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Can my husband refuse the divorce if I ask for it I want to

 
TKenney, Ph.D.'s Avatar
  • Answered by:TKenney, Ph.D.
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Customer Question

Can my husband refuse the divorce if I ask for it? I want to divorce but he may not...

Submitted: 598 days and 9 hours ago.
Category: French Law
Value: 32 €
Status: CLOSED
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Expert:  TKenney, Ph.D. replied 598 days and 8 hours ago.


TKenney, Ph.D. :

Yes your husband can refuse to divorce. However it is your right to ask for a divorce. If your husband refuses, you can still get divorced. You will have to go to court and file for a contested divorce (divorce pour faute). Like for all divorces in France, you will need a lawyer to do that. I contested divorce takes a long time (minimum one year) and can be very expensive because of all the proceeding involved. You will have to find a fault in the marriage committed by your husband that makes living together intolerable. Most of the time the French judges decided on a 50%/50% fault divorce (half the fault of the husband and half the fault of the wife. You must try and convince your husband to do an amicable divorce, because at the end of the day, you will end up getting your divorce (the outcome will be the same) and an amicable divorce is cheaper and can be done in 3 months (once all the documents are filed). You both will be able to turn the page and get on with your life instead of fighting with dirty laundry.

Customer : What if I am at fault? Not he. Although he doesn't know .
Customer : Will I still be able to split 50/50 les biens?
TKenney, Ph.D. :

Yes, in French law, it will still be split 50/50 even if it was your fault.

Customer :

How much will it cost ME ? And could you reccomend an attourney in either Tarascon, Arles or aix en Provence. I don't know who to trust.

 
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