How to divorce in Brazil

Divorce can be obtained even if you are abroad. You will have to file a case in Brazil with the representation of a duly licensed attorney at the Brazilian Bar Association.

If the divorce is amicable and there are no children, it can be granted at a notary´s office (called “Cartório” in Brazil). Still you would need an attorney, but the process is less complicated than if it is to be in the courts.

If the couple has minor children, the divorce can only be granted through the Judiciary. A judge would have to rule on the divorce and the public prosecutors (“Ministério Público” will opine on the issues related to the children).

In any case, if the divorce is non-amicable, the case shall have to be heard on the courts.

Issues such as spousal or child support, child custody, visitation, use of marriage surname and division of assets can be included and discussed in the divorce procedures.

Timeframe varies. Basically, consensual divorces are quicker than the litigious ones.

If one of the parties is in Brazil and the other is abroad, that does not limit the procedure: subpoenas, notifications and some enforcements can be processed through the tool of a Letter Rogatory, a judicial means of international cooperation of Judiciaries.


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