The Rio de Janeiro Court of Justice overturned a first-instance decision that had denied a woman’s preliminary divorce.
According to the woman’s report when filing the lawsuit, the couple had been separated for more than 5 years and intended to start a new family but was prevented from doing so by her ex-spouse’s refusal to divorce.
The plaintiff filed a request for provisional relief in order to have her divorce decreed on a preliminary basis, arguing that divorce is a potestative and unconditional right, requiring the will of one of the parties to be granted, and that the lawsuit did not depend on the production of new evidence and adversarial proceedings.
The arguments were accepted by the TJRJ, which praised Constitutional Amendment 66/2010, which introduced the possibility of direct divorce, indicating that if one of the spouses expresses an interest in not remaining married, there is no impediment to declaring a divorce.
