Brazilian Family Law
Family law procedures such as divorce and child custody disputes are resolved in local family courts in Brazil. The process requires both couples to hire a common attorney to file the necessary paperwork along with completing other steps.
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History of Divorce
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Divorce was not permitted in Brazil until it was legalized by the National Congress in 1977. Previously, the country's constitution had made divorce an unbreakable contract regardless of infidelity or desertion.
Divorce Process
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According to an article by Brazilian attorney Jose C. Santiago, divorces in Brazil are granted by the court after couples have gone through a one-year trial separation. Couples can have this requirement waived and get divorced immediately if they prove they have been living separately for at least two years.
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Child Custody
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According to the United States Department of State, both parents in a child custody dispute have equal rights to custody of their children. However, the U.S. Embassy has noticed that biases appear to occur favoring mothers in cases involving small children or girls, and favoring Brazilian citizens versus foreign nationals.
Abortion Law
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Abortion is illegal in Brazil except for pregnancies caused by rape or incest or if the mother's life is at risk. According to the McClatchy News Service in October 2010, a government-funded survey showed that one in five Brazil women had received illegal abortions, which are punishable by one to three years imprisonment for the woman.
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