Divorce or separation in Brazil with an American and Chilean

Member since 23 February 2020

lisarobinettdiazNew member12 March 2021 20:47:42

I don’t know where to seek information so I thought I would try here

My husband and I moved to Brazil from Chile in September of 2019. I came here to work but lost my position due to COVID. NOw I am working online as a teacher.

Long story short for the past 2 years my husband has not worked and i am totally fed up with supporting our household 100%. I have voiced my desire for a divorce and suggested that he leave and return to Chile but he will not go. He seems to have faith that we will work it out. There is no such hope. Furthermore he has zero money and if he goes back to Chile he will be arrested for non-payment of child support for the past 2 years.

I need to know what my rights are here in Brazil. He is not anywhere on my apartment lease and my apartment’s owner is my student. Should I seek her assistance in getting him out? What can I do? I asked one of my other students and he told me that since we were married in Chile, we would then have to return to Chile for a divorce. I’m seriously just fed up and want him out of my apartment and out of my life.

Help!!!!!!

abthree Brazil Expert

Member since 28 December 2017

abthreeBrazil Expert12 March 2021 21:46:51

6111

Your don't mention your immigration status or your husband's, but even if you're both permanent residents, your student is probably right: you'll likely need to return to Chile to get divorced. Contested divorces -- which is where it sounds like you're headed -- can become complicated and expensive in Brazil, and a foreign marriage between two non-citizens will give the court every reason to decline jurisdiction. Still, you'll probably want to discuss your situation with an attorney of your own choice. See whether that student or another friend can recommend someone.

Discussing your personal affairs with your landlady sounds like a really bad idea just on general principles, especially since she's your student as well, and so probably already knows more about your personal life than she should. Better to make your plans on the basis of independent professional advice, without possibly compromising your living situation. Good luck.

lisarobinettdiaz New member

Member since 23 February 2020

lisarobinettdiazNew member12 March 2021 22:04:12

We are both under the Mercosur visa. Good idea about not sharing this with my landlord. I thought maybe since it’s her property she could change the locks or something once he leaves. It’s a touchy subject but ya I think the best bet is going back to Chile. But what can I do to get him out of the apartment?! If it’s up to him he will stay here forever ! I don’t want that!

Texanbrazil ViP

Member since 10 February 2018

TexanbrazilViP12 March 2021 22:15:35

2744

abthree has explained it well. (as always) I would have said, "you have no rights" as to marriage in Brazil unless you or he is Brazilian or married in BR,
Think about it; could you file for divorce in the US? You would not have standing in US courts even being a citizen.
In Texas, we would just say "get a rope"!
I could not imagine any BR forum accepting a divorce filing by a foreigner.
If married in Chile, you will need to file for divorce in Chile.
Maybe the Chilian Embassy in BR may help or guide you. Maybe even report him on the child support.
This is above anyone's pay grade on the web or any outsider. I would seek professional legal help in Chile.

Good luck