Florida Marriage & Divorce in Brazil

by R. from Brazil

I got married in Florida but me and my ex husband are Brazilians. Now we both live in Brazil. How do I get a divorce?

We don't live together for almost 2 years now. Does my "American marriage" is legal in Brazil? I need help. How do I begin?

Answer to Florida Divorce Question

Dear R.,

I don't know anything whatsoever about Brazilian laws.

The first thing you need to find out is whether or not Brazil recognizes marriages between Brazilian couples when the marriage took place in the United States.

As you said, was your "American marriage" legal in Brazil in the first place?

If it isn't then that may be a good thing, since you are now trying to dissolve it.

If your government does recognize your U.S. marriage as valid; then I expect you would go through the same processes and procedures as any other divorce in Brazil.

If the situation were turned around and an American couple were married in another country, then came back to the states and wanted a divorce, the results might vary. For example, the validity of a marriage where there was a "destination wedding" will most likely be valid.

However most couples who are marrying abroad will also marry in the United States. According to www.foreignborn.com:

Validity of Marriages Abroad

In general, marriages that are legally performed and valid abroad are also legally valid in the United States. When you are married abroad, the marriage ceremony is almost always performed by local (foreign) civil or religious officials.

American diplomatic and consular officers are not permitted to perform marriages, and, as a rule, marriages are not performed on the premises of an American embassy or consulate.

The validity of marriages overseas is not dependent upon the presence of an American diplomatic or consular officer, but upon adherence to the laws of the country where the marriage is performed.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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