Facing Separation and Divorce: Beyond the Crisis, a New Life Horizon

The end of a marriage is not a mere legal formality. It is an emotional earthquake, an existential passage that shakes the foundations of a person's life. Certainties waver, the future appears uncertain, and concern for the well-being of children becomes a constant and all-consuming thought. In such a delicate scenario, the choice of the lawyer for marriage (or divorce lawyer or family lawyer) to whom to entrust yourself is decisive. A legal technician is not enough; you need a professional who can be both a strategist and a confidant, an ally who combines deep knowledge of the law with rare human sensitivity.

The Law Firm of Avvocato Marco Bianucci was born from this awareness: every story is unique and deserves legal assistance "tailor-made," that puts the person, their dignity, and their future at the center.

Avvocato Marco Bianucci's Approach: The Law in Service of the Person

"Words are important," wrote an author. In family law, this truth is absolute. The words we use, the strategies we adopt, the goals we set can build bridges or erect walls. Our approach, which distinguishes our work as marriage lawyers, is based on the firm conviction that destructive conflict is never a solution, but only an aggravation of suffering.

• The centrality of children, a moral imperative: Our first question is never "what does the client want?", but "what is the supreme good of the minors involved?". A child must not become a tool of contention or a messenger of hostility. Their right to a serene upbringing and to maintain a continuous and constructive relationship with both parents (the so-called principle of shared parenting) is the beacon that guides our every choice, whether we act as marriage lawyers in a separation or as divorce lawyers in the subsequent phase. We work to transform two spouses in crisis into two responsible parents, capable of dialogue for the good of their children.
• Agreement as the first strategic choice: The judicial route, long and grueling, is a defeat for everyone. It transforms people into procedural "parties," rigidifies positions, and leaves wounds that time struggles to heal. For this reason, we invest all our energy in the path of dialogue. Finding an agreement does not mean "giving in," but actively choosing to govern one's future rather than submitting to a third party's decision. A consensual solution is almost always the wisest, because it is the one that people feel is "theirs" and that, therefore, they will more willingly respect over time.
• Judicial defense as an act of extreme protection: There are, however, inviolable boundaries. When dialogue is impossible because one of the parties suffers violence, physical or psychological, or when children are exposed to situations of serious prejudice (mistreatment, abuse, parental alienation), the judicial route becomes a duty. It becomes a duty even when one of the Parties becomes "unreasonable," rigidifies negotiations, and forces one of the Parties to seek just protection from the Judicial Authority. In these cases, our legal action is firm, uncompromising, and aimed at obtaining the maximum possible protection from the legal system. The competence of a marriage or divorce lawyer is also measured by their ability to face these battles with rigor, determination, and the right procedural strategy.
• A therapeutic alliance for complete support: We understand that the pain of separation does not end in the courtroom. For this reason, Avv. Bianucci and his Staff rely on a consolidated network of external and internal professionals – psychologists, family therapists, and clinical pedagogists – who collaborate actively with us. This integrated approach, typical of a family lawyer attentive to the overall well-being of the person, is fundamental in helping our Clients process the trauma of separation, manage anxiety, and develop more effective tools for communicating with the ex-partner, especially regarding children's upbringing. Targeted psychological and pedagogical support is often the key to unlocking impasses and reaching otherwise unthinkable agreements.
• Division of large estates: technique and vision: When the end of a marriage intertwines complex emotional issues with the division of significant assets (company shares, trusts, real estate, investments), specialized expertise is required. Avv. Bianucci has handled numerous procedures of this type, combining fiscal and corporate analysis with the necessary sensitivity to find fair solutions. This is also thanks to cooperation with accountants and notaries. Our goal, as marriage and divorce lawyers handling complex cases, is to separate emotional dynamics from asset dynamics, to arrive at a fair division that guarantees both spouses the economic serenity needed to rebuild their lives.

Paths Compared: Consensual vs. Judicial Proceedings

Understanding the path you will undertake is a right. Here, in detail, are the substantial differences (clearly, this is a summary of an extremely complex procedure).

The Consensual Proceeding: You at the Center of the Decision

It is the path of shared responsibility.

Who is involved? The spouses, assisted by their respective lawyers (or by a single marriage lawyer), who collaborate for a common goal.

What happens? All aspects are negotiated and defined: child custody and placement, regulation of visitation rights, support for children and spouse, allocation of the home. The agreement is put in writing in a joint petition.

The phases:

• Drafting the agreement: This is the heart of the process. The lawyer translates the parties' will into a legally impeccable document that protects all interests.
• Filing with the court: The petition is filed, and a single hearing is scheduled.
• Hearing: The spouses appear before the President of the Court, confirm their desire to separate under the agreed conditions, and the absence of reconciliation possibilities. Nowadays, this hearing is replaced by "written treatment notes," so the Parties no longer have to appear in Court. The Court, verifying that the agreements do not harm the children's rights, issues the separation decree, making the agreement fully effective.

Timing: Generally about 1 month from the filing of the petition.

The Judicial Proceeding: The Court Decides for You

It is the necessary path when conflict is irreconcilable.

