Divorce Documentation

Facing the end of a marriage is an emotionally and bureaucratically complex journey. Gathering the correct and complete necessary documents is the first fundamental step to initiate the divorce procedure, whether it is consensual or judicial, at the Court of Milan. Precise documentation not only prevents procedural delays but also lays the groundwork for transparent and strategic case management. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients from this preliminary phase, ensuring that every element is prepared with the utmost care and attention to protect their rights.

Essential Documents for the Divorce Case

The divorce procedure requires a series of documents attesting to the civil status, financial situation, and income of the spouses and, if present, the conditions relating to the children. Although each case has specificities, there is a core of common documentation essential for initiating the proceedings. It is essential to distinguish between registration documents, economic documents, and those related to offspring, as each serves a precise function in defining the framework of the marital separation.

Registration and Civil Status Documents

This category of documents serves to legally identify the spouses and certify their marital and family history. They are the registration basis upon which the entire case is built. Generally, the following are required: the summary extract of the marriage certificate, to be requested from the Municipality where the marriage was celebrated; certificates of residence and family status of both spouses, even if no longer cohabiting; and a copy of the identity documents and tax codes of both.

Income and Asset Documents

The assessment of the economic situation is crucial for determining issues such as maintenance payments for the spouse or children. For this reason, the Court of Milan requires complete documentation including the income tax returns for the last three years of both spouses. In addition to these, documents attesting to movable assets (bank statements, securities deposits) and real estate assets (cadastral searches, property deeds) are required, in order to have a clear and truthful picture of the parties' economic capabilities.

The Bianucci Law Firm's Approach

The mere collection of documents is not enough; it is their correct interpretation and strategic presentation that makes the difference. The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on the in-depth analysis of each individual document to build a solid defense strategy oriented towards achieving the client's objectives. The Bianucci Law Firm, located at Via Alberto da Giussano 26, does not merely provide a list but guides the client in obtaining each certificate and offers targeted advice to enhance every element supporting their claims, whether in a consensual negotiation or a judicial dispute.

Frequently Asked Questions

What specific documents are needed if we have minor children?

In the presence of minor children, in addition to registration and income documents, it is essential to submit all documentation useful for demonstrating their needs, such as school, medical, sports, and recreational expenses. This allows the judge to fairly and adequately calibrate the maintenance payments and define the custody and placement arrangements most suitable for ensuring their well-being.

What happens if I cannot retrieve my ex-spouse's income documents?

This is a common situation, especially in judicial divorces. If one party refuses to produce economic documentation, it is possible to ask the judge to issue an order for disclosure. Furthermore, through a reasoned request, the lawyer can ask to initiate financial investigations through the tax police to ascertain the true financial situation of the uncooperative spouse.

Are the documents the same for consensual and judicial divorce?

The documentary basis is substantially the same, as in both cases the court must verify the personal and economic conditions of the spouses. However, in judicial divorce, the evidentiary documentation takes on even greater importance. It may be necessary to produce additional evidence (such as detailed bank statements, property appraisals, etc.) to support one's arguments regarding disputed issues, such as the fault for the separation or the amount of the maintenance payment.

Contact the Firm for an Assessment of Your Case

Preparing divorce documentation is a delicate operation that requires precision and legal expertise. An error or omission at this stage can compromise the outcome of the entire procedure. To receive a detailed analysis of the documents required for your specific case and to be assisted with professionalism and strategy, you can contact the Bianucci Law Firm in Milan to schedule an initial consultation with lawyer Marco Bianucci.