The most common questions about divorce

Is there a way to prevent burnout at the end of the marriage?

When you decide to get married, you have to choose which property regime you are going to adopt. Talk to your partner to avoid stress if your relationship comes to an end.

See the options:

• Partial community property: they will divide equally only what they have purchased during their married years.
• Total community property: all assets of the two will be divided at the end of the marriage.
• Total Separation of Assets: Assets belong to whoever bought them.

Is there a difference between separation and divorce?

Only divorce ends the marriage, freeing those involved for a new marriage. It is no longer necessary to go through the separation period before filing for divorce. If a couple separates and decides to resume their relationship, the marriage can be maintained. Anyone who gets divorced and regrets it has to get married again!

What are the rights of those who only live together?

According to Brazilian law, this relationship is called a “stable union”. The rights are almost the same as those who are married. But it is necessary to prove the union by showing that there was: 1) cohabitation – which is sexual intercourse, 2) fidelity, 3) marital home – they must live together, show society that they are married (share expenses, present themselves as a wife and husband). In these cases, there is sharing of goods acquired during the union, pension for death and alimony.

Is it too expensive to get divorced?

The amount paid to the lawyer depends on the couple’s assets. Depending on family income, there is the possibility of requesting the work of the public defender of the States, which is an institution that provides free legal assistance to people who cannot afford it. In São Paulo, for example, it is necessary to prove that the family income is less than five minimum wages.

What do I need to do and what documents are needed to initiate a divorce?

First of all, talk to your partner. If you decide that it’s really impossible to stay together, it’s important that you try to do it smoothly. Look for a lawyer specializing in civil law, who will forward the divorce application to the notary. The following documents are required:

• Wedding certificate.
• RG and CPF of the spouses.
• Proof of address.
• Children’s birth certificate.
• If there are assets to be divided, all property ownership certificates and other documents that prove the assets, such as car documents.
• It is not necessary to gather invoices for the furniture in the house.

Is the divorce process lengthy?

The so-called consensual or amicable divorces, in which there is no property dispute, can be done at a notary and usually happen on the same day, but provided that
there are no children under 18 or incapable. If there is a child custody dispute, the process lasts from three to five years.

If the spouse carries the partner’s last name, will it automatically change after the divorce?

This change needs to be requested when filing for divorce. There are cases where, even after the divorce, one party may continue to use the other’s surname. This only happens if the judge understands, for example, that the loss of the last name will harm the person’s professional life.

How do you decide who the kids stay with?

Custody is with whoever is best able to take care of the child. And it’s not just about money. What counts for the judge’s decision are: psychological, emotional, family structure, availability of time for the child. The opinion of the children only counts from the age of 12. Even so, the judge will evaluate all the other items mentioned before making the decision. See here what are the different types of guard.

What to do with debts acquired in marriage?

Debts incurred during the marriage must be paid by both parties. But, depending on the situation, they can be compensated. For example: one spouse keeps the property, but must hand over the amount already paid to the other and assume the rest of the debt alone.

How to act when one of the parties does not agree to sign the divorce papers amicably?

No one can hold someone back by saying they don’t agree with the divorce. For these cases there are litigious actions, in which the judge will grant the divorce by sentence. It’s just time consuming.

How to decide who keep the pets?

There is no specific law for this. Legally, the animal is a movable asset, as well as the refrigerator and the sofa. To decide who the pet will stay with, or if it stays for a period with the woman and another with the man, the couple should talk and reach an agreement. Learn more here!

How is alimony calculated? Does it only apply to couples who have children?

The value of the pension is established by the judge observing the need of the one who will receive the pension and the possibility of the one who will pay. For example, there are couples in which one spouse supports the home and the other takes care of household chores. This person who takes care of the home also has expenses, and the support is ensured by those who work outside the home. With the divorce, the one with the source of income must guarantee the minimum support until the other spouse starts working or remarries. The judge will give a period of a few years for the other to receive the pension, analyzing each case.