Disputed divorce is the divorce that happens when a couple cannot reach an agreement about the conditions of separation or when one of the people does not want the divorce to happen. It is used when the end of the marriage is not amicable and there is a dispute.
Even if the couple wants to divorce, it is possible that there is no agreement on the division of assets, custody of the children and payment of child support. In such cases, it is necessary to resort to a litigious divorce action.
See what the meaning of litigation.
this kind of divorce cannot be done at a notary's office, as opposed to consensual (amicable) divorce. The litigation can only be done through the courts and accompanied by lawyers. If the children are still underage, even if there is an agreement, the divorce must be in court.
Disputed divorce can be done through the State Public Defender's Office. The Defender's Office serves people who have difficulties in exercising their rights or who have a monthly income of up to three minimum wages.
The process there is no deadline to finish. The time may vary according to court deadlines and the amount of evidence that needs to be produced.
How Disputed Divorce Works
One of the parties must file an initial petition with the judge, through the attorney. In the petition, it is necessary to request action and request a divorce.
The other party will be called to the process and must present its answer (answer) to the facts presented, also through a lawyer.
In this phase, tests are made on everything that is declared. Vouchers, documents, photos and all types of records of the ex-couple can be used. The evidence is used by the judge to decide and publish the divorce decree.
A conciliation hearing is then scheduled to try to reach an agreement between the parties. At this hearing, the division of assets, pension and issues about children can be discussed.
If the former couple reach an agreement, the process is soon closed and divorce is decreed. If there is no agreement, a new hearing will be scheduled for judgment and decision.
There is also the possibility of appealing if one of the people is not satisfied with the sentence given by the judge.
After the litigious divorce is decreed, a writ of registration to the civil registry office. After registration, the marital status is changed to divorced.
O new Code of Civil Procedure (CPC), Law No. 13.105/2015, made the divorce process easier and faster.
The main change is that the process can now be done directly. Under the previous law, it was necessary to wait for a prior period of de facto separation, before filing for divorce.
Another change that made the process faster is that monitoring by the Public Ministry is no longer mandatory. Today, the manifestation of the MP is only required if the divorce involves children under 18 years of age.
See also the meaning of process.