Divorce issues

Last activity 02 September 2015 by spanishpete

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india121Member01 September 2015 10:44:57

Hi Mr. James,

Greeting !!!
Really nice to see your blog and seeing you’re except level advice, hands off to you. I have one situation hope you can guide me;

I have one Brazilian girlfriend and she is married and have 3 kids also. From past 3 year she was separated from his husband and after that, she again went back to him and now she want to give her divorce again,

now can you tell me again she has to be separate for 3 more years are she can give him divorce and can be free soon .

kindly give me your advice what she can do to get divorce and her husband is saying he will not give her divorce .

Thank

JamesViP01 September 2015 11:46:14

11272

If a divorce is by mutual agreement, and all issues like division of marital assets, child support and custody are resolved between the parties, then they can apply for a divorce in the Cartório after one year of separation (judicial or de facto). It is quick and simple.

If there is any kind of dispute and they can't agree on all issues then they must seek a judicial divorce. First they must apply for "Separação de Corpo e Partilha dos Bens", and then after one year they can apply for a judicial divorce. In Brazil such divorces can take several years to obtain.

I'd be more concerned about even being able to get married to her or anyone in Brazil because you would not get a visa that would give you a long enough stay in Brazil to get through the 30 - 45 day marriage process, if you were fortunate to get a visa in the first place. Unfortunately, Brazil has set requirements for citizens of India, Pakistan and Bangladesh that are about 20 times more difficult to meet, than they have for citizens of any other countries. It is almost unheard of for citizens of those three countries to obtain a visa permitting a stay longer than 7 - 30 days maximum on their first ever visa application. Certainly they never get a 5 year, multiple entry, 90 day stay visa until they've been to Brazil at least once and returned home afterwards.

Much easier for her to come to India and get married there I'm afraid.

Cheers,
James Expat-blog Experts Team

BhavnaTeam02 September 2015 06:03:58

40232

Hello everyone,

So as to avoid any off-topic on the other thread, i created a new topic from your posts on the Brazil forum so that you may better communicate.

All the best,
Bhavna

spanishpeteSerial expat02 September 2015 19:54:22

772

yes I would say give her up and find another one, they plenty out there without this hassle
just kidding, well maybe

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