Decided to Get a Divorce but Don’t Know Where to Start?

Encerrar um casamento envolve sentimentos delicados e dúvidas práticas; aqui explicamos, de forma simples, os caminhos do divórcio e o que costuma estar em jogo.

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

What divorce is

Divorce is the dissolution of a marriage. Today, Brazilian law requires neither a minimum period of separation nor a showing of fault: all it takes is the wish not to stay married. Although divorce is a relatively simple right on paper, it usually comes with issues that need to be handled carefully, such as dividing property, the situation of any children, and amounts that may have to be paid or received.

Every family has its own story, so there is no single template. In most cases, the goal is to bring the relationship to an end fairly and with as little strain as possible.

The possible paths

In general, a divorce can follow one of two paths, depending on how much the spouses agree:

• Uncontested (consensual): when both spouses agree on the terms (division of property, custody, support). If they agree, in many cases the divorce can be done by public deed at a notary’s office (cartório). If there are minor or legally incapacitated children, this option depends on a court first resolving the issues of custody, visitation, and child support.
• Contested (litigious): when the spouses do not agree on some important point. In that case, the matter goes to court, and a judge decides the disputed issues.

Even a divorce that begins in disagreement can turn into an agreement as the case moves forward. Seeking common ground, when possible, tends to reduce both costs and distress.

What is usually up for discussion

Beyond the end of the marriage itself, a few topics generally need to be addressed:

• Division of property: this depends on the property regime chosen at the time of the marriage (partial community, full community, separation of property, and so on). It determines what will be divided.
• Child custody and parenting time: always guided by the child’s well-being. Custody may be shared or sole, with a defined parenting-time arrangement.
• Support (pensão alimentícia): this may involve the children and, in certain situations, one of the spouses.
• Use of a surname: you may keep your married name or return to your maiden name.

How to begin, calmly

The first step is to organize your information and gather documents. This helps you see the real picture and make decisions with more confidence, without rushing.

• An up-to-date marriage certificate.
• Personal identification documents for both spouses and the children.
• A list of the couple’s assets and debts (real estate, vehicles, accounts, loans).
• Information about income, which is useful when discussing support.
• Any prior agreement on custody and parenting time, if the spouses are already talking.

With this material in hand, you can assess which path makes the most sense for your situation and which proposal for dividing property and sharing parenting time is likely to be the most balanced. We are available to hear your case and guide you through each step with discretion and respect.