What is the difference between a consensual and a contested divorce?
In a consensual divorce the parties already agree on the division of assets, custody and maintenance, and it can be completed before a notary where there are no minor children or children lacking capacity. In a contested divorce there are still points in dispute and the decision goes to a judge. A case that begins contested can become consensual at any moment.
How does joint custody work?
Joint custody means that decisions about the child's life remain with both parents; it does not mean that time will be split down the middle. The main residence and the days spent with each parent are set out in a parenting plan, taking account of the school routine, the distance between homes and each parent's availability.
How is the maintenance amount calculated?
There is no fixed percentage in the law. The amount comes from balancing the needs of the recipient against the means of the payer, based on the child's documented expenses and the parent's income. That is why records of spending and income weigh more than any advance estimate.
Can maintenance or custody already settled be reviewed?
Yes. Custody, visitation and maintenance can be reviewed whenever there is a material change in the position of the payer, of the recipient or in the child's routine, such as job loss, increased expenses, a move to another city or a change of school.
What can be done when maintenance is not paid?
Maintenance enforcement proceedings are available, allowing the debt to be formally protested, the debtor listed on default registries, assets and funds attached and, in the cases the law provides for, civil imprisonment of the debtor. The sooner enforcement is filed, the better the chance of recovering the full amount.
We live together without being married. Does that create rights?
Yes. A civil partnership is recognised where the cohabitation is public, continuous and with the intention of forming a family, and it has effects on the division of assets, maintenance and succession. It can be formalised by deed, setting the property regime, or recognised later, including through the courts.
Do we need to come to the office in person?
No. The service can be provided entirely remotely, allowing the documents to be reviewed and the case followed with security, speed and discretion.
If you prefer to meet in person, Doering Darcie Advocacia e Consultoria has offices in Porto Alegre and São Paulo for meetings by prior appointment.
