Contested divorce · SPD Advocacia

The other party does not accept the divorce, or there is no agreement? See the path

Divorce in court, child custody, support, division of assets and urgent measures. Understand how it works and send your case to the team.

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What is your case?

When there is no agreement, the courts decide

No one is required to stay married. If the other spouse does not accept the divorce or there is no agreement on children, support or property, the request is made in the courts, and the judge decides whatever remains in dispute.

The other party does not accept the divorce

Divorce does not depend on consent

Since Constitutional Amendment 66/2010, there is no need to prove fault or wait for a set period. The case focuses on children, support and assets.

Constitution, art. 226, § 6º

No agreement about the children

Custody, parenting time and support

The judge decides based on the children's best interests. Shared custody is the rule when both parents are fit, and support takes into account the children's needs and the payer's means.

Civil Code, arts. 1,584 and 1,694

I need support now

Temporary support

With proof of the relationship, the judge can set provisional support right at the start of the case, for the children and, in some cases, for the ex-spouse.

Law 5,478/1968, art. 4

Dispute over assets and debts

Division in court

The judge divides the property according to the marital property regime and may grant the divorce first, leaving the division for later, so that the case does not stall.

Civil Code, art. 1,581

There is violence or threat

Protection first

In cases of domestic violence, protective measures can be requested, such as removing the aggressor from the home. Where there is a risk of violence, the law prohibits shared custody.

Law 11,340/2006; Law 14,713/2023

I was served

Defense in the lawsuit

Anyone served in a divorce action should see a lawyer right away. The deadline to file a defense runs from the conciliation or mediation hearing, and the requests about children and assets must be answered.

CPC, arts. 335 and 697

Before filing the lawsuit

Organize the evidence

About the children

Who takes care of the children day to day: school, health, routine and monthly expenses. Messages and documents showing each parent's involvement help decide custody, parenting time and support.

About assets and income

Property registrations, vehicle documents, bank statements, financing contracts, income tax return and proof of the other party's income, if you have them. Assets in the name of third parties or a company should also be reported.

Sources: Constitution, art. 226, § 6; Civil Code, arts. 1,581, 1,584 and 1,694.

Do not hide or sell joint property, do not take the children out of the home without agreement or a court decision, and do not stop paying the children's expenses on your own. Actions like these can count against you in the case. This page provides general information and does not replace an analysis of your case.

Step by step

How the process works

Review and strategy. We understand the points of conflict, the evidence and what is urgent, such as support, custody or protection.
Initial complaint. Divorce petition with custody, visitation, support and division of assets, plus urgent requests such as temporary support.
Service of process and a conciliation or mediation hearing. In family cases, the judge first seeks an agreement. If one is reached, the case ends faster.
Defense and evidence. Without an agreement, the other party files a defense. There may be a social study, psychological evaluation, witnesses and documents.
Judgment. The judge decides custody, visitation, support and the division of property. The divorce can be granted first if the rest is still in dispute.
Records and compliance. Annotation of the divorce, registration of the property division and, if needed, collection of support.

Sources: CPC, arts. 693 to 699.

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Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Can the other party prevent the divorce?

No. Divorce is a right of each spouse. What can be disputed in the case are the issues of children, support and property.

Do I need to move out?

Moving out of the home does not make you lose your rights to the property. Before making that decision, it is worth talking to the lawyer, especially when there are children or a risk of violence.

How long does it take?

It depends on the point in dispute, the court and the evidence. Many cases end in an agreement at the mediation hearing. When the dispute is only about assets, the divorce can be granted before the division.

I don't know how much the other parent earns. Can I still ask for support?

Yes. The judge may request information and consider signs of lifestyle. Tell us in the form what you know about his work and assets.

The other party lives in another city or abroad.

That does not prevent the lawsuit. The firm serves clients throughout Brazil and abroad, and the strategy takes into account where each person lives.

How much does it cost?

It depends on the complexity and the points in dispute. After the analysis, the firm sends a written fee proposal before any engagement.