divorcing a spouse who lives abroad
In certain situations, getting divorced can become a real obstacle course, especially when your spouse lives abroad and does not wish to return to France to start proceedings. Rest assured: French law provides for solutions to initiate divorce proceedings even in the physical absence of the other spouse. Here are the essential points to be aware of.
1. Is it possible to divorce in France if one of the spouses lives abroad?
Yes, this is entirely possible. It is not necessary for both spouses to be present on French territory for a French court to grant a divorce.
The French court may have jurisdiction in several situations, in particular if :
-The applicant (the person seeking a divorce) has a stable residence in France,
-The joint children reside in France,
-Both spouses are French nationals.
The lawyer will assess the jurisdiction of the French courts in accordance with the rules of private international law.
2. Does your spouse's absence block the procedure?
No. The other spouse's refusal to return to France or to take an active part in the divorce does not block the proceedings. -
♦ Divorce by writ
This is a divorce initiated unilaterally by one of the spouses, with the help of a lawyer. A writ of divorce is issued to the other spouse, even if he or she is abroad. The court will check that the spouse has been informed (regular notification abroad via the channels provided for, such as international conventions or consular authorities).
If the spouse does not respond or does not appear, the proceedings may continue in his or her absence, subject to certain conditions.
♦ Divorce by extrajudicial deed drawn up by a lawyer (divorce without a judge)
This will not be possible because both spouses must be present for the signing of the divorce. Remote signing is prohibited by law.
♦ Joint petition for divorce
This is possible under certain conditions.
→ What if the foreign spouse does not speak French?
Divorce is difficult enough in itself, but the situation becomes even more complicated when the other spouse lives abroad and does not speak French. However, this is not an uncommon case, particularly in bi-national marriages. Is it still possible to initiate divorce proceedings in France?
1. Jurisdiction of the French court: possible even if the other spouse lives abroad
French law allows a spouse to bring a case before a court in France, even if the other spouse :
-Resides in a foreign country,
-Does not wish to travel to France,
-does not speak French.
Your lawyer specialising in international family law will advise you and tell you which court has jurisdiction and which law applies.
2. The importance of translated notification: a legal imperative
A fundamental point is respect for the right to information and defence. The law requires that the foreign spouse be informed of the proceedings in a language he or she understands.
This means that :
The writ of divorce must be translated into the spouse's language (or into a language in which he or she has a clear command).
This translation must be certified and delivered in the ways provided for by international law.
🔹 Example: If your spouse resides in Turkey, speaks only Turkish, and receives an untranslated summons in French, the proceedings could be deemed irregular. A translation into Turkish by a sworn translator is therefore essential.
3. What if he does not respond despite being notified?
Even if the spouse does not take part in the proceedings (through refusal, negligence or lack of understanding), the divorce may be granted by default, provided that :
-He or she was duly notified in a language he or she understands,
-He has had time to respond,
-the French court has jurisdiction.
This is a legally sound and recognised adversarial divorce by default.
However, a certain number of precautions must be taken to ensure that the judge does not refuse to grant the divorce.
4. Legal representation: essential and compulsory
In this type of procedure, the assistance of a lawyer is mandatory.
Each of the spouses must be assisted by his or her own lawyer, who will:
-provide guidance on international law
-choose the most appropriate divorce procedure
-translate your documents
-correctly serve documents abroad
-Ensure the admissibility of the case and its international validity (particularly with a view to recognition of the judgment abroad, if necessary).
✅ Points to remember
The fact that your spouse lives abroad and does not speak French does not prevent divorce proceedings in France.
Compliance with the rules on notification and translation is imperative to ensure that proceedings are properly conducted.
Divorce may be granted even if the spouse does not actively participate, provided that his or her rights have been respected.
Your lawyer will guide you to make the procedure efficient, legal and enforceable.
📞 Need support?
I am at your disposal to study your situation in complete confidentiality and suggest the best strategy for asserting your rights.
Le 4 juillet 2025
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