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EULawyer, Lawyer
Category: French Law
Satisfied Customers: 242
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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My husband and I are Americans. He lives in Paris (I am not

Customer Question

My husband and I are Americans. He lives in Paris (I am not sure if he has any legal permit to live there). I live and work for UN in Copenhagen. We are not living together for allmost 5 years. We have an 18 years daughter, can I bring a divorce action against him in France? If yes, how?
Submitted: 1 year ago.
Category: French Law
Expert:  EULawyer replied 1 year ago.
Dear Madam,Thank you for your message. The answer is yes, you can bring a divorce action in Paris.The fact that you have a daughter will not count anymore, as at 18 she is considered of age in both France and Denmark, and therefore not under any parental responsibility.The basis for the Paris Tribunal de Grande Instance (link; competence is Article 1070 French Code of Civil Procedure, as well as Regulation 2201/2003 (link;, which is applied by France (even though Denmark does not apply it).The fact that you are both American citizens will mean that the court will most likely apply US law, and specifically that state law determined by the internal conflict of law rules of the United States. In English, the US state law with which you have most connections will govern the substantive issues in your divorce, rather than say French or Danish law.Because of this situation, I would strongly recommend retaining a French attorney in Paris, since the legal issues are likely to be complicated, even if your husband agrees not to contest in court. A list of such English-speaking attorneys is provided by the US Embassy in Paris (link ;, the fact that your husband may not have a legal permit to live in France is of no interest to your situation. The jurisdiction of the Paris court is based on his 'habitual residence' there, which means residence of fact, rather than an entitlement to live there.I hope that my answer was useful and look forward to your rating, which is essential to my activity.Cordially,Dr I L Vlad