In the United States, family law belongs to each State: divorce in New York differs from California or Florida. No shared instrument between France and the US identifies the divorce court or organizes recognition. Only child abduction (1980 Hague Convention) and maintenance (2007 Hague Convention) fall under international conventions.
An initial overview, not a consultation
This page outlines US federal and New York, California and Florida law and its connections with French law. It is an initial overview, not a consultation: every situation depends on specific facts and local law changes. For each case, I work with a colleague based in the US State concerned, who confirms these initial details for your circumstances and acts before local courts when necessary.
0 — Your situation
You live in New York, San Francisco or Miami and one spouse wants to return to France. You are French, married to an American and living in France. Your spouse began proceedings in a US State. A parent left for the US with the child.
This page covers federal rules and three States with many French families: New York, California and Florida. Other States have comparable rules, sometimes with substantial differences.
1 — Which court?
In the United States: a residence period. Each State sets minimum residence before filing. New York requires one year if the marriage was celebrated there, the spouses lived there together or the grounds arose there, and two years otherwise. California requires six months in the State and three in the county. Florida requires six months.
A divisible divorce. A US court may grant divorce when the applicant meets that condition even if the other spouse lives in France. To decide maintenance or asset division, it also needs personal jurisdiction over the other spouse, requiring sufficient State connections. Some States, including New York, accept jurisdiction when the matrimonial home was there before separation.
Parallel proceedings. Nothing prevents two cases running in parallel. The US court may decline jurisdiction for a more appropriate forum under forum non conveniens. The French court may, without obligation, defer if the future US judgment can be recognized in France. A separate rule applies to children.
2 — Which law?
Before the US court. The court applies its State’s law to divorce, maintenance and asset division.
3 — Recognition
In the United States. Foreign judgments do not receive the automatic recognition given to other US States’ judgments. Recognition relies on comity, due process, absence of fraud and compliance with the State’s public policy. Neither France nor the US is party to the 1970 Hague Divorce Recognition Convention. In practice, a French divorce judgment following adversarial proceedings is generally recognized.
Divorce without a judge. No known US decision has addressed French divorce signed by lawyers; legal commentary considers recognition uncertain. If a spouse lives or owns assets in the US, a French judicial divorce approving your agreement is safer.
US proceedings served in France. Proceedings against a spouse living in France must be served under the 1965 Hague Service Convention. Irregular service weakens recognition in France.
4 — Your relationship
Divorce in the US. All States offer no-fault divorce: in New York, irretrievable breakdown for at least six months stated under oath, with financial and parenting issues resolved before judgment; in California, irreconcilable differences; in Florida, an irretrievably broken marriage.
Spousal maintenance. Rules differ significantly: New York uses a statutory formula and an indicative duration tied to marriage length. California uses statutory factors and retains jurisdiction indefinitely after a ten-year marriage. Florida has abolished permanent alimony.
5 — Your children
France and the US have applied the 1980 Hague Child Abduction Convention between them since 1 July 1988. For wrongful removal or retention, immediate return may be requested in State or federal courts. The US central authority is the State Department’s Office of Children’s Issues. The US has not ratified the 1996 Hague Convention.
Outside abduction, nearly all States apply the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Jurisdiction generally lies in the home State where the child lived for six consecutive months before filing. A foreign country is treated as a US State, so a French decision made under comparable conditions may be recognized and enforced.
Relocation rules vary. In California, the custodial parent may in principle relocate unless the child’s rights or welfare are harmed. New York assesses best interests case by case. In Florida, moving over 50 miles for more than sixty days requires the other parent’s written consent or court permission. Taking or retaining a child under sixteen outside the US to obstruct the other parent’s rights is a federal offense.
6 — Your assets
Two division systems. California treats assets acquired during marriage as community property, divided equally. It also treats as community property assets acquired during marriage while living elsewhere, including France, if they would have been community property in California. New York and Florida equitably distribute assets acquired during marriage regardless of title: New York uses statutory criteria, Florida presumes equal division.
Marriage agreements. A French agreement may take effect in the US but each State has conditions. In New York it must be signed and acknowledged with the formalities of a real-estate deed. In California it is presumed involuntary without each spouse having independent counsel, a seven-day period and explanation in a language they understand. Couples moving to the US should have their agreement checked locally and sometimes supplemented.
US assets follow specific rules and formalities. Employer retirement plans can only be divided by a qualified domestic relations order issued under State law and sent to the plan administrator. A French judgment generally needs a corresponding US court order.
The 2007 Hague Maintenance Convention has applied between France and the US since 1 January 2017, covering maintenance for children under twenty-one and partly between spouses. Decisions can be enforced through central authorities in either direction. States also apply the Uniform Interstate Family Support Act.
Points to watch
US courts need jurisdiction over both spouses to decide financial obligations: a divorce obtained remotely may leave finances unresolved.
The child’s six-month home-State period begins on arrival in the US and affects strategy.
7 — My support
An international consultation compares options in France and the US State concerned. My local colleague confirms the legal analysis and acts before US courts if needed. Negotiation or international family mediation in French or English seeks an agreement designed for recognition in both countries.
Official texts and sources
New York, Domestic Relations Law (§§ 75-a, 75-d, 170, 230, 236)
California, Family Code (§§ 125, 760, 1612, 1615, 2310, 2320, 2550, 3405, 4320, 4336, 7501)
Florida, Florida Statutes, chapter 61
New York Court of Appeals, Van Kipnis v. Van Kipnis, 11 N.Y.3d 573 (2008)
International Child Abduction Remedies Act, 22 U.S.C. § 9001 onwards
International Parental Kidnapping Crime Act, 18 U.S.C. § 1204
US State Department: international parental child abduction, France factsheet
US Department of Labor: division of retirement plans (QDRO)
Hague Conference: status of the 1980 Child Abduction Convention
Hague Conference: status of the 1996 Child Protection Convention
Hague Conference: status of the 2007 Maintenance Convention