Expat Forum For People Moving Overseas And Living Abroad banner

1 - 8 of 8 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter #1
hello

I am very stressed out. I been trying to file my divorce paper , and It was rejected 2 weeks ago , because my birth certificate is canadian issue, and I had a letter from the canadian embassy stating that our record do not expire .

I made an order for a newer version,, which takes time !
My concern is I married a dual citizen french / Algerian,
and to be nasty , he is planning to leave the country .
and I am concerned if he does before my paper arrives,
what can I do?
I will explain my situation.
I came to france 2007 the first 2 years. I was attending french classes, and I was loving it, I completed the first level, and manage to reach 98%.
So I inquired to go to the next level, My husband refused, being naive. did know at the time . it was to control me
anyways time went on, and he was abusing me and my daughter Not hitting me or her
but last year that changed,
yes I went to get help, but I was turned away from the police station because my language is very bad. no translation ,
I now have a lawyer , but I am waiting for my document from my embassy
but I feel my husband will flee the country before I get that paper and file in front of the courts.

my husband is a professor at the university, and he can take a leave of absent
and take a leave of absent without pay also,

leaving me here in the house,
ofcourse I did not work,,, was not allow to
ofcourse I have no income, he controls all money,
I have open my own bank account,
but I have nothing nor support,
yesterday the police did arrive , because my husband went over board with me
the police did file for me the abuse,,
but again, is there anything I should know, Is there any that could help me
we have a house together, 5 years into the mortgage,
but I seen my husband over the last year slowly devalue the house
it's in a horrible state to my standard
but maybe to an algerian maybe it's acceptable .

but I doubt anyone would buy my house at least to the market value

so if anyone could suggest anything for me

I could use the insight or advice,,
thank you
Kim
 

·
Administrator
Joined
·
49,808 Posts
If your husband flees the country, he'll be abandoning the conjugal household and that may very well affect his rights (in a negative way) in any divorce procedure.

You say you have a lawyer. What is the lawyer telling you to do (or not to do)? If it's a matter of needing resources to retain the lawyer, go to the assistant social at the local mairie and ask for help. There is a program of legal aide that you very likely will qualify for, at least based on what you've told us so far. French law on marriage and divorce is pretty strict on separation of property and the issue of child support (assuming she's his daughter).

Go see the assistant social and see what he or she recommends, especially getting approved for legal aid. They may be able to help you some translation help for some of the paperwork hassle. And keep us posted how things go.
Cheers,
Bev
 

·
Registered
Joined
·
2,590 Posts
Normally the lawyer will be sorting out the legal aid side of things if you are entitled to benefit from it. It sounds as though this is probably the case.

Ask for your daughter to be put on the list of children who cannot be taken out of the country without your consent, so that if you husband does leave, he cannot take her abroad with him.

If he is physically violent, see a doctor so that you have proof of his ill treatment and the injuries he has inflicted. And get the gendarmes involved each time.

As Bev says, if he leaves the domicile conjugal - your joint home - he puts himself in the wrong so it will not necessarily be a bad thing for you.

Be guided by your lawyer, he/she will be able to advise you on your situation.

http://vosdroits.service-public.fr/particuliers/F11301.xhtml


And if you are left with no income, see an assistante sociale as there are aids that you will be entitled to (allocation parent isolé etc).
 

·
Registered
Joined
·
3 Posts
Discussion Starter #4
Good morning Verite , and Bevdeforges
thank you for your interest,
Yes the first thing I did receive the legal aid . Thankfully ,that part is certainly clear for me.
My lawyer has said a few things about him and the fact he could run.
she said something about garnishing his wage, and having half sent to me . I am not sure how that would happen
she said also if he stop his wage but he is still employed , they can reactivate his wage,,,
I am not sure again how that would happen,,,,
apparently they have a institution for financial for situation like this,,,
again I don't know how or what that is,,,
My lawyer is amazing, I like her, I have been so fortunate when it comes to her
She speaks perfect english and she takes time in our appointments ,
The reason I don't hassle her with my insecurity, I don't want to burn her out .
because as each day progresses, something new happens,,,
My husband is more about emotional and physiological abuses, and he threats and scares us
But the moment you exercise your own right,, he over reacts and does crazy stuff

anyways my concern was, about him fleeing , do I report it now, who do I report to,,,also
I know everyone has a right to come and go as they please,,
so it seem I will not be able to stop him, no matter what,, which is logical ,

