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Divorce and carte de sejour

9.2K views 20 replies 5 participants last post by  Eagle-Bear  
#1 ·
I really need some advice. I married a man whom I truly love and move to France quite recently. I came because he assured me that he wanted to build a life with me. We're both pretty young and since I have come here, he has suddenly decided that marriage is not for him. He still loves me and everything, but just want the responsibility of being married. Ok, now you tell me! After I leave my home, family and friends... Anyway, the bottom line is that I am here now. There is nothing for me back home. I would like to stay and give it a go, even if it's on my own. Everyone says this is newly wed jitters and he'll change his mind. But, I'm the proactive type. He has sworn that no matter what, he will see me through to my ten year carte de sejour and even naturalization if I'd like. But honestly, I just got my first carte and that's a good three years down the road. So... what would happen if he did decide to divorce me now? Does anyone know how I could find out what my rights might be in this situation. I never in a million years thought I would find myself in this situation.... If I did, I would have not sold off my life and move here. If anyone knows anything, I'd be grateful. I'm kind of in shock over the whole thing and I don't know what to do.... thanks. :(
 
#2 ·
OK - at the moment you're married and you have your first carte de séjour. That probably means you signed one of those contracts of integration - and depending on your situation, you probably have to take your "French culture" classes and possibly language classes. Renewal of your carte de séjour depends on your attending these classes and demonstrating a basic knowledge of the French language.

As far as I know, you have to remain married a certain period of time (used to be 2 years, but that may have changed) before you are entitled to remain in France should you get divorced from your French spouse. You also need to consider your property arrangements - if you didn't have a contract before you married, you'll probably be considered to be under the default regime, which means you are entitled to one-half of all earnings and acquisitions during the period you are married.

If he's serious about standing by you through naturalization, be aware that once your French citizenship comes through, you must remained married for at least two more years.

For starters, if you read French reasonably well, get one of those home legal guides (L'Avocat Chez Vous or any similar guide to law and finances) and read up on marital property rights and obligations, as well as divorce terms. French law is very picky in this area, and in your situation it would be very easy to make a huge mistake.

You may want to contact your local consulate to see if they have any information available for their nationals regarding marriage and divorce in France.
Cheers,
Bev
 
#3 ·
Thank you!!!!

Thank you very much! I have already done all the intergration classes required since I signed the intergration contract and I have all the attestations necessary. I do speak and understand French very well and I am now persuing a degree in the advance knowledge of French (DALF) and I am looking for work. I will definitely pick up one of those books today. He has promised to help me, but I know that it could be a long process and he could change his mind. The only thing it seems that is a certainty in life is that things will change (for the better or the worse). I'm really scared because my options are a bit limited, but your advice has pointed me in the right direction. Thank you so very much!


-Fifi
 
#4 ·
Fifi...I realize you wrote this about 2 years ago but I find myself in a similar situation and Id like to find out how it worked out for you? Actually my husband isn't the one who decided he wants a divorce, the problem is that I discovered some very disturbing information that I simply can not accept. In my case, I quit my high paying job in the states and moved both myself and my daughter (from a previous marriage) to France in June of 2010. My husband and I have been married for almost 3 years (we were married in the US). Any advice you can offer would be greatly appreciated. We purchased an apartment together in December of 2010. My problem is he is looking to divorce immediately and sell our apartment. I told him I am willing to buy him out but he refuses. I have been divorced before and I am not interested in picking up my life and the life of my daughter to start all over again. I feel it is unfair since it is he that destroyed our marriage. I am content to stay in France and build my life where we are planted. Any advice that you can share would be greatly appreciated.

Kind regards,

A
 
#5 ·
Fifi...I realize you wrote this about 2 years ago but I find myself in a similar situation and Id like to find out how it worked out for you? Actually my husband isn't the one who decided he wants a divorce, the problem is that I discovered some very disturbing information that I simply can not accept. In my case, I quit my high paying job in the states and moved both myself and my daughter (from a previous marriage) to France in June of 2010. My husband and I have been married for almost 3 years (we were married in the US). Any advice you can offer would be greatly appreciated. We purchased an apartment together in December of 2010. My problem is he is looking to divorce immediately and sell our apartment. I told him I am willing to buy him out but he refuses. I have been divorced before and I am not interested in picking up my life and the life of my daughter to start all over again. I feel it is unfair since it is he that destroyed our marriage. I am content to stay in France and build my life where we are planted. Any advice that you can share would be greatly appreciated.

