Divorced in the U.S.? In Brazil, you are still listed as married.
Your American divorce decree ends the marriage in the United States, but it does not update your record in Brazil on its own. Depending on your case, the request goes straight to a Brazilian registry office (cartório) or must first be recognized by Brazil's Superior Court of Justice (STJ). Cartório BR prepares the paperwork and follows every step, with no trip to Brazil.
- No trip to Brazil
- Apostille and sworn translation included
- A team in the U.S. and in Brazil
The American court ended the marriage. The Brazilian registry office doesn't know it yet.
In the United States, a divorce ends with a judgment signed by a judge: the Divorce Decree (called a Judgment of Dissolution in some states).
Brazil recognizes that judgment, either directly at the registry office or after the STJ confirms it, depending on the case. But nothing changes on its own: someone has to request that the divorce be noted on your marriage record. That note is called an annotation (averbação).
Until then, your Brazilian marriage certificate does not show the divorce. To government agencies, registry offices and banks in Brazil, you are still "married."
Many people only find out years later, when they try to remarry, sell a property or get a document in Brazil and the request is turned down.
In the meantime, your life in Brazil is on hold.
You cannot remarry in Brazil or at the consulate. Selling a property requires your former spouse's signature. Probate and a name change on your documents are stuck without the updated certificate. A Divorce Decree tucked away in a drawer solves none of this.
How your American divorce becomes valid in Brazil
The answer is the annotation: the American judgment is noted on your marriage record at a Brazilian registry office.
Once it is done, your marriage certificate shows the divorce, and your marital status is updated nationwide.
There are two routes, and what your decree says determines which one applies to you:
Straight to the registry office: when the divorce was uncontested and the decree only ends the marriage, without ruling on child custody, division of property or support. The National Code of Rules of Brazil's National Council of Justice (CNJ) calls this a simple, or pure, uncontested divorce. The complete decree, with proof that it is final, is apostilled, translated by a sworn translator and filed with the registry office. No Brazilian judge or attorney is involved.
Through Brazil's Superior Court of Justice (STJ): when the decree also rules on child custody, support or division of property, or when the divorce was contested. In that case, the STJ must first confirm the decree, a step called recognition (homologação), and only then can the registry office make the annotation. This route requires an attorney.
What if you got married in the United States, in a civil ceremony or at the Brazilian consulate? Then the marriage is not yet on the Brazilian record. Cartório BR asks a registry office in Brazil to record it (a step called transcription) and, in the same application, to annotate the divorce.
Divorce Decree in English, valid in the United States.
Decree apostilled, translated and annotated at the registry office.
Who this service is for
Married in Brazil and divorced in the United States
The marriage is already registered in Brazil. All that is left is to note the American judgment on it: the annotation.
Married in a U.S. civil ceremony
The marriage was never registered in Brazil. In a single application, Cartório BR requests both the recording of the American marriage certificate (transcription) and the annotation of the divorce. Everything is done through a private power of attorney signed with an ICP-Brasil digital certificate (Brazil's official digital signature), with no trip to Brazil.
Married at the Brazilian consulate
First, the consular marriage certificate is recorded at a registry office in Brazil (transcription). Then comes the annotation of the American divorce.
Lost your Divorce Decree or have only a plain copy
Cartório BR requests a new certified copy of the decree from the American court, which is the version Brazil accepts.
The missing annotation only comes to light when you need the certificate most.
Many people file away the Divorce Decree with a sense of closure. In the United States, it is. The problem arises when Brazil enters the picture.
You meet someone and want to get married. The Brazilian registry office or the consulate asks for an updated certificate, finds "married" and cannot perform the new marriage.
You want to sell the apartment you still own in Brazil. The real estate registry asks for your former spouse's signature because, on record, you are still married.
One of your parents passes away and probate begins. Each heir's marital status must be correct on their certificate, and the case stalls until the annotation is made.
You want to go back to your maiden name on your passport, ID card (RG) or taxpayer number (CPF). Without the annotated certificate, the name change is not accepted.
In every one of these cases, the solution is the same: the annotation. Done ahead of time, it moves along without pressure. Left to the last minute, it holds up everything else.
Without the annotation, these can be held up:
- A new marriage in Brazil or at the consulate
- Selling or gifting property in Brazil
- Probate and the division of an estate
- Going back to your maiden name
- Updating your passport, ID card (RG) and CPF
- A survivor's pension and other matters with Brazil's Social Security Institute (INSS)
- Opening or updating a bank account in Brazil
- Splitting jointly owned assets on your Brazilian income tax return
The law says when the registry office is enough and when the case goes to the STJ.
