1234
6/21/2010 08:19 EST
Hi! I'm starting a separation process after 10 years of living and marriage in brazil.. I'm american on permanent visa, he's brazilian and we have 2 kids. I was planning on staying in brazil, but the divorce is scaring me away. His mother is a lawyer and I don't understand how the process works. I feel at a huge disadvantage since I don't know how the law here treats things like custody, support and separation of assets. I just want to minimize the conflict and costs. I'm thinking of going back to the US and filing for divorce there (if he'll sign the travel release!). Would it be easier to divorce in the USA (where we were originally married)? If he is not in the US will I still be able to file for divorce in the US once I'm there? How does US law treat cases where one parent is foreign and lives abroad? What are the rules about child support in the USA? Here in Brazil, he tells me he's only required to pay 30% of his salary after taxes, which is almost nothing. He may try to go after the house I built with my dad's money, or even custody here in Brazil. Anything is possible and I don't feel like i have the information I need to deal with this all in Brazil. Advice? Experience?
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APereira
From: United States
6/21/2010 08:38 EST
I'm not sure where you are located but go to the nearest American Consulate and they usually have a list of lawyers who are bi lingual and you will be able to get counsel from them in English. Do that before you make any decisions. If you are in SP check with the American Society of SP or the Newcomer's Club for a list as well.
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movingsoon
6/21/2010 13:20 EST
Do as suggested above, go to an American Consulate...do NOT leave the country until you seek legal advice.
Each country recognizes divorce, no matter what country its filed in..it just needs to be registered in both.
With his mother being a lawyer, you need immediate advice. But you don't want to leave the country as it could hurt with future custody of your kids.
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MR928
6/29/2010 14:28 EST
NUMBER ONE: DON'T LET YOUR BRAZILIAN MOTHER INLAW SCARE YOU JUST BECAUSE SHE IS A LAWYER.
NUMBER TWO: Protect your US citizen rights and also from your kids. Go to the US consulate, don't let nobody stop you.
Brazil is a country full of dishonest people, con artists, and liars. Make sure you darling husband pay you enough support. Be c areful with Brazilian lawyers too, they are the biggest con artists of all. Be warned when they ask you for monies in advance.
GOOD LUCK!!!
BRAZIL HIS A COUNTRY THAT DOES NOT DESERVE MY CITIZENSHIP.
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barzeroti
6/30/2010 17:57 EST
I cannot agree with you more , I got twiced married with Brazilian women.
Brazil is THE country of con artist, crook and other horrible peoples. It can turn your life into your worst nightmare.
I lost EVERYTHING with theses Brazilian MF's , all of it. !!!! I must start now again from scratch, ZERO, ZIP, NADA at 50 years old spitting blood to get my life back.
I shipped lately a container with all my life in Rio Grande (wife's idea!!!) that after 8 months of bs finally allowed me to get it out, ONLY IF I where to pay 8 months of storage plus fines. $6000,00 !!!
Rip-offs and crooks=Brazil !
This country should be burned for malediction.
I wished I had never knew Brazil, I would still have my properties now.
The people who tells you otherwise are because that don't know ...yet.
Please post more message as yours, to let the world know.
Thanks
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aneill42
7/16/2010 13:44 EST
Brazil Sun - Thursday 15th July, 2010 (IANS)
Brazil has eliminated a lengthy separation procedure for couples that lasts for
up to two years and will start the process for rapid divorce.
An amendment to the constitution eliminates the two sets of procedures used up
to now to dissolve marriages on a consensual basis, one of which required the
couple to show they had lived apart for two years.
The other procedure asked the couple to wait for 365 days after presenting the
divorce petition to a judge.
'The procedure for the dissolution of marriage was simplified, thus reducing the
interference of the state in people's lives without altering the greater
principle of protecting the family,' Senator Jose Sarney, a former Brazilian
president, said.
The promoters of the reform said the simplification of divorce will lighten the
load on the courts and save money.
Senator Demostenes Torres said expenditures on divorce lawyers would drop by
about half, the official Agencia Brasil news service said.
The measure would also 'automatically' benefit all couples who have initiated
the separation process.
In largely Catholic Brasil, 64,869 couples have begun separation procedures on a
consensual basis in courts and another 14,623 couples began the process before a
notary in 2008, according to the most recent official figures.
Brazil first legalised divorce in 1977.
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aneill42
7/16/2010 13:44 EST
Brazil Sun - Thursday 15th July, 2010 (IANS)
Brazil has eliminated a lengthy separation procedure for couples that lasts for
up to two years and will start the process for rapid divorce.
An amendment to the constitution eliminates the two sets of procedures used up
to now to dissolve marriages on a consensual basis, one of which required the
couple to show they had lived apart for two years.
The other procedure asked the couple to wait for 365 days after presenting the
divorce petition to a judge.
'The procedure for the dissolution of marriage was simplified, thus reducing the
interference of the state in people's lives without altering the greater
principle of protecting the family,' Senator Jose Sarney, a former Brazilian
president, said.
The promoters of the reform said the simplification of divorce will lighten the
load on the courts and save money.
Senator Demostenes Torres said expenditures on divorce lawyers would drop by
about half, the official Agencia Brasil news service said.
The measure would also 'automatically' benefit all couples who have initiated
the separation process.
In largely Catholic Brasil, 64,869 couples have begun separation procedures on a
consensual basis in courts and another 14,623 couples began the process before a
notary in 2008, according to the most recent official figures.
Brazil first legalised divorce in 1977.
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1234
7/26/2010 15:36 EST
Thanks to all for the replies. I speak fluent portuguese, so I could go to a Brazilian lawyer as well for advice. But I'm wondering if the american consulate recomended lawyers would be more trustworthy? I'm in florianopolis by the way.
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