Kind regards,


A
To understand how divorce works in France:European Commission - European Judicial Network - Divorce - France

There's another site which I'm not allowed to mention but it's for Anglos and provides Information on divorce. (Do a google search).

To avoid lawyers taking you to the cleaners, the most advantageous way to divorce is by mutual consent (divorce par consentement mutuel), assuming this is possible in your case.

Good Luck
 
#8 ·
Bev,

I'm new here, first timer.

My situation:

My wife is French and I am an American. We are divorcing peacefully and smoothly. It's not messy just a cut and dry divorce, no kids, no vehicles,no property and no disagreements between my wife and I. 50/50 divorce.

Question:

I do have my 10 yr Titre de Sejour. It expires 2015 ( have about one year left). Will I be allowed to live/work in France post-divorce?

What do I have to do to remain in France? Do I have to tell the divorce lawyer/judge that I would like live/work in France? Would it help me if my wife let the lawyer/judge know before the final divorce that I plan to stay and live/work in France? Equally as important, would I be able to renew my Titre de Sejour before it expires in 2015?

I'm on vacation and my wife has just filed for divorce about a week ago while I was here in Texas. If I momentarily stay in Texas for 6 months will it affect my chances of remaining in France?

I've contacted the French consulate here in Houston about my Titre de Sejour/Divorce and the representative said I should be able to stay in France post-divorce and that it's logical.

Can you help in any way with my plight? If you can provide me a link that explains that a person (American) could live/work in France on the 10yr Titre de Sejour that'd be great, too. I don't know how all of this works.

Thank you so, so much Bev in advance!

- Eagle-Bear
 
#9 ·
Should not be a problem. Once you have your 10-year carte, you are subject to different rules about renewing your residence permit:

Renouvellement de la carte de résident ou "résident de longue durée - CE" - Service-public.fr

To renew an annual card, you have to show that the conditions of your original card are still valid. But once you have the 10 year card, they are supposed to renew it as long as you haven't committed a major crime or left the country/EU for an extended time during the term of your last 10 year card.
Cheers,
Bev
 
#10 ·
Thanks so much for the info. and quick response, Bev!

My wife and I did move to the States in 2005 and we returned in 2011. When we moved back to France I went to prefecture to give them the new french address. I never got in trouble with the Law USA or France but as I was living in States with my wife will that be a problem?

The place for me to go to is the Prefecture, right?

Thank you, again for your help, Bev:)

- Eagle-Bear
 
#11 ·
Oh, just a side note. When I had arrived back to France after living in the States for 6 years...I registered my documents to the Prefecture that I was back in France.

I was able to work for a 2 month mission in Paris...so, as I was able to work even for those 2 months that means my Titre de Sejour is in good standing right? I mean, the 6 yrs in the States shouldn't have an affect, no?

Sorry, I'm a bit nervous when I read about having lived away for an extended period of time. I would like to have peace of mind.

Merci beaucoup!

- Eagle-Bear
 
#12 ·
Read through the requirements for renewing the carte de resident. You have to swear out a statement indicating that you have not been resident outside France and/or the EU for more than a certain period during the term of your last carte de resident. While there isn't lots of "enforcement" of the 10 year card requirements, the place you are most likely to get caught/tripped up is on renewal.
Cheers,
Bev
 
#13 ·
Hi Bev, This is positive news for me as it gives me hope! I'm wondering if it'll help my case if my wife tells the lawyer/judge that I'd like to renew my card when it expires. Anything thing to keep the hope alive, you know?

