---

An American citizen contemplating an eventual divorce proceeding in France will need to understand how such matters are treated in France. The brief summer noted below may provide a useful introduction.

Jurisdiction of French Courts

A local French Family Court Judge (Juge aux affaires familiales) will accept to exercise jurisdiction over a divorce proceeding (a request for divorce) if:

• the family lives within its territorial jurisdiction, or 
• the minor children reside in such territorial jurisdiction, if the husband and wife live separately, or
• otherwise, in the territorial jurisdiction where the respondent spouse resides, or 
• in the event of a joint instituted proceeding, in the territorial jurisdiction of either spouse, if jointly designated. (See Article 1070 of the Code of Civil Procedure or "CPC") 

Such requirements are designed to avoid forum shopping among French husbands and wives which could otherwise unduly disadvantage one of the spouses. These restrictions are also current in the United States where most states require the plaintiff party to be a resident of the state for 6 months or a year prior to the commencement of an action in divorce.

However, if one spouse is French and the other non-French, the French tribunal will accept jurisdiction in France on the basis of Article 14 of the French Civil Code, a scenario too complex to be examined in detail in this brief expose.

It should also be noted that, if an American spouse left the family residence in France and returned to the United States with the intention of bring an action in divorce once the 6 months or one year residency requirement had been met, the spouse remaining in France could would have time to bring a valid action in France thereby giving the French tribunal exclusive jurisdiction over the divorce proceedings.

Commencement of Action in Divorce.

The spouse requesting the divorce files a brief petition with the Tribunal. (CPC Article 1106) 

Basis on which to Institute Divorce Proceedings 

There are currently four French forms of divorce proceedings and it is important to make the right choice at the beginning. The law may shortly be revised and modernized. But, for the moment, the four forms of divorce proceedings are the following:

• Joint request ("divorce sur demande conjointe des époux")(CPC Articles 1088 et seq. and Civil Code Articles 230 to 232), 
• Request on the basis of breach of the communal life during a period of 2 or more years under the new 26 May 2004 law (See old law at CPC Articles 1123 et seq. and Civil Code Articles 237 to 241 which required a 6 year minimum), 
• Divorce for fault (CPC Article 1128 and Civil Code Articles 242 to 245), and  
• Divorce by request of one spouse and acceptance by the other spouse (CPC Articles 1129 et seq. and Civil Code Articles 233 to 236).

Reconciliation Proceeding

The Magistrate hearing a divorce proceeding has a statutory duty to facilitate reconciliation. (Civil Code Article 251and CPC Articles 1074, 1108-1110). In practicality, this means that the Magistrate will on the same day first meet one at a time with each spouse in chambers without the presence of legal counsel. Immediately thereafter, the spouses and their respective legal counsels (if any) will meet with the Magistrate who will again ask each of the parties if they wish to reconcile. Assuming that  both of the parties are not willing to reconcile, that phase is ends and the Magistrate will  render a written decision containing the finding that reconciliation is not possible (CPC Article 1111).  Naturally, if the situation is less clear, there can be further hearings on the issue of reconciliation.

Additional Information

This informational note will be expanded to address at least the following situations and/or issues: 

• the advantages, disadvantages and limitations of the four forms of divorce proceedings, 
• timing and frustrating delays, 
• temporary and final child custody, 
• temporary and final child support, 
• removal of the children from France prior to a final decision of the Tribunal or a Court of Appeals, 
• lump sum compensation to an aggrieved ex-spouse, 
• allocation of marital assets and the role of not only legal counsel but also a French "Notarie", 
• role of the neutral "expert" appointed by the Magistrate and the experts report to the Magistrate.
• special discovery problems when marital assets may include American Social Security and other American retirement  benefits and assets, 
• other issues of proof given the fact that American-type pre-trial discovery procedures are not available in France,  and
• other issues of proof in a legal system without oral testimony and cross examination.