills, etc) was in my name since I am the US citizen. I told him outright that the bare minimum we would need to afford the two flats was $3000 a month and I could only afford half. He contributed, but never over 1000 a month and I fell behind on everything. When he went to France to "visit" he sent me $1000 in February and about $600 in March. After that we agreed to divorce and he has sent me nothing, saying that he felt guilty for abandoning me with all the bills, but that he was broke. I have since given up one of the flats since obviously I do not need an art studio, but I still owe money for utilities from when we were together. The house that he is selling (being sold this month) is worth a considerable amount of money. I am not looking to profit at all, I just want to get back to where I was financially (meaning, living simply and paying my bills) before our marriage. He offered to pay for the divorce (I literally have nothing), but whether he helps me otherwise could go either way...
All times are GMT -7. The time now is 02:23 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved