Looking for a Lawyer specializing in family rights?
Monteiro & Valente Advogados Associados has lawyers specializing in the following areas of Family Law:
Divorce Lawyers
- Litigious Divorce - Judicial;
- Amicable Divorce - Extrajudicial;
- Consensual Judicial Divorce;
- Judicial separation;
- Extrajudicial separation;
- Antenuptial agreement
Lawyers for Alimony
- Compensatory Alimony;
- Grandparent's pension;
- Pregnancy maintenance;
- Provisional maintenance;
- Natural foods;
- Transitional food.
Child custody lawyers
- Unilateral custody of children;
- Alternate custody of children;
- Shared custody of children.
Other Areas of Family Law
- Inventory (Judicial and Extrajudicial);
- Home abandonment;
- Recognition or Dissolution of Stable Union;
- Interdiction / Curatorship.
Why hire a lawyer who specializes in family rights?
Family lawyers deal with the legal aspects of a case, but they also need to have the sensitivity to understand the emotional aspects of each situation, helping their clients to make the right attitudes and decisions based on the law, without getting carried away by the feelings involved.
Divorce Information
Here we summarize the important information about divorce or separation. Understand the existing types, and how to file for divorce. You can find all the information on the Divorce Law at this link: Law No. 6.515, of December 26, 1977
They are done through the courts and the law stipulates that they cannot last longer than three months. This case involves more complex situations that the couple will not be able to resolve on their own, depending on a lawyer, especially when there is a division of assets, alimony and custody of minor or incapacitated children (under 16);
Divorce done consensually can also take place through the courts. Because it is amicable, it is among the quickest forms of divorce. It is also carried out when there are minor or incapacitated children and a lawyer is present.
Out-of-court divorce is done by public deed at a notary's office. This method is authorized by Law 11.441/07, This is also the case when there are no minor or incapacitated children. The measure has facilitated the process for those who prefer to divorce consensually, known as extrajudicial divorce, which is usually completed quickly, in up to five days. Once the deed is in hand, it must be presented to the Civil Registry Office where the marriage was registered in order to change the marital status and name, if applicable.
A he difference between divorce and separation is simple: separation suspends the duties arising from the marriage, while divorce ends the marriage itself. This distinction is very important in technical-legal terms, for example: the separated couple can reconcile at any time and go on with their lives as if nothing had happened, since separation only terminates the rights and duties of one in relation to the other.
Once the problem has been overcome and the bond has been re-established, everything goes back to the way it was before. In divorce, on the other hand, things take on a more definitive character. If the parties decide to reconnect and continue life as husband and wife, they must enter into a new marriage.
It should be remembered that the term "separation of bodies" used to refer to a precautionary measure aimed at getting one of the spouses out of the home, by judicial authorization, either spontaneously or compulsorily. Nowadays, separation has fallen into disuse. Until 2009, the law required a certain period of time (one or two years, depending on the case) between the couple's separation and obtaining a final divorce. But since the Constitutional Amendment 28/2009, With the so-called "PEC of Love", this requirement no longer applies. On the one hand, the process has been speeded up, reducing the psychological strain on couples who decide to divorce. On the other hand, it has complicated the lives of those who regret it the next day and decide to reconcile. In this case, as I said, they have to start all over again with a new marriage celebration.
Divorce, how does it work?
The first step in filing for divorce is to hand over the documentation to the lawyer. Don't forget that the couple will always need legal assistance, whether through private lawyers or public defenders, regardless of whether it is a consensual judicial or extrajudicial divorce or a litigious process.
It is worth noting that the dissolution of a formal marriage involves three fronts:
- Decision on custody and visitation rights of children (when minors or incapacitated);
- Assets (which will define whether it can be an extrajudicial or judicial divorce);
- The so-called alimony (where it exists, alimony can be paid to children or to the spouse who is financially dependent on the other).
The documents needed to file for divorce are:
- Marriage certificate;
- Prenuptial agreement, if any;
- Personal documents (ID, CPF and proof of residence);
- Children's birth certificates, if any;
- and, if possible, a certificate of the assets owned by the couple.
Information on Alimony
Maintenance is the right of minor children and is valid until they reach the age of majority, i.e. until they turn 18, or, in the event of absolute incapacity, this right is extended and safeguarded indefinitely. In this section we have summarized the most important information about maintenance, but each case should be analyzed by a lawyer specializing in the subject.
Alimony goes beyond the need/possibility binomial. It differs from ordinary alimony, which is of a welfare nature, due to its reparatory and compensatory nature. Its foundation and nature is to repair the economic/financial imbalance between the ex-spouses, or ex-partners, in order to dissolve the socio-economic disadvantages and inequalities created by the end of the marriage.
If it is impossible for the parents to pay all or part of the child maintenance, it is possible and permissible for the children to ask their grandparents for maintenance, as long as it is within their financial means.
This is maintenance, or alimony, to cover the pregnant woman's expenses during pregnancy and childbirth. This includes expenses related to special food, medical and psychological assistance, complementary exams, hospitalizations, childbirth, medication and other preventive and indispensable prescriptions, as judged by the doctor (art. 2, Law 11.804/08), as well as others that the particular situation of each case requires.
This maintenance amount refers to the part of the expenses that must be paid by the future father of record. It also includes the contribution to be made by the pregnant woman, in proportion to their resources.
Pregnancy maintenance can also be requested from paternal grandparents if there is proof or a presumption of paternity. This type of action is always urgent, otherwise the right will perish with the birth, when the maintenance will obviously no longer be intended for the pregnant woman, but for the newborn child. Pregnancy maintenance will remain in place until the child is born.
If the child is alive, they are converted into child support until one of the parties requests a review (Art. 6, sole paragraph Law 11.804/08).
Terminology used by the Maintenance Law (Law No. 5.478/68) to designate maintenance fixed in limine to meet the urgent needs of the maintenance claimant during the course of the action. It is maintenance fixed initio litis, based on pre-constituted evidence, i.e. it is arbitrated at the beginning of the action based on the evidence and arguments presented by the plaintiff about the need of the person claiming it and the possibility of the person who will have to pay it. It is called provisional maintenance because it is expected to be replaced by a permanent measure at the end of the action.
This is the name given to maintenance, or alimony, which is intended to cover the expenses that are strictly necessary for the alimony recipient's survival, just for their basic needs. They are also called necessary alimony. The alimony recipient's basic needs are considered to be food, health, housing, education and transportation. The alimony recipient's social condition and standard of living are not taken into account. The law uses the expression "food indispensable for subsistence", without indicating its content, which is only possible with the analysis of each case.
This term is used to describe maintenance fixed for a fixed period of time. This modality is very common in maintenance relationships between ex-spouses and ex-partners, who will only need food aid temporarily, until they are able to survive financially. They can be established for a predetermined period or conditioned on the occurrence of a specific condition, for example, until the couple's assets are shared, or until the alimony recipient starts working.
Alimony, how to request it?
The only way to apply for child support is through a lawsuit that must be filed by a lawyer or public defender, usually in the court of the child's city (there are some specific rules when it comes to child support between spouses/partners living in different cities, consult a lawyer or public defender to find out more).
To claim alimony, you need originals and a simple copy of the following documents:
- Child/adolescent's birth certificate;
- ID of the child/adolescent, if any;
- ID of the child/adolescent's legal representative;
- CPF of the child/adolescent's legal representative;
- Marriage Certificate (or divorce) or Declaration of Stable Union (or dissolution);
- If the legal representative of the child/adolescent is under 18, he/she must be accompanied by his/her legal representative, with ID, CPF and proof of address;
- Document proving legal representation (child's birth certificate, guardianship or curatorship);
- Up-to-date proof of address for the legal representative and the child/adolescent (copy of water, electricity or postal bill);
- Any document that proves how much the person paying the child support earns (photos of cars, houses, proof of expenses, credit card bills, etc);
- Documents that prove how much the child/adolescent needs, such as: medical prescriptions, school enrollment statement, other expenses.
The following information must also be provided:
- ID of the person who must pay alimony;
- CPF of the person who must pay the pension;
- Business and residential address of the person who must pay maintenance;
- Bank account number, bank name and branch number where pensions should be deposited.
- If the child is older, between 18 and 24 years old, bring proof that they are studying.
- If the child is of legal age and has special needs, such as an interdicted person, or any other cause that makes it impossible for them to support themselves, bring proof of their special needs.
It is important to note that if the applicant is under the age of 18 and over the age of 16, they will need to attend a consultation with a lawyer or a public defender. Other necessary documents will be requested by the lawyer, as well as any authentication.
Information on child custody
According to article 1.632 of the Civil Code, divorce does not change the affective and responsibility relationships with children. There are three types of custody in Brazil: unilateral custody, alternate custody and shared custody.
In this type of custody, only one of the parents has responsibilities and decides for the child, and the other is responsible for visiting the child on days and times agreed between the parties or determined by a judge.
Unilateral custody is only granted in cases of abuse, abandonment or lack of conditions that prevent one of the parties from sharing custody or when one of the parents gives up custody of the child in favor of the other.
Important: According to article 1.584, paragraph 5 of the Civil Code, as amended by law 13.058/14, if the judge finds that the parents are unable to take responsibility for the child and care for him or her, he or she will define another guardian according to the degree of kinship and affective ties with the child.
This type of modality is a creation of doctrine and jurisprudence, as it is not provided for by law. In this model, the minor has two residences, that of the father and that of the mother. Both are responsible for the rights and duties of the child/adolescent and there is alternation of residences, i.e. one week they can live with the mother and one week they can live with the father. The periods of alternation will be defined by agreement between the parents.
This type of custody is supported by law 13.058/14. Shared custody is the best solution for the parents of a child who do not live together, as it involves joint responsibility for everything relating to the rights and duties of the child and adolescent. In this case, the child has a residence and the party who does not provide the residence can visit the child at any time, without the need for judicial intervention.
How to ask for custody of your child?
Where can I ask for custody of my child? The request is made to the judge through a lawyer. The first step is to define who will lawyer responsible for your case. Once the lawyer has been chosen, he or she will take the necessary steps to file for custody through a lawsuit.
What documents are needed to request custody of a minor?
- minor's birth certificate;
- identification document of the person applying (ID, CPF, birth or marriage certificate);
- proof of residence;
- proof of income (copy of payslip, inss benefit, etc);
- name and address of the child's biological parents;
- documents proving that you have custody of the child (such as a medical certificate, vaccination card, school attendance document, etc;);
- criminal record certificate (negative).
Regional coverage of Monteiro & Valente Advocacia.
Monteiro & Valente Advogados also serves the cities of:
- Francisco Morato, SP
- Franco da Rocha, SP
- Vázea Paulista, SP
- Indaiatuba, SP
- Salto, SP
- Itupeva, SP
- Campo Limpo Paulista, SP
- Jacaré, SP
- Cabreúva, SP
- Pirapora do Bom Jesus, SP
- Araçaiguama, SP
- Bom Fim do Bom Jesus, SP
- Vigoreli, SP
- Cajamar, SP
- Louveira, SP
- Vinhedo, SP
- Itatiba, SP
- Jarinu, SP
- Atibaia, SP
- Valinhos, SP
In the city of Jundiaí, SP, talk to lawyers closest to the neighborhoods:
- Municipal Village
- Tulips
- Tarumã
- Cecap
- Jundiaí Mirim
- St. John's Bridge
- Eloy Chaves
- Medeiros
- Fattening
- Cologne
- Santa Gertrudes
- Vila Liberdade
- Gramadão
- Jardim Luciana
- Horto Santo Antonio
- Vila Guarini
- Vila Rio Branco
- Jardim Carlos Gomes
- Vila Mafalda
- Jardim California
- Blue Valley II
- Caxambu
- Jardim Tamoio
- Vila Progresso
- Vila Rami
- Jardim Búfalo
- Anhangabaú
- Vila Isabel Eber
- Vila Campo Sales
- Jundiaí Center
- Portal das Paineiras
- Jardim Pacaembu
- Vila Arens
- Vila Vianelo
- Retreat
- Vila Maringá
- Hortolândia
- Fazenda Grande
ADDRESS
RUA CRUZ E SOUZA, 352
FREEDOM VILLAGE
JUNDIAÍ-SP
ZIP CODE: 13215-200
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