Understanding the Divorce Path

Facing the end of a marriage is a complex journey, fraught with emotional and legal implications that require clarity and expert guidance. Understanding the procedures, your rights, and potential consequences is the first step towards managing this transition with greater serenity and awareness. As a divorce lawyer in Milan, Avv. Marco Bianucci assists his clients by providing clear and strategic legal support, essential for navigating the complexities of family law and achieving the most suitable solution for the future.

Divorce Procedures in Italy

Italian law primarily provides for two paths to obtain a dissolution of marriage: consensual divorce and judicial divorce. The choice between the two procedures depends on the spouses' ability to reach an agreement on all conditions related to the end of their relationship, including financial aspects and child custody.

Consensual Divorce

This procedure is the fastest and most economical. It is based on a joint agreement reached by the spouses on all divorce conditions: from spousal support to child custody, to the assignment of the marital home. The agreement is then submitted to the court for approval, or it can be formalized through a mediated negotiation procedure with lawyers, without the need to appear before a judge. This route is preferable because it significantly reduces emotional stress and procedural time.

Judicial Divorce

When spouses cannot reach an agreement, one of them can file a unilateral petition to initiate divorce proceedings. In this case, the judge will decide on all disputed issues after analyzing the evidence and hearing the parties. Judicial divorce is a longer, more expensive, and more conflict-ridden path, requiring careful and rigorous legal assistance to best protect one's interests throughout the legal process.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a thorough and personalized analysis of each individual case. The Bianucci Law Firm does not offer standardized solutions but develops tailor-made strategies that consider family dynamics, assets, and, above all, the well-being of the children. The goal is always to promote, where possible, a consensual resolution, which reduces the time, costs, and emotional impact of the proceedings. If an agreement cannot be reached, the firm guarantees a firm and rigorous defense in court to fully protect the client's rights.

Frequently Asked Questions

What are the timelines for obtaining a divorce in Italy?

The timelines vary significantly. For a consensual divorce, through mediated negotiation or joint petition, a few months may suffice. For a judicial divorce, however, the timelines are considerably longer and can exceed a year, depending on the complexity of the case and the workload of the competent court.

How is spousal support calculated?

Spousal support does not serve to maintain the standard of living enjoyed during the marriage. Its function is primarily supportive and compensatory. The judge considers various factors, including the duration of the marriage, the financial conditions of the spouses, the age and health status of the applicant, and the contribution made to household management and the accumulation of joint assets.

What happens to the marital home after divorce?

The assignment of the marital home is decided by the judge primarily in the interest of the children. Generally, the right to live in the home is granted to the parent with whom the children will primarily reside, regardless of ownership. In the absence of minor or dependent children, the home follows general property rules.

Is it mandatory to have a lawyer for divorce?

Yes, the assistance of a lawyer is always mandatory in Italy for both consensual and judicial divorce procedures. Even in the case of mediated negotiation, each spouse must be assisted by their own legal counsel to ensure the correctness of the procedure and the protection of each party's rights.

Request a Legal Consultation in Milan

The end of a marriage requires important decisions that will affect your future and that of your family. Facing this journey with the support of a competent professional can make a difference. To discuss your situation and understand the legal options available to you, you can contact the Bianucci Law Firm in Milan. Avv. Marco Bianucci will provide a clear and strategic assessment of your case, helping you identify the most appropriate path for the protection of your rights.