U.S. Citizen married a Brazilian in Brazil. Now living in US with spouse. Married with Partial Property Ruling (Comunhão Parcial) contract. Divorce desired. Does US law apply in the divorce? Can we divorce in the US?
If you are both residing in the United States, then US law should apply, specifically the law of the state in which you are residing, and you can and normally should get divorced here. I am not sure if you could do the divorce in Brazil if neither of you are residing there at this time (I know that at least a few years ago, Romania would allow its citizens living abroad to go through a divorce action in Romania, but not sure that all countries approach it that way).
Since you stated that both you and your spouse live in the US now, the State where you both live would be the proper Jurisdiction. it does not matter where you were married. If you two live in different States, the divorce can be filed in either State, but if there are children or a house in one of those States, it would be most appropriate. Call an experienced Family Law Attorney - most of us give free initial consultations.
Yes, U.S. law applies and you can get divorced in Illinois if that is where you reside. Where you got married does not matter.
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