Can I file for divorce from Brazil?

Aug 8, 2012 by

Question: 

I have a permanent restraining order against my husband. I am 8 month pregnant and came to my hometown in Brazil to have my baby here with my family. My husband is American and wants his rights as father of our baby… Can I file for divorce from here? What are his rights with restraining order?

State: 
New Jersey

Answer: 

You didn’t provide enough detail to really answer your questions here, like your current location? Brazil or New Jersey. Where was the Restraining Order issued and for how long? Assuming you’ve left the country and without knowing the specifics of Brazilian law on the subject, it would seem you might be able get a Brazilian divorce and have that recognized in the US. To find out more about the validity of your foreign divorce you will have to contact the office of the attorney general in the state where you got married or wish to have your divorce recognized. This will not be a simple and quick process, especially if you are attempting to handle it long distance. It sounds like an attorney could be especially helpful in this case. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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