The Brazilian Code of Civil Procedure, Law No. 13,105/2015, deals with foreign judgments in Article 961. Section 5 provides that a foreign judgment of uncontested divorce has effect in Brazil regardless of recognition by the Superior Court of Justice. Section 6 adds that, in that case, any judge may examine the validity of the decision if the question comes up in a case within their jurisdiction.
Brazil's National Office of the Inspector General of Justice (Corregedoria Nacional de Justiça) set the rules for registry offices. The rule was first introduced by CNJ Provision No. 53/2016 and is now part of the National Code of Rules for Extrajudicial Services, CNJ Provision No. 149/2023, Article 464. Under that article, the civil registry officer makes the direct annotation of a foreign judgment of simple, or pure, uncontested divorce. Neither prior recognition by the STJ nor the involvement of another judicial authority or an attorney is required.
Section 3 of the same article draws the line: if the decree also rules on child custody, support or division of property, it is a qualified uncontested divorce, and the annotation depends on prior recognition by the STJ.
Article 465 lists what the registry office receives for a direct annotation: a complete copy of the foreign judgment, proof that it is final (trânsito em julgado), an official sworn translation and an apostille. Article 466 covers going back to a maiden name: the foreign judgment must expressly provide for the return to that name, unless foreign law allows it or a foreign civil registry document proves the name change.
Recognition by the STJ follows the Court's Internal Rules, Articles 216-A to 216-X, and the requirements of Article 963 of the Code of Civil Procedure. Under the Internal Rules, the case is filed by an attorney, with the original judgment or a certified copy, translated by a sworn translator in Brazil, and with proof that the decision is final.
The law does not explain how to tell one case from the other in practice, or how to prepare the American decree so that the registry office accepts it the first time, with no requests for corrections. Cartório BR reviews your Divorce Decree with that in mind before anything else.
A foreign judgment of uncontested divorce has effect in Brazil regardless of recognition by the Superior Court of Justice. Article 963 sets out the requirements for recognition.
The direct annotation of a foreign judgment of simple, or pure, uncontested divorce is made by the civil registry officer, with no prior recognition by the STJ, no involvement of any other judicial authority and no attorney. If the judgment also rules on child custody, support or division of property, the annotation depends on prior recognition by the STJ. Article 465 lists what the registry office receives for a direct annotation: a complete copy of the foreign judgment, proof that it is final, an official sworn translation and an apostille.
It was the CNJ's first rule on direct annotation. It has been revoked; the rule now appears in CNJ Provision No. 149/2023.
The recognition case is filed by an attorney, with the original judgment or a certified copy, translated by a sworn translator in Brazil, and with proof that the decision is final.
What you need to send
If you got married in a U.S. civil ceremony
- Valid Brazilian passport
- A second Brazilian ID: driver's license (CNH), ID card (RG), work card (carteira de trabalho) or professional council ID (OAB, CRM, CREA)
- CPF number
- Certificate of your current marital status, issued by a registry office in Brazil
- American marriage certificate
- Complete certified copy of the Divorce Decree, with proof that it is final
- Proof of current address in the United States (a driver's license is fine)
- Proof of address in Brazil (it can be in someone else's name)
If you got married at the Brazilian consulate
- Valid Brazilian passport
- A second Brazilian ID: driver's license (CNH), ID card (RG), work card (carteira de trabalho) or professional council ID (OAB, CRM, CREA)
- CPF number
- Certificate of your current marital status, issued by a registry office in Brazil
- Consular marriage certificate
- Complete certified copy of the Divorce Decree, with proof that it is final
- Proof of current address in the United States (a driver's license is fine)
Handled from the U.S., in four steps.
Send us your Divorce Decree on WhatsApp
Our team reads the decree and identifies the route: straight to the registry office or through the STJ. We also check where the marriage took place: in Brazil, at the Brazilian consulate or in a U.S. civil ceremony.
Cartório BR prepares the paperwork
If you do not have a certified copy, we request a new one from the American court. Then we arrange the apostille from the Secretary of State and the sworn translation. If the marriage is not yet registered in Brazil, we prepare the private power of attorney, signed with an ICP-Brasil digital certificate, for the transcription.
