Legal Question in Family Law in France

married in france /divorcing in usa/ wife in France

I am living in NY since Two years,I am a dual citizen

french/us , I married a french woman in France, she is

living in paris .We started a mutual consent divorce

..she did not appeared in court.. so my lawyer applied

for a fault divorce procedure .I am far away My lawyer

DID not give me an estimation of the cost. and ask me

to pay ..1750 usd provision (after already having paid for

the first procedure 2000usd..). We have no asssets, no

kids..i am ready to give up EVERYTHING in France .;it

takes for ever..(TWO years already..)QUESTION: what if

i divorce here (my wife being based in France..) how do

you validate my divorce in France ? Do i need to pay a

lawyer in france to validate my divorce in france, when i

am done (through you in NY) and what is the average

cost for a divorce like mine.;which could be mutual

consent ..thank for your prompt answer.jean-pierre


Asked on 7/07/03, 7:29 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: married in france /divorcing in usa/ wife in France

This is an easy question. I charge $250.00 dollars (US) for an uncontested divorce. If your wife will sign the divorce documents that are prepared (making it uncontested) then your easiest choice is to withdraw the application for divorce in France and then do it here in the US. However, you must withdraw or otherwise dismiss/end the petition for divorce in France or the US/New York court will not accept the petition. You are welcome to a consultation at no charge at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786. My email is [email protected]

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Answered on 7/08/03, 5:50 pm
Michael Markowitz Michael A. Markowitz, PC

Re: married in france /divorcing in usa/ wife in France

QUESTION: can you commence a divorce action in NY with a pending divorce action in France?

Answer: Since you are already in the process of divorcing your wife in France, under NY Law you would not be allowed to obtain duplicative relief by filing for a divorce in NY. The Courts in NY would probably dismiss the proceeding pending the decision from the French Court.

Question: how do you validate my divorce in France?

Answer: You would have to ask an attorney located in France.

Question: What is the average cost for a divorce like mine which could be mutual consent.

Answer: First, there is no mutual consent. Your wife defaulted. If she would have consented to the divorce she would have signed papers. Second, this is not a normal uncontested divorce since there is a prior action in France and since your wife is living in France. Therefore, my suggestion is to place pressure on your attorney located in France to finalize the divorce.

Mike.

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Answered on 7/08/03, 9:28 am
Ronald Sokol Sokol Law Offices

Re: married in france /divorcing in usa/ wife in France

The cost of a divorce by mutual consent in France is quite variable and can range from 5000 FF up to around 15.000 FF, perhaps more. In this area (Marseille-Aix)many lawyers charge as much as 12.000 FF. I agree that your divorce should be exceedingly simple if there are no children and no assets. You can get a default divorce in the U.S. which will allow you to remarry in the U.S. but it's validity in France is never certain. If your wife will agree to the U.S. divorce where she will not have to appear and if your lawyer knows enough to include a specific waiver by your wife of her rights under Articles 14 and 15 of the Code Civil, then she would be bound by the US divorce judgment. I hope this is of some help.

Ronald P. Sokol

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Answered on 7/08/03, 11:20 am


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