Today the divorce rate in the world only increases, and to facilitate legal procedures, the CNJ (NATIONAL COUNCIL OF JUSTICE) created since May 2021, the VIRTUAL DIVORCE.
Due to the increase of search about divorces outside world, the CNJ will provide a online platform for the virtual divorce to be done by her within the law.
This new legal modality will help couples to divorce on the internet, due to the pandemic as a result of Covid-19.
O CNJ (National Council of Justice), created this platform virtual divorce call, is an improvement of the Extrajudicial Divorce, with the intention of this new divorce model to avoid agglomeration in the registry offices.
HOW IT WORKS THE VIRTUAL DIVORCE
The parties must be in common agreement, without pending between them, and both be in consensus on virtual divorce.
Being also already agreed in relation to assets and if they have children (minors/disabled) who are already agreed in relation to pension and joint custody.
Remembering that the necessary requirements are the same as for extrajudicial divorce.
DO I NEED A LAWYER?
Yes, the lawyer's role will be the same as an extrajudicial in-person divorce, the lawyer has a duty to ensure that the process is carried out in accordance with the law.
The Lawyer will monitor the process, instruct them so that there is no harm to both parties.
IS IT NECESSARY TO HEAR WITH A JUDGE IN THIS CASE?
No, as in the extrajudicial divorce procedure, the procedure is carried out only at the notary office, with the Notary.
In this videoconference, the notary will confirm the legitimacy of the parties, and check with them if they are in consensus regarding the terms of the virtual divorce.
DOCUMENTATION NEEDED?
The documentation to register on this platform is the same as you need at the official registry office, being initially the ID, CPF, PROOF OF ADDRESS of both parties, if they have children, it will be necessary to BIRTH CERTIFICATE their.
Within this same platform, it will be possible to check the cases and other necessary documents, as this may vary according to the existence of Goods and children (Major or Minor).
HOW DO I GET A DIVORCE CERTIFICATE?
In this same electronic platform available on the website, a document digitally signed by both parties and the notary will be made available. It is worth mentioning that the security of the process is encrypted.
HOW DO I APPLY FOR VIRTUAL DIVORCE?
After the parties are within the compliances required by law, the parties will need to request an “e-notary certificate” (e-notary) in an accredited notary's office.
After everything is ready, and in compliance with the law, it will be a virtual platform available, so that the parties can register, and be able to gather all the necessary documents in it.
HOW WILL THE CONFERENCE BE HELD?
After the documents are released, a video conference will be scheduled with the notary, to verify if it is in compliance with the law, and the parties really have to be in agreement, so that the draft of the Divorce certificate can be released.
The video conference transmission must be recorded and filed at the notarial act.
HOW LONG TO GET OUT OF VIRTUAL DIVORCE?
The time may vary from case to case, extrajudicial at the Notary's Office, when the couple is in agreement, they accept the virtual divorce terms and you don't have children, it can be in up to 2 days.
In the Judicial divorce process, when both parties accept the terms of the divorce, however, there are minor children involved, it depends on the opinion of the CNJ (National Council of Justice).
In cases of Litigation Process, when both parties do not agree with the divorce terms, it has to be done in the forum and have the opinion of the Public Ministry, there are cases that can take up to 10 years, depending on the amount of resources that each party proposes.