Who is involved? The spouses as "opposing parties" (petitioner and respondent), their lawyers, the Judge, and sometimes experts (Official Technical Consultants), in more serious cases, a Special Guardian for the minor and Social Services. Here, the experience of a divorce lawyer accustomed to litigation is essential.

What happens? One of the two spouses "summons" the other to court, asking the Court to decide on all aspects of the separation. A full-fledged lawsuit begins.

The phases:

• Introductory act (petition): The party initiating the lawsuit sets out the facts and their requests.
• Presidential hearing: Similar to the consensual one, but here the President, after hearing the parties and their lawyers, attempts conciliation. If it fails, he issues temporary and urgent measures to regulate the lives of the spouses and children until the final judgment.
• Evidentiary phase: This is the heart of the lawsuit. The Investigating Judge collects evidence. The parties file defense briefs (written arguments supporting their claims), witnesses may be heard, documents produced, and psychological assessments (CTU) may be ordered to evaluate parental capacity.
• Decision phase: Once all evidence has been collected, the case is passed to the Court's panel, which issues the final judgment.

Timing: Highly variable, from a minimum of 6-8 months (from the filing of the petition) to 1-2 years, depending on complexity. Sometimes, in more difficult cases, the duration may be even longer.

The Pillars of Family Law: What You Need to Know

As a family lawyer with many years of experience, Avv. Bianucci believes it is essential that his clients fully understand the terms and key concepts that will govern their future.

Child Custody: Shared as the Rule, Exclusive as the Exception

Shared Custody: This is the legally prioritized method. It does not mean the child will spend half the time with one parent and half with the other. It means that both parents retain parental responsibility and must share major decisions (choice of school, medical treatments, religious education). The child is then placed primarily with one of the parents (the "custodial parent"), while a visitation schedule is defined for the other.

Exclusive Custody: This is an exceptional measure, which the judge can order only if shared custody is "contrary to the child's best interest." Recent case law grants it in cases of proven inadequacy of a parent: violence, total disinterest, inability to care for the child. Even in this case, the non-custodial parent retains the right and duty to supervise the child's upbringing.

Super Exclusive Custody: Super exclusive custody (or reinforced custody) is an exceptional measure, ordered by the judge in cases of serious inadequacy of the non-custodial parent, where the sole custodial parent has exclusive decision-making power on all matters concerning the child's health, education, and upbringing, without needing to consult the other parent. This form of custody differs from exclusive custody because it completely excludes the other parent from decisions and may also limit visitation rights in cases of extreme gravity.

Child Support: A Proportional Duty

Children have the right to maintain a standard of living similar to that they had during the parents' cohabitation.

The support payment is not a "fixed fee," but is calculated by the judge (or agreed upon by the parties) based on careful consideration of various elements:

• The child's concrete needs (from school expenses to sports, health, and recreational costs).
• The standard of living enjoyed during cohabitation.
• Housing expenses;
• The financial resources of both parents (income, assets, rents).
• The economic value of domestic and caregiving tasks undertaken by each parent.
• The times of stay of the child with each parent.

In addition, there are extraordinary expenses (e.g., school trips, braces, special courses), which are usually split 50% or in proportion to income.

Spousal Support and Divorce Alimony: Two Different Instruments

One of the most important distinctions that an experienced divorce lawyer must clarify concerns the difference between spousal support during separation and divorce alimony.

Spousal Support (during separation): Separation does not dissolve the marital bond but mitigates its effects. A duty of material assistance persists. This support is due to the economically weaker spouse who does not have adequate income to maintain the marital standard of living. It is not due if the separation was "attributed" to them due to their fault.

Divorce Alimony: With divorce, all ties cease. The alimony is no longer intended to guarantee the standard of living. As definitively clarified by the Court of Cassation, United Sections, its function is composite: assistential (if the ex-spouse has no means of subsistence), compensatory (to repay professional sacrifices made for the family), and equitable (to rebalance the economic conditions created by the divorce). In essence, the duration of the marriage, the contribution to family life and the other's assets, and the reasons for the end of the relationship are assessed.

Allocation of the Family Home: Children's Right to Domestic Habitat

The home is not assigned as "property" but as a right of use.

There is only one guiding criterion: the best interest of the children not to suffer further trauma, remaining in the domestic environment in which they grew up.

Therefore, the home is generally assigned to the custodial parent of minor children or adult children who are not yet self-sufficient.

This right ceases when the children become economically independent or permanently leave the home, or if the assignee no longer resides there.

Assisted Negotiation: Separating in One Month, Without Court

For couples who have reached a full agreement and desire a quick and private solution, the law offers a formidable tool: Assisted Negotiation.

How does it work? It is an agreement whereby the parties undertake to cooperate in good faith to resolve the dispute, each assisted by their own lawyer. The entire process takes place in law offices.

What are the advantages?

• Speed: The agreement can be concluded and made enforceable within a few weeks.
• Confidentiality: No public hearings, everything takes place privately.
• Accountability: You are the protagonists of your decisions, not a judge.
• Low costs: Avoids the long costs of a lawsuit.

Once signed, the agreement is sent to the Public Prosecutor for Authorization (if there are children) or for a No Objection Certificate for couples without children.

It thus becomes an enforceable title with the same force as a court judgment.

It is the solution that a modern marriage and divorce lawyer must master to offer the most efficient service.