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Hello,

I am Turkish and married to a French for 1,5 years. We are living in France together for a year and now he would like to have a divorce. I asked for the renowal of my titre de sejour and recieved an extension until January because of Covid, not sure when they will give me an appointment. I asked my husband to wait for the divorce until I receive the renowal. He agreed in return I ll go back to Istanbul to wait for the appointment there.

My question is: Is it possible for him to file a divorce when I am not here by stating that I left home? Actually I am still living here. My belonings are here, I have my bills addressed here. I will be away for 1-2 months only.

Thank you for your advice.
 

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You really do need to talk to an attorney. There is a claim of divorce here that is based on the other partner deserting the family home. It may be possible to get a legal separation that will get around that issue. And in any event, I believe it's usually the case that they will extend your titre de séjour for long enough for you to see your divorce through to conclusion. (Have not checked on all this in several years now so some of it may have changed.)

This is the page in Service Public: https://www.service-public.fr/particuliers/vosdroits/N159

If your french isn't up to it, you can run the pages through a translator - like google translate or DeepL - to get a better idea.
 
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