The End of a Marriage: A Complex Journey

Facing a divorce represents one of the most delicate and complex moments in a person's life, a period when emotional uncertainties combine with legal and financial matters of significant importance. Understanding the procedure, one's rights and duties is the first step to managing this transition with greater awareness and serenity. In this context, the support of an experienced divorce lawyer in Milan becomes fundamental to navigate the regulations governing the matter, protect one's interests, and, above all, those of any minor children involved. The goal is to transform a moment of crisis into a new beginning, based on fair and sustainable agreements over time.

Consensual and Judicial Divorce: The Differences

Our legal system primarily provides two paths to dissolve a marriage: consensual divorce and judicial divorce. The choice between the two procedures depends exclusively on the spouses' ability to reach an agreement on all resulting aspects. Consensual divorce is the faster and more economical route, possible when husband and wife reach a complete agreement on financial conditions, such as spousal support, and on child custody and maintenance. This agreement is then submitted to the Court for approval, which verifies its compliance with the law and the protection of the minors' best interests.

Conversely, judicial divorce is resorted to when an agreement cannot be reached. In this scenario, one of the spouses initiates a full-fledged legal case, during which the judge will decide on every aspect of the dispute: from the attribution of fault for the separation, if requested, to the calculation of spousal support, to child custody arrangements and the allocation of the marital home. This is inevitably a longer, more expensive, and more conflict-ridden path, requiring strategic legal assistance to effectively defend one's position.

The Approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a thorough and personalized analysis of each individual case. The priority is always to explore, where possible, the path of dialogue and negotiation to reach a consensual solution, which represents the best choice to reduce the time, costs, and emotional impact of the proceedings, especially when children are involved. Lawyer Bianucci guides the client in defining clear and forward-looking agreements that can prevent future conflicts. Should the judicial route be unavoidable, Studio Legale Bianucci ensures rigorous and determined defense, building a procedural strategy aimed at achieving the best possible outcome in court, based on solid evidence and impeccable legal arguments.

Frequently Asked Questions

How long does it take to get a divorce in Italy?

The times vary considerably. For a consensual divorce, the procedure can be concluded in a few months. For a judicial divorce, however, the times lengthen significantly, potentially lasting several years depending on the complexity of the case, the workload of the competent Court, and the level of conflict between the parties.

How is spousal support calculated?

The calculation of spousal support does not follow a fixed mathematical formula but is based on a comparative assessment of the spouses' economic and financial conditions. The judge considers various factors, including the duration of the marriage, the reasons for the decision, the personal and economic contribution of each to the family's upkeep and the formation of both parties' assets, and each party's income, in order to ensure the economically weaker spouse maintains a standard of living similar to that enjoyed during the marriage.

What happens to the marital home after divorce?

The allocation of the marital home is decided by the judge primarily in the best interests of the children. Generally, the right to live in the family home is granted to the parent with whom the minor or non-economically independent adult children are placed. In the absence of children, or if they are already independent, the home remains available to the owning spouse or is managed according to agreements between the parties.

Is a lawyer mandatory for divorce?

Yes, in Italy, legal assistance is always mandatory for both divorce procedures, whether consensual or judicial. Even in assisted negotiation procedures, which take place outside of court, each party must be assisted by their trusted lawyer to ensure the correctness of the procedure and the protection of the rights of both spouses.

Contact the Firm for an Assessment of Your Case

Every divorce is a unique story, with distinct dynamics and needs. Fully understanding your legal position is the first step to making informed and strategic decisions. If you are facing this delicate phase of your life, lawyer Marco Bianucci is available to provide you with clear and professional advice. Contact Studio Legale Bianucci for a preliminary assessment of your case and to define the most suitable legal path to protect your future and that of your loved ones.