Monday, December 28, 2009

How does a woman from Brazil obtain a divorce from an American man if marriage took place in Brazil?

We live in Florida and our children were born here. I do not mind staying in Florida so we can share care of the children, but he does not want to grant a divorce because he thinks I will move back to Brazil with the children. I would like to visit there with them on occasion. Our only union ceremony took place in Brazil over 7 years ago. How do I file? Do I need to go to back to Brazil or can it be done here in Florida? I have limited financial resources.How does a woman from Brazil obtain a divorce from an American man if marriage took place in Brazil?
As far as the law is concerned you are not married in the US. The only issue for the two of you here would be deciding custody of the children and child support. Go to your local courthouse and speak to them, they offer low cost services to help you.


In Brazil, however, you may be married if you married in the civil and religious. If it was only a religious wedding, then legally that does not count either.


In order for you to take the children to Brazil to visit, both you and the father have to sign so they can have a passport and visa. In addition, you will have to have a notarized letter signed by him allowing you to leave the country with them.


How does a woman from Brazil obtain a divorce from an American man if marriage took place in Brazil?
File in USA that is where you reside and it is all you can do at present.





I may be wrong as I am UK





EDIT





Marriage in most countries are legal in most other countries. Did you sign a regiser in front of a legally sworn official. In other words Do you have a marriage certificate? If so then no worries. My UK marriage is legal in USA, Canada, South America and the rest, your Brazil marriage is Legal in UK, USA. Austrailia, Europe Asia and others.
You can file for the divorce in the state that you reside in.
If you were married overseas (unless it was on a military base) then it is not legal here.

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