How Long Does Divorce Take in Brazil?
The timeline for divorce in Brazil depends on whether it's mutual or contested. Waiting period: None. Here's what to expect at each stage.
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- ✓Waiting period: None
- ✓Residency requirement: Residence in Brazil
- ✓Divorce type: No-fault (direct divorce since 2010)
- ✓Average duration (notary): 1-2 weeks
- ✓Average duration (judicial): 6-18 months
- ✓Mutual consent/uncontested: typically the fastest path
- ✓Contested: can take 1–3+ years depending on complexity
- ✓Mediation can significantly speed up resolution
How to Divorce in Brazil: Step-by-Step
- ✓Choose path: Extrajudicial (notary) if mutual consent, no minor children, no pregnant spouse. Otherwise judicial.
- ✓Notary divorce: Both spouses appear with lawyers at a cartório. Can be done in a single session.
- ✓Judicial divorce: File at the local Vara de Família (family court). Required if children involved.
- ✓Partilha de bens: Property division — can be done at divorce or later.
- ✓Certidão de divórcio: Divorce certificate issued. Registered in the civil registry.
What Can Slow Things Down
- ✓Disagreements over property, custody, or support
- ✓Incomplete or disputed financial disclosures
- ✓Court backlogs and scheduling delays
- ✓International complications (assets or spouse abroad)
- ✓One spouse being uncooperative or unreachable
- ✓Appeals or motions during the process
Tips to Speed Up Your Divorce
- ✓Agree on as much as possible before involving the court
- ✓Complete financial disclosures thoroughly and promptly
- ✓Consider mediation or collaborative approaches
- ✓Be organized — gather all documents early
- ✓Hire an experienced local family law professional
- ✓Be realistic about outcomes — fighting costs time and money
Every situation is different
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Legal Disclaimer: This article covers Brazil divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Brazil for advice specific to your situation.