
Types of divorce and how each one works
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There are two general types of divorce in Brazil: contentious and consensual (also called extrajudicial).
They vary according to certain requirements, such as the existence of children or some type of pending issue (when one of the two does not want to end the marriage ).
In all cases, it is necessary to hire a lawyer - or call a public defender - to mediate the end of the civil marriage.
This procedure is only not necessary in the case of a stable union , when the couple wishes to separate.
It is worth noting that all the types listed are also valid for the end of same-sex marriages .
See below for more information on the types of divorce.
General guidelines
Some steps need to be taken initially: it is necessary to look for a notary's office or file for divorce online and hire a lawyer or contact a public defender.
It is also necessary to gather documents, which are generally:
- Original and copy of ID and CPF
- Birth certificate of child(ren) (if applicable)
- Marriage certificate
- Proof of assets involved in the division (if necessary)
Guidance is important for those people who, upon marriage , decided to change their name .
Request the change at the time of divorce to make it easier to change your name on your documents later. See details here.
Types of divorce
Consensual or extrajudicial divorce
The main characteristic of this type of divorce is that both parties agree on the separation and there are no pending issues to be resolved.
Therefore, as the name suggests, it is not necessary to take legal action. In this case, the couple must meet two general criteria:
- Agreeing on divorce and other issues
- Not having minor or incapacitated children (with disabilities, for example)
In this case, the defender or lawyer will only be a mediator. There are websites with lawyers specialized in expediting divorce online.
Consensual judicial divorce
This type occurs when the couple, although agreeing to separate, has some issues to agree on regarding children or division of assets, for example.
However, there must be consensus between the parties on these issues as well.
In this case, the lawyer or public defender will have to file a lawsuit in court just so that the issues can be resolved in a hearing.
The objective is to preserve and guarantee the rights of children or children with disabilities, for example.
Pregnant women, for this reason, also need to file for divorce through legal action.
Contentious judicial divorce
This is the most complicated, bureaucratic and time-consuming form. In general, this is the type of divorce that happens when one of the parties does not want to separate.
Or even when there are many pending issues regarding child custody, requests for alimony and division of assets.
In this case, the legal action must be initiated by the lawyer or defender so that the case can be mediated.
Therefore, the judge will hear the plaintiff and the defendant and establish the rules for both to comply with.
In both cases mentioned above, both parties must be present, under penalty of a fine for those who do not appear.
We hope you find these guidelines useful! And be sure to check out our blog to learn more!