Divórcio no cartório: veja como fazer

Divorce at the registry office: see how to do it

Divorce at the registry office in Brazil has been authorized since 2007, through law 11,441.

The aim is to speed up a procedure that previously caused exhaustion and a lot of bureaucracy for the couple.

Now, you just need to pay attention to some details and meet important requirements to carry out an extrajudicial divorce, in a registry office.

The procedure is not necessary in the case of a stable union.

See details below!

Requirements

The first thing the couple will have to do is check whether they both meet the requirements for the extrajudicial process, in which it is not necessary to go to court.

The two main mandatory points are:

  • Both parties must agree on the divorce and other issues.
  • They cannot have minor or incapacitated children

Consensuality is important not only for the divorce itself, but for the division of assets and other issues such as payment of alimony, for example, defined in a civil marriage .

In the case of minor or incapacitated children, such as people with certain types of disabilities, the Court also requires that the process be brought to court and that there be mediation by a public prosecutor.

The aim is to preserve and guarantee the rights of minors. In the same way, pregnant women cannot obtain an extrajudicial divorce.

There is also contentious divorce , which is when the courts need to be called upon to resolve some issue between the parties.

Required documents

Well, fulfilling the requirements above, the couple must gather some documents:

  • Photo ID, CPF, and proof of address for both parties
  • The same documentation for children, if they are of legal age
  • Marriage certificate with a duplicate issued less than 90 days ago
  • Documents of the assets that will be shared (if both parties choose to do so)

Important: The couple must hire a lawyer to mediate the separation and make the process official. There are websites with lawyers who specialize in expediting divorce online.

Therefore, it is also necessary for the lawyer to bring his personal documents and OAB card.

Find out here how to remove your married name from your CPF !

How to do it?

After all this, the two must go to the notary's office with the documents and together with the lawyer.

The necessary documents will be signed and the informed documentation will be delivered.

Within a few days, the registry office will issue the Public Deed of Divorce, with all the necessary information for the couple.

If there was a change of name during the marriage for one or both of the couple, it is important to inform this at the time of the divorce, so that the registered certificate already records the change.

Deadline and values

On average, the Deed is issued within a maximum of 90 days, but normally this happens much more quickly.

The deadline must be communicated to the couple at the time of filing the divorce proceedings.

As for the costs, the process varies depending on the state. In São Paulo, it costs around R$400, excluding the costs of a lawyer.

Free and online divorce

And since 2020, it has been possible to obtain a free and online divorce , entirely over the internet. See all the details here.

And the process is quite similar to what we inform in this article and it is also necessary for a lawyer to accompany the procedure.

In addition to fulfilling the requirements we mentioned at the beginning.

We hope that this article makes this process easier for anyone who needs to go through this often very delicate moment.

For more articles like this, be sure to check out our blog!

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