I was married in Brazil now my wife wants a divorce I am in USA

Sorry to hear about your present situation.

If you were to petition for divorce in the USA, I believe you would first have to register the marriage their just like in Brazil.

How long have you (physically) been separated? If you've been apart for a minimum of one year, and the divorce is amicable, no access to or custody of children or division of assets involved you can get a divorce in the Cartório. You'd need AT LEAST one lawyer to submit the papers so it would be relatively inexpensive, just the Cartório fees and the lawyer's fee. Best to do in the same Cartório where you actually got married, since doing it in any other, you'd also then have to register the divorce in the original Cartório too (just a small fee, but more time).

The lawyer could provide you with a "Procuração Publico" (Power of Attorney) that would need to be in Portuguese, it would specify a person who is empowered to sign all the necessary documents for the divorce on your behalf. If you are still on speaking terms with your wife then perhaps she can arrange for a lawyer to contact you regarding the Cartório divorce.

Cheers,
James           Expat-blog Experts Team

Oh, almost forgot.....  If you do end up getting the divorce in the USA, it would not have any legal effect here in Brazil until such time that you had a local lawyer apply for "Homologação da Sentença de Divorcio Estrangeiro" in the Superior Court in Brasília. So in the end if you're soon to be ex-wife can be trusted you should really try and go the Divorce in the Cartório route, lots cheaper and quicker. The "Escritura de Divorcio" is done up the same day, the divorce takes effect 30 days from the date of the Escritura and then it's all done, both are free to re-marry from that point on.

Thank you James it will be a two years in January 2015 I have not seen here since February 14 2014  . Is it possible to contact a lawyer in the US who has contacts in Brazil. Do you have anyone to recommend. It will be in Venda Nova near Belo Horizonte. Thanks again for your great help and advice Gary

Hi Gary,

If you think that your wife will agree to a Cartório divorce and there are none of the other issues I mentioned in my previous posting that would prevent one; I will see if I can find a lawyer in BH who can handle the matter for you. If you would send me a private message with your full name, spouse's full name, addresses, etc., it will help to get the ball rolling.

BTW, do you have the ORIGINAL  Marriage Certificate, or know where it is right now?

Cheers,
James

James I have all the information you asked for here is my email [email protected] Thanks again for all your help Gary

Getting married to a foreigner is difficult and so is to get divorced and everything very expensive . If I could go back in time I never would have done this , but this is my personal experience . It`s a little bit easier when there are no children in the middle and nothing to be split between the two . Good luck with your divorce !

I agree just hired a lawyer in Brazil if I want fast divorce I will loose 25K I put into a Apartment that she built for herself without my agreement. We do not have children she does from previous marriage. My lawyer said I could win but would have to come to Brazil. Then my ex could delay the hearing and cause me to maybe have more expense. Its going to cost if I leave the without anything about 2500 Reals. My lawyer will represent me which is just more a paper shuffle. I agree I would not do this again I do not trust women in Brazil now. She just use me for my money I even got her and the children green cards for the USA and she refused to finish the process. Thanks for your wishes