In China, the first country to identify cases of the disease and implement isolation, requests for separation are impressive. According to the Chinese newspaper The Global Times, the city of Xiam registered a record number of divorce requests during weeks of social isolation in the country. Currently, with the containment of the pandemic there and the return to normality, the registry offices have reopened and there are no longer available times to resolve divorce issues in several of the country’s provinces.
Debora Ghelman, a lawyer specializing in Humanized Law in the areas of Family and Inheritance, predicts that all countries affected by the pandemic and which are now quarantined, will follow the pattern of Chinese society and have a considerable increase in divorce requests. In Brazil it will be no different.
“Social isolation forces people to live together 24 hours a day and as a result many of the conflicts that have always existed are more evident. With that many people end up realizing that they don’t want to be in that relationship anymore. Living together is difficult and, when there is no more dialogue between the couple, it means that the two have given up investing in the relationship ”, says the lawyer.
The decision to divorce, which already tends to be quite difficult, in this pandemic moment, has been even more complicated, as many couples have been forced to continue living in the same house. According to Debora, the current situation makes it impossible to obtain a court order that determines that one of the ex-companions leaves home:
“The request is possible, but granting it will be very difficult. That’s because we are in the middle of a pandemic where much of the country is quarantined. It is difficult for the State, which is more interested in the virus not spreading, to determine that a person leaves his residence and runs the risk of becoming infected, unless in very serious cases in which abuses occur.
The house itself is precisely the most dangerous place for women who suffer from the aggressiveness of their partners. During the quarantine, the problem of domestic violence worsened due to intense coexistence and apprehension due to the uncertainty generated by the disease. Only in Rio de Janeiro did the number of complaints of domestic violence: it increased by about 50%, but the reality of progress in cases happened worldwide.
According to the lawyer, in these cases, where living together entails a risk of death, it is possible to require the separation of bodies on the judicial duty, with great chances of deferral.
If the divorce does not involve any type of abuse – physical or psychological – the lawyer advises that, even if separated, the ex-couple keep the dialogue and continue trying to live peacefully until the worst part of the pandemic passes, so that bureaucratic matters can be resolved later. such as the division of assets and custody of children. If the situation is really unsustainable, the ideal is to join social isolation with a family member in another residence.
In this moment of forced coexistence, it is essential to understand that we are going through an unprecedented period and that it is necessary to try to go through this in the best possible way. There are many uncertainties and anxieties that take over the mind many times and, therefore, applying rules of coexistence helps to fulfill social isolation without the days becoming so heavy ”, concludes the expert.
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* Debora Ghelman is a lawyer specialized in Humanized Law in the areas of Family and Succession, acting in the mediation of family conflicts based on Game Theory.