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Divorce in Brazil and US

Last activity 03 February 2023 by abthree

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dandowumn

My Brazilian spouse wants a divorce and we are in this process here in Brazil. She said that once the divorce goes through in Brazil, we could "register" it in the US and would not have to divorce in the US.  Is this true? And if so, how does one "register" a divorce in the US?  Some potentially important details: We married in the US (Ohio) and registered the marriage here in Brazil (Brasilia).   

sprealestatebroker

My Brazilian spouse wants a divorce and we are in this process here in Brazil. She said that once the divorce goes through in Brazil, we could "register" it in the US and would not have to divorce in the US. Is this true? And if so, how does one "register" a divorce in the US? Some potentially important details: We married in the US (Ohio) and registered the marriage here in Brazil (Brasilia). 
-@dandowumn


Not an attorney, but if you are going to take the lead of your  former Mrs, you are asking for trouble.


More than likely you will  have to file the divorce on both jurisdictions, no ifs or buts.  There's no such a thing as a handover of change in your marital status from one country to another.    No one is going to pick up the phone and convey your change in marital status to be filled both ways ,  and all of the sudden it's all hanky dory.


To begin with, the Local Brazilian  Cartorio's Clerk  won't even know what is a Registry of Deeds, even through it is the same thing.  Expecting Brazilian clerks, attorneys, or bureaucreats to be diligent and thorough is wishful thinking.


This sound more like a dismissive nonsense blabler from her,  so she won't have to go through the process and spend money of hers into this. She is dumping the whole undertaking  over your shoulders as much as she can get away with it. 


Tidy it up and round all of the bases.     Pick up the phone, make a call to your County's Register of Deeds in OH, and get it sorted out from the source. 

Grongie

This is accurate. You need to petition a US court for recognition of a foreign judgment. Then an US judge will decide if the Brazilian divorce was fair to both parties and if so, grant the divorce in the US.

rraypo

My Brazilian spouse wants a divorce and we are in this process here in Brazil. She said that once the divorce goes through in Brazil, we could "register" it in the US and would not have to divorce in the US. Is this true? And if so, how does one "register" a divorce in the US? Some potentially important details: We married in the US (Ohio) and registered the marriage here in Brazil (Brasilia). 
-@dandowumn

I am sorry to hear of your divorce and wish you the best. May I ask if you have residency in Brazil and what will happen to that now?

abthree

02/02/23 My Brazilian spouse wants a divorce and we are in this process here in Brazil. She said that once the divorce goes through in Brazil, we could "register" it in the US and would not have to divorce in the US. Is this true? And if so, how does one "register" a divorce in the US? Some potentially important details: We married in the US (Ohio) and registered the marriage here in Brazil (Brasilia). 
-@dandowumn


Marriage in the United States is under the jurisdiction of each state, so since you were married in Ohio, your first step should probably be to contact the Probate Court Marriage Department of the county where you were married, and ask them what you need to do for your Brazilian divorce to be recognized there.  Best of luck to you.

jasonlovesdogs

My understanding is US states recognize marriages and divorces in foreign jurisdictions. And visa versa. So if you get married in the US, it would be recognized in Brazil. If you get divorced in Brazil, it's recognized in the US. If you want to get remarried at a latter time, you just show the Brazilian divorce document to the state if they ask for proof of divorce when you want to get remarried. But you should consult a lawyer for legal advise on this matter.

sprealestatebroker

My understanding is US states recognize marriages and divorces in foreign jurisdictions. And visa versa. So if you get married in the US, it would be recognized in Brazil. If you get divorced in Brazil, it's recognized in the US. If you want to get remarried at a latter time, you just show the Brazilian divorce document to the state if they ask for proof of divorce when you want to get remarried. But you should consult a lawyer for legal advise on this matter.
-@jasonlovesdogs


1. "You need to petition a US court for recognition of a foreign judgment. Then an US judge will decide if the Brazilian divorce was fair to both parties and if so, grant the divorce in the US.  (Grongie)"


2."contact the Probate Court Marriage Department (abthree)"



And then, it needs to be filed in both Jurisdictions.   

Recognition does not eliminates the fact you need the Divorce to be granted, and then registered on both jurisdictions.



You need to take care of lose ends on our own.  If she does not meet the length of time to apply for a Green Card, or decides file claims for pension, or property of yours, and you haven't gone trough the trouble to be in the clear with paperwork you will be in shit's creek.

abthree

02/03/23 Please note that the advice "Contact the Probate Court Marriage Department" applies only to Ohio residents like @dandowumn, because that's the bureau that has jurisdiction over marriages in Ohio.  Every state is different -- in my case, for example, it would be the County Clerk, because we were married in Illinois.

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