Understanding the Divorce Path

Facing the end of a marriage is a complex journey, fraught with emotional and legal implications. In this context, having an experienced family law attorney in Milan by your side is crucial for navigating the complexities of the process with clarity and confidence. Attorney Marco Bianucci's approach is geared towards providing strategic and personalized support to those residing in Cologno Monzese, Segrate, and surrounding areas, guiding individuals through the various procedural options with professionalism and sensitivity.

Divorce Procedures in Italy

Italian law provides for different ways to achieve the dissolution of marriage, aiming to adapt to the specific circumstances of each couple. The two main paths are consensual divorce, where spouses reach an agreement on all conditions, and judicial divorce, where a judge decides in the absence of an agreement. Within these paths, tools such as the short divorce and assisted negotiation have made procedures potentially faster and more efficient.

The Short Divorce

Introduced to reduce waiting times, the so-called "short divorce" allows one to request the dissolution of marriage after a period of uninterrupted separation of six months in case of consensual separation, or twelve months in case of judicial separation. This legislation has significantly shortened timelines compared to the past, allowing spouses to more quickly redefine their legal status and begin a new chapter in their lives.

Assisted Negotiation

Assisted negotiation represents one of the most important innovations in family law. It is an out-of-court procedure that allows spouses, each assisted by their own lawyer, to reach a divorce agreement without going through the courts. The agreement, once signed, is submitted to the Public Prosecutor for clearance or authorization (in the presence of minor or non-self-sufficient adult children) and acquires the same legal effect as a judicial ruling. It is an ideal solution for those who desire a private, rapid, and less conflictual management of marital crisis.

The Bianucci Law Firm's Approach

Attorney Marco Bianucci's approach, as a divorce lawyer with extensive experience in managing cases in Cologno Monzese and Segrate, is based on a thorough preliminary analysis of the case. The goal is to identify the most effective strategy, favoring, where possible, consensual solutions such as assisted negotiation to reduce the time and emotional impact of the conflict. The protection of children's well-being and the safeguarding of family assets are the pillars upon which every defense strategy is built, ensuring that every decision is made in the best interest of the children and with respect for each spouse's rights.

Frequently Asked Questions

How long does it take to get a short divorce in Cologno Monzese?

The times depend on the type of prior separation. If the separation was consensual, it is possible to start the divorce procedure after six uninterrupted months. If the separation was judicial, the waiting period is twelve months. To these periods, the technical times of the chosen divorce procedure are added, which are generally shorter with assisted negotiation.

What is assisted negotiation for divorce and how does it work?

Assisted negotiation is an agreement reached outside of court. Each spouse, with their own lawyer, discusses and defines the divorce conditions (child custody, alimony, division of assets). The agreement is then formalized and submitted to the Public Prosecutor's Office for legal review, acquiring full legal effect.

How is child custody decided?

The guiding principle of Italian law is joint custody for both parents, considered the best tool to ensure the child's right to both parents. The judge establishes the concrete arrangements for custody, including the child's primary residence and visitation schedule, always and only based on the child's best interest, evaluating each parent's ability and the child's lifestyle habits.

Is it always necessary to go to court to get a divorce?

No, it is not always necessary. Thanks to assisted negotiation, couples who reach an agreement on all conditions can divorce without ever appearing before a judge. Even in the case of a consensual court procedure, appearance is usually limited to a single hearing. Resorting to court for a full trial (judicial divorce) is only necessary when an agreement cannot be reached.

Contact the Firm for an Assessment of Your Case

If you are facing separation or divorce in Cologno Monzese, Segrate, or other areas of Milan, it is essential to fully understand your rights and the options available to you. Attorney Marco Bianucci offers targeted consultations to analyze your specific situation and define the most appropriate legal strategy. Contact the law firm to receive professional advice and plan the next steps with peace of mind and awareness.