Print Friendly, PDF & Email

Divorce in Brazil

Divorce lawyers in Brazil require an added level of sensitivity and know-how, because it is not as simple as a “yes” or “no” ruling. Many emotions are involved in legal actions such as a divorce, and it rarely involves a simple separation. Often, child support and the division of property and assets must be considered. Especially when dealing with assets and property in foreign countries, family law attorneys in Brazil must understand all facets of the divorce.

Attorneys Should be Licensed by the Brazilian Bar

Divorce is a very difficult process for all involved. You and the members of your family will all benefit from the knowledge and proficiency that a certified divorce attorney in Brazil can offer. Make sure you only hire attorneys that are either certified by the board of the Brazilian Bar Association or that are supervised by a an attorney who is certified.

When you and your former spouse are going through a divorce, there is a lot that you’ll both need to think about. As if the decision itself isn't difficult enough, you’ll also need to take your children’s’ needs into account, both financially and emotionally. You should seek practiced legal advice and mediation when it seems necessary. Such advice could save you time, money and the stress of going it alone. Some issues you should prepare yourself for include:

  • Custody of your Child or Children
  • Obtaining Child Support
  • Visitation Guidelines
  • Rights to your Property
  • Division of Marital Property
  • Alimony Payments
  • Recovery of Fees Associated with Obtaining an Attorney

You should also know the two main types of divorce in Brazil before you begin the process. Your divorce will either be considered uncontested or contested.

Uncontested Divorce

When you are part of an uncontested divorce, it means that both parties involved agree to the terms of the divorce. This means that they agree to split up their property and also agree to the terms of child support and custody visitation. In this case, parties do not need to spend time at a courthouse, because documents are simply signed and then submitted to a judge. The judge reviews the document and grants the divorce. This is the cheapest and quickest form of divorce.

Contested Divorce

In a contested divorce, the parties involved cannot agree with each other on the terms. This type of divorce could go on for a long time, as both parties need to go to court and hire attorneys to represent them, and to fight for the best interest of their child. Contested divorces are also more expensive, since there are many legal fees associated with them.

Your lawyer can analyze your particular financial situation to determine whether you may have the right to or may be asked to pay permanent alimony, rehabilitative alimony or transitional alimony as well as child support. Find out more about your options.

Phone: 212-300-7174