Cheers,

- Eagle-Bear
 
#14 ·
Not sure how telling a judge in the US that you want to renew your French residence card could possibly help. Immigration policies are very much the preserve of the individual countries. And, as you will see from many threads here on the forum, it can all boil down to how hard nosed your local prefecture wants to be when it comes to renewing your card.
Cheers,
Bev
 
#15 ·
Just curious, if I happen to remarry an other french citizen would I be able to renew my Titre de Sejour? Of course, I have no intentions in taking advantage of the system. I just want to be in the know.

Also, when I'll be living/working in France would it be possible to pay a french lawyer to have my Titre de Sejour renewed if I was not married? I would like to know if that would be an option because, I'd be willing to pay 5,000 Euros if I have to.

Thank you for all the help, Bev!

- Eagle-Bear
 
#16 ·
I'd strongly advise against getting a French lawyer involved in any attempt to renew your titre de séjour. When I was having my immigration problems I got the distinct feeling that involving an attorney was frowned upon as one of those "anglo-saxon" approaches to the issue.

If you marry another french citizen, you'd be entitled to a spouse visa, but I suspect you'd have to start over again to work up to a 10-year card.
Cheers,
Bev
 
#17 ·
Would I be able to keep my Carte Vitale (the green medical card) after my divorce? I read that it's good for 1 year?

Also, when I go to a job interview will I be asked to present my Carte Vitale? It's in my appartment but my wife refuses to allow me to enter our appartment.

Could I just present my Tirtre de Sejour to get a job or do I have to present other cards or documentation?

Sorry, if some of these questions may not be related to the 'Titre de Sejour' thread but I'm desperate to get any information. I'm open to any advices. Merci:)

- Eagle-Bear
 
#18 ·
You don't lose your carte vitale (nor your SS number) in the divorce. If your wife won't let you get your card, you'll have to declare it lost and apply for a new one, but you'll keep your number and that's the key thing you need.

They shouldn't ask for a carte vitale at the job interview - possibly on your first day at work, but mainly they need your sécu number, not the card itself.

Chances are they will ask for your titre de séjour, as most employers won't even discuss a job opening with you unless they are certain you have the proper "working papers."

The next challenge will be renewing your carte de séjour. If you have a carte resident (i.e. a 10 year card), they seem to be requiring a sworn statement that you have not been absent from France or the EU for a certain period of time during the validity of the expiring card. If you were gone for 6 years, you could be in for some difficulty in renewing the card. But that's something you'll have to check with your particular prefecture.
Cheers,
Bev
 
#19 ·
Thank you, Bev!
This is great news to hear as it helps me put my fears aside.

The sécu number is the Carte Vitale number, right? For the Carte Vitale, what would be the best place to call to get the number? Do I just call their customer service number?

Oh, and once I get a paycheck from a job I can just deposit it into our bank account by just showing my Titre de Sejour, right? or do I have to present them other proof as well?

- Eagle-Bear
 
#20 ·
Now, tracking down your sécu number if you don't have a record of it anywhere could get "interesting." You're probably going to have to talk to URSSAF and provide all sorts of identity information.

If you get a job, they will probably require you to provide them with a RIB from your bank account so that they can direct deposit your pay into the bank. If she's keeping you from getting your Carte Vitale, I'd think long and hard about having my pay deposited into a joint account.
Cheers,
Bev
 
#21 ·
It is getting interesting, already. Hmm, the thing is I know where my Carte Vitale is in our appartment along with my other important things: birth cert,docs,cards etc.

On my Titre de Sejour it still has our address and all of my cloths, personal effects, and important papers are still in our apartment. We are not divorced and no papers have been signed. So, from a legal stand point I still live there, right?

I didn't bring my apartment keys as I came to the States on vacation...so, is it possible that I can ask the landlord to allow me to reenter our apartment? The landlord should have a master key, right and she should be able allow me to reenter? I mean legally and technically I still live there, so, there shouldn't be a problem I imagine.

I'm not gonna cause a scene or make trouble I just want to enter our apartment and get my important papers and quietly leave all while she's at work. From a legal perspective I should be allowed to enter, right? I don't really want to go this route but this is only a last resort for me to get my important docs/cards.

Cheers,

- Eagle-Bear
 
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