Hi guys good afternoon!
I'm a March filler and we got and RFE on June 7th but they requested a Divorce decree signed by a judge or magistrate.
Here is the biggest problem.. in Brazil there is no divorce decree certificate for consensual divorces made after 2007. The official divorce document for consensual divorce (when both wants the divorce) is the Marriage Certificate endorsed, which means that at the end of Marriage Certificate there is an observation where is validated divorce and which also says that my name has returned to the maiden name. I sent a copy of this certificate together with a certified translation of the document formalizing my divorce inside the package
.
This document is issued in the Registry along with a lawyer. According to the Civil Procedure Code - Law No. 5869 of January 11, 1973.
Establishing the Code of Civil Procedure:
Article. 1,124. Approved the consensual divorce, to endorse the judgment in the civil registry is not necessary court order signed by a judge.
Article. 1124-A. The consensual separation and consensual divorce, with no minor or disabled children of the couple and compliance with the legal requirements regarding deadlines, may be made by public deed, which shall include the provisions on the description and the sharing of common goods and alimony (if any), and also to agree to a spouse back to using her maiden name or maintenance of the adopted name when it gave the wedding. (Included by Law No. 11,441, 2007).
§ 1 Scripture does not depend on judicial approval (no need for a decision by a judge) and is clever title for the civil registry and land registry. (Included by Law No. 11,441, 2007).
So, there is no Divorce decree signed by a judge in my case. What should I do ?
