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How do I get a divorce from someone who lives abroad?

Writer's picture: Paula PimentelPaula Pimentel

It may seem complicated, but sometimes it is much easier to get a divorce in Brazil, even from a distance, than in person in the country where you are living.


The first step to getting a divorce while living abroad is to tell your lawyer which country you got married in. If you got married in Brazil, there are no additional steps you need to take before starting the divorce here.


If you got married abroad, you will need to have your marriage certificate translated and then have it registered and apostilled at a registry office in Brazil. Don't worry, you can do this remotely without any major problems.


After that, the process will be the same: it is necessary to file a divorce action, which will take place in the court of the State where the former couple got married or in the city in Brazil that was the couple's last common domicile.


Even in cases where there is an agreement and there are no minor children, we always recommend that the divorce be judicial due to the legal security it provides. A divorce made in a notary's office (also called an extrajudicial divorce) can be questioned within 2 years of the date it was made. However, a judicial divorce cannot. Once the divorce decree is issued, after 15 business days, it will be what we call "res judicata" and after this period there is no longer anything to be questioned (except in cases of fraud, obviously.).


Furthermore, judicial consensual divorces tend to be quicker and less bureaucratic than those done at the registry office (incredibly...).


Likewise, if it is a contentious divorce, it can also be done completely remotely.



In this case, each party will be assisted by their own lawyer.


If you would like to get a divorce quote for Brazilians who live or got married abroad, click here .


If you would like to schedule an appointment and be seen by a lawyer specializing in international family law, click here.




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