But I don't want to hear since I did not report him leaving,, and that could affect me and my situation, the dread words " You should of " ,,,
because the other day when the police were called to the house,,, He decided to go to the station and make a report,, and in his report he clearly said this is a divorce situation,,,
that is why , I am wondering, will that help me now,,,,

my husband is a master planner, a very large ego,, this is why I'm so paranoid , He has been planning this for some time , and I know it,, but I could do nothing about it,,
 

·
Registered
Joined
·
2,590 Posts
Your situation sounds very confused and you seem to be very isolated. So I think you should risk "burning out" your lawyer and tell her more about your fears and worries.

It is true that once you are officially separated or divorced, your husband will be legally required to provide for you and your child, this is a monthy payment called pension alimentaire. If he does not pay, it can be taken from his salary and paid directly to you.

If he moves out without telling his intentions, I think you should contact your lawyer who will tell you how to have this officially recorded. Whether he has left temporarily or permanently, if he doesn't tell you how long he will be away you are entitled to consider that he has left for good.

Contact a social worker who will be able to tell you more about the help available for you and your child on a day to day basis. You can do this via your local mairie. You need legal help but you also need moral support and help.
 

·
Administrator
Joined
·
49,808 Posts
In France, spouses are responsible for the welfare of the partner (and any children) until the divorce is pronounced. Work with your lawyer to make sure that your basic needs are being provided for - that's what the garnishment of wages is all about. If he's not around to provide for you, then they'll take the money directly from the employer and give it to you. (And having left the home, he's still on the hook for paying the mortgage.)

These things go slowly in France. Work with your lawyer. Let her know what's going on and if you think he's planning on leaving France. And go talk to the assistant social at the mairie. He or she may be able to find you some other sorts of support - a support group, an English speaking counsellor or some other assistance. But don't hesitate to contact your lawyer, either.
Cheers,
Bev
 

·
Registered
Joined
·
3 Posts
Discussion Starter #7
Today was a better day,, I finally received my last and final document from the embassy,,
So today I went to my lawyer and tomorrow she is filling at the court house .

So she told me to in the mean time to go to the bank !!,, and withdraw the mortgage payment,,,
Because since January he has not given me a cent ,

my next project, is to search for the joint account,,,

what he did a few years ago , is open another bank account
and that is his own private account . That account has his income deposit and then he transfer the mortgage payment is in the joint account,
I will walk over to the la pose, and stay until someone understand me, or can help me
it's an odd thing , I been asking a few people who I know,, and they naturally say they will help me
with the lack of the language,, Then they avoid me on the planned time.
people either don't want to get involved,, or I honestly can not understand
The only thing which come to mind is they are worried about my husband

He is a type who looks down on people ,, and so far no one can get back on him,,,
He is very cold and calculating,, and I think people are worried about this,,,

Thank you for listening and taking the time to write me on this site
I feel all alone and lost,,,
and I appreciate your input
i will keep posting and see how everything goes, step by step
 

·
Registered
Joined
·
2,590 Posts
If you have been in France since 2007 surely you now speak enough French to get by? Do you have no family to support you? What language do you speak at home?

It seems that your lawyer is doing all she should and you must trust her and not be afraid to ask her for help, she will tell you when you are asking too much of her. Your husband may have bank accounts that he keeps secret from you but he must support his family, now and in the future, and the justice system should make sure that you are provided for.

At present the lawyer seems to be your main source of help - it's difficult to know what we can do except offer our sympathy for your situation and our good wishes for you and your child.
 
1 - 8 of 8 Posts
Top