Free divorce through the public defender's office: how to do it
Share
The divorce process in Brazil has become less and less bureaucratic, and can be done free of charge, online and with the assistance of the public defender's office.
However, mediation by a lawyer - or public defender - is still mandatory for the end of a civil marriage.
This is because although several laws seek to reduce stress for the couple, mediation is still necessary.
The goal is to ensure the safety and legality of the process. Therefore, even if the divorce is consensual, it is necessary to hire a lawyer. There are websites with lawyers specialized in expediting divorce online.
The procedure is not necessary in the case of a stable union.
Today, we will explain how this process works for those who want to do it for free, through the public defender's office.
What to do
The first step is to seek out the Public Defender's Office in your state. The type of process will vary according to certain conditions, which we will explain below.
But in general, you will need:
- Original and copy of ID and CPF
- Proof of income
- Birth certificate of child(ren) (if applicable)
- Marriage certificate
- Proof of assets involved in the division (if necessary)
Although the presence of a defender or lawyer is necessary in all cases, some conditions may delay the dissolution of the marriage.
It is worth remembering: 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.
Consensual or extrajudicial divorce
Let's first talk about divorce in which it is not necessary to go to court, when both parties agree to the separation and when they meet all the requirements, which are:
- Agreeing on divorce and other issues
- Not having minor or incapacitated children (with disabilities, for example)
In this case, the defender will only act as an intermediary for the divorce action, which can be done online or at a notary's office, in a simple manner.
Contested divorce
The other way is when there are minor or incapacitated children, such as people with certain types of disabilities.
Therefore, the Court requires that the process be brought to court and that there be an intermediary by a public prosecutor, in addition to a lawyer or public defender.
The goal is to preserve and guarantee the rights of minors. For the same reasons, pregnant women cannot get a divorce without taking legal action.
In this case, the defender will act as an intermediary in the process and will be the one to re-enter the courts.
In this case, the Family Court judge will define issues such as child custody and the need to pay alimony.
Free and online divorce
The simplest way to get a divorce is free and online.
There are no changes to the guidance given above, except that it will not be necessary to go to the notary's office.
It is also necessary to comply with the requirements that we mentioned at the beginning.
With these tips, we believe that this process, although not easy, will be less tiring for both of you!
Learn more about this and many other topics by visiting our blog!