Divórcio - Quero me divorciar, como devo proceder?,
Como especialistas em Direito de Família, muitas vezes nos deparamos com esposas e maridos que estão vivendo na indecisão da separação. São pessoas que vivem separadas de seus respectivos cônjuges, mas que não parecem ter muita pressa para pedir o divórcio
Atenção: não estamos falando de casais que resolveram “dar um tempo”. Estamos falando de separações definitivas, que já se estendem por vários anos.
Você sabia que, no Brasil, um em cada três casamentos termina em divórcio? A pesquisa, realizada pelo IBGE em 2017, mostra como a porcentagem de divórcios aumentou 269% desde a promulgação da Lei do Divórcio, em 1977.
Por mais terrível e devastador que a separação possa vir a ser, há algumas coisas super importantes que você precisa saber. Manter o vínculo conjugal, mesmo estando separado, gera diversas consequências jurídicas – as quais podem causar muita dor de cabeça no futuro. Confira as 3 dicas fundamentais para quem pensa em se divorciar.
Sumário
1 – Procure um advogado
Quando o divórcio é inevitável e a decisão está tomada, nos deparamos com mais um problema que vai além da fronteira sentimental: encontrar um advogado.
Você pode facilmente utilizar um serviço de buscas na internet ou utilizar as “páginas amarelas”. Mas não é bem assim que funciona. Você precisa buscar referências.
Porém, analise as referências com bastante cautela. Não esqueça: na hora de contratar um advogado para o seu processo de divórcio, uma certa impessoalidade é necessária.
É aconselhável também que o advogado que você escolher para esse processo seja diferente do advogado do seu parceiro. Dessa forma, o ideal é contratar um representante exclusivo e, de preferência, especializado na área de Família e Sucessões.
Aconselha-se também que a primeira conversa com o advogado aconteça antes mesmo de comunicar a separação ao seu cônjuge. Assim, pode-se ter uma ideia clara do que vem pela frente e receber instruções sobre a melhor maneira de agir.
2 – Junte a papelada
Depois que você escolher um advogado que lhe passe segurança e confiança, que desenvolva um papel sério e profissional, chegou a hora de reunir toda documentação exigida para o divórcio.
Essa lista varia de caso para caso, mas de maneira geral, normalmente pede-se:
- Certidão de casamento;
- Certidões de nascimento dos filhos (se houver);
- Cópia dos documentos (RG e CPF) dos cônjuges;
- Documentos dos veículos (carros, motos, aeronaves e embarcações);
- Documentos dos imóveis adquiridos ao longo da vida conjunta.
LEMBRE-SE: esta lista tem finalidade apenas informativa. Não substitui uma consulta a um profissional. Converse com seu advogado e veja detalhadamente todos os documentos necessários para o seu caso específico.
Sempre frisamos que os processos de divórcio e separação têm como objetivo principal resolver um conflito que causa muito sofrimento e angústia aos envolvidos, e que pode gerar prejuízos emocionais, psicológicos e financeiros a muita gente.
O conflito atinge as partes, os filhos, e gera reflexos em outras áreas da vida, como o trabalho, a empresa e o patrimônio. Quanto mais tranquilo o processo, menos sofrem os envolvidos.
3 – Entre com o pedido de divórcio
Nessa fase, você precisa ter consciência que existe diferença entre os termos “Divórcio” e “Separação”.
De maneira simplificada: quando o casal apenas deixa de viver junto como marido e mulher sem recorrer ao judiciário, diz-se que o casal está separado. A separação não quebra o vínculo jurídico do casamento e as suas consequências, ou seja, os envolvidos nesse processo não podem casar outra vez enquanto não estiverem divorciados.
Após escolher um advogado, juntar a papelada e identificar o tipo de processo de divórcio que se encaixa no seu caso, é hora de entrar com o pedido.
Uma mudança na Constituição, em 2010, facilitou bastante os processos de divórcios, eliminando a antiga necessidade de passar antes pelo processo de separação judicial. Além disto, a Lei 11.441/07 autorizou a realização de separações e divórcios consensuais através de escrituras públicas lavradas em cartórios.
Valores: custa caro se divorciar?
Depende!
O valor deste tipo de processo depende de diversos fatores, como, por exemplo, se vai ser judicial ou se vai ser feito em cartório, se tem filhos menores de idade ou incapazes envolvidos, qual a situação dos bens que serão partilhados.
É interessante que você consulte seu advogado e tire todas as dúvidas antes de entrar com o pedido de divórcio.
Antes de tomar decisões precipitadas, consulte um advogado de confiança
Num momento tão delicado quanto um pedido de divórcio, é importante que a família conte com o auxílio e apoio de um advogado de confiança.
Nós, da Advocacia Aline Angel Cordeiro, reiteramos a necessidade do aconselhamento de um profissional nos casos de divórcio e qualquer tipo de mudança jurídica que vá mexer nos alicerces da família.
LEMBRE-SE: este post tem finalidade apenas informativa. Não substitui uma consulta a um profissional. Converse com seu advogado e veja detalhadamente tudo que é necessário para o seu caso específico
Links Relacionados
- Direito de Família – Direito de Família
- Divórcio decorrente da pandemia – O divórcio decorrente da pandemia
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