Our team in Brazil follows up on the application
For a direct annotation, the request is processed at the registry office where the marriage is or will be registered. For recognition, Cartório BR organizes the documents and refers the case to a partner attorney, who files it with the STJ.
You receive the updated certificate
You receive your Brazilian marriage certificate with the divorce annotation in digital form and, on request, on paper. Your marital status in Brazil becomes "divorced."
Why choose Cartório BR
Your Divorce Decree is reviewed before any promise is made
A single line about property or children moves the case from the registry office to the STJ. Cartório BR reviews the decree first and only then tells you what will be done. No surprises halfway through.
Experience in both Brazil and the United States
Francisco Harto has lived in the United States since 2016 and, since 2017, has volunteered at Brazilian mobile consulate events. Cartório BR has served Brazilians in the United States for more than five years, mainly in Seattle, Portland and San Francisco.
Everything in one place
A new certified copy from the court, the apostille from the Secretary of State, the sworn translation, the power of attorney with a digital certificate and the processing at the registry office. You do not have to hire four providers and hope the documents line up.
A team in the U.S. and in Brazil
We handle the American side here. In Brazil, the people following your request know the registry office and what it requires.
Mistakes that delay the recognition of a divorce in Brazil
Assuming the Divorce Decree, because it is a court judgment, updates your marital status in Brazil on its own.
Taking a plain copy of the decree to the registry office, without the court's certification and without an apostille.
Using an ordinary translation, done by a friend or an app, instead of a sworn translation.
Attempting a direct annotation with a decree that covers property, support or child custody, and having the registry office turn it down.
Requesting the annotation before a marriage performed in a U.S. civil ceremony or at the consulate has been registered in Brazil.
Waiting until right before a new marriage or a property sale.
The timeline depends on the route your case takes.
Each route has its own timeline, and the team gives you an estimate after reading your Divorce Decree. A direct annotation at the registry office is the fastest route: the total time covers the apostille, the sworn translation and the processing. If the marriage still needs to be transcribed, that step comes first. Recognition by the STJ is the longest route, because it depends on a court proceeding. The sooner you start, the lower the risk of needing the updated certificate before it is ready.
Frequently asked questions
It depends on the type. A simple uncontested divorce has effect in Brazil without recognition, but it only appears on your certificate once it is annotated at the registry office. In all other cases, the decree must first be recognized by the STJ. Until the annotation is made, your marital status in Brazil remains "married."
It depends on the route. For a direct annotation at the registry office, no: the National Code of Rules does not require an attorney when the divorce is uncontested and simple. For recognition by the STJ, yes: the case is filed by an attorney. Cartório BR prepares the paperwork in both cases and, in the second, refers the case to a partner attorney.
If the decree only ends the marriage, without ruling on child custody, support or division of property, the divorce is simple and goes straight to the registry office. If the decree covers any of those points, or if the divorce was contested, the route is the STJ. The team reads your Divorce Decree and tells you which case applies.
No. Cartório BR handles everything without you leaving the United States. When someone needs to represent you at the registry office, we use a private power of attorney signed with an ICP-Brasil digital certificate.
Yes. To annotate the divorce, the marriage must be on the Brazilian record. In a single application, Cartório BR handles both the transcription of the marriage, whether it was performed by American authorities or at a Brazilian consulate, and the annotation of the divorce.
Cartório BR requests a new certified copy from the American court that granted the divorce. The apostille and the translation are done on that copy.
For a direct annotation, no: only the documents of the person filing the application are needed. In recognition cases, the partner attorney will tell you whether any step depends on the other party.
With a direct annotation, yes, as long as one of these conditions is met: the American decree expressly provides for the return to your maiden name; the law of the U.S. state allows it; or an American civil records document proves the name change. That is what Article 466 of the National Code of Rules provides. The team checks this when reviewing your Divorce Decree.
No. Cartório BR is a private document services company. Official acts are performed by the registry offices, the consulates and the Superior Court of Justice.
Don't find out at a registry office counter that Brazil still lists you as married.
If you got divorced in the United States and have not yet requested the annotation, your record in Brazil still shows you as married. Cartório BR reads your decree and arranges the apostille, the translation and the power of attorney. Then we follow up on the annotation at the registry office or refer the case to a partner attorney for recognition by the STJ. You receive the certificate with your marital status up to date.
Remote service for Brazilians in the United States, with a team in both countries.