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I was married to my husband in Brazil, and we have decided to get a divorce. I live in the United States, and my husband has never been here, we were married in Brazil. We have no children of the marriage, and we have both decided that it’s best if we get divorced. He states that he will sign my paperwork for divorce, but does not want to come to the United States for the court dates. I stated I would fly to Brazil to sign the divorce documents. I wanted to know if we would be able to legally get divorced in both the United States and Brazil? I am now an American citizen and have no plans on ever moving back to Brazil.

ANSWER:

In a situation such as these, the courts have rules to deal with these particular situations. If you file for divorce and your spouse is located outside the country, in the situation Brazil, you may still get divorced in United States. Regardless if your spouse shows up to any of the court proceedings, you will still be able to obtain a legal divorce in the state of Massachusetts or Rhode Island (as is the case with most other states). The case will not move as quickly as it would all party showed up at all court dates and move the proceedings along as quickly as possible, but with an experienced family law attorney the process will still be completed in a timely manner. In my law firm considering we live in the North East, we handle many divorces which were either started in other countries or where one of the parties no longer lives in United States, and we have never had a situation where we could not obtain a divorce for our clients. With that being said we have handled divorces with people from Brazil and they have been able to obtain a divorce and Brazil. The problem really is that there are so many different countries, this question cannot blanket bleed be answered for all countries. Some countries do not even allow divorce, and the laws of some countries make it impossible to get divorced without you physically being in that country during the court proceedings. In answering this question I’m simply answering if you are married in another country and you now live in the United States can you obtain a legal divorce in the United States and move on with your life here in the United States, it would best serve your purposes to contact a lawyer in the particular country you have a question about, as United States attorney couldn’t possibly be expected to know the laws of every country on the planet.
Joseph F. Botelho, Esq.

BOTELHO LAW GROUP
Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688

Email: jbotelho@botelholawgroup.com

https://www.botelholawgroup.com/

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