Divorce in Italy: Types and Procedures

Italian legislation primarily provides for two paths for the 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 aspects of the separation, including financial matters and child custody. Understanding the differences is the first step to undertaking the most suitable path for one's family and personal reality.

Consensual Divorce

Consensual divorce is the fastest and most cost-effective route. It presumes that the spouses have reached a complete understanding on all conditions, such as any spousal support, the assignment of the marital home, and arrangements for child custody and maintenance. The agreement is formalized in a joint petition filed with the Court, which simply verifies that the agreement complies with the best interests of the children and current legislation before approving it. This procedure significantly reduces time and conflict.

Judicial Divorce

When an agreement cannot be reached, judicial divorce must be pursued. In this case, only one of the spouses files the petition, initiating a full-fledged legal case. During the proceedings, the judge will decide on all disputed issues based on the evidence presented and the arguments of the parties. This path is inevitably longer, more complex, and more expensive, requiring strategic legal assistance to effectively defend one's claims and protect one's financial and personal interests.

The Bianucci Law Firm's Approach to Divorce Management

The approach of lawyer Marco Bianucci, a divorce lawyer in Milan, is based on an in-depth, personalized analysis of each individual case. The priority is always to explore the possibility of a consensual solution, which represents the best choice for the peace of mind of all parties involved, especially when minor children are present. This does not mean accepting disadvantageous compromises, but rather working to build a fair and sustainable agreement over time that can prevent future disputes.

Should the judicial route be unavoidable, the Bianucci Law Firm ensures rigorous and strategic defense. Every stage of the process is managed with the utmost attention, from evidence gathering to defining the defense strategy, while maintaining transparent communication with the client. The goal is to ensure the full protection of the client's rights, with a particular focus on the correct determination of spousal support and the definition of the best terms for child custody and maintenance.

Revision of Divorce Conditions

The conditions established at the time of divorce are not immutable. The law provides for the possibility of requesting their modification if justified supervening reasons arise that significantly alter the original balance. For example, a significant change in the financial situation of one of the ex-spouses, new needs of the children related to their growth or their achievement of economic independence may justify a request to revise spousal support or custody arrangements. The firm offers advice to assess the existence of grounds for revision and to assist the client in the related proceedings.

Frequently Asked Questions

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

The timelines vary considerably. For a consensual divorce, through assisted negotiation or a joint petition in court, the times can be relatively short, often between 2 and 6 months. A judicial divorce, on the other hand, is a full legal case, and its duration can extend for several years, depending on the complexity of the case and the workload of the competent court.

How is spousal support calculated?

The calculation of spousal support is complex and does not follow fixed mathematical formulas. The judge evaluates various factors, including the duration of the marriage, the financial circumstances of the spouses, the personal and economic contribution of each to family life and the accumulation of joint assets, and the reasons for the divorce. The goal is to ensure the economically weaker spouse an adequate standard of living, taking into account their earning capacity.

What happens if my ex-spouse does not comply with the divorce conditions?

If an ex-spouse fails to meet the obligations established by the divorce decree, such as paying support, legal action can be taken. Enforcement actions, such as garnishment of wages or assets, can be initiated, and in more serious cases of failure to pay support, criminal charges for violation of family assistance obligations can also be filed.

Is it possible to modify child support after divorce?

Yes, it is possible. If the financial circumstances of one of the ex-spouses change significantly and involuntarily (e.g., job loss or a substantial increase in income), it is possible to file a petition with the court to request a revision of the amount of spousal support, either to obtain an increase, a decrease, or its complete elimination.

Contact Lawyer Marco Bianucci for an Evaluation of Your Case

Every divorce path is unique and requires a tailored legal strategy. If you are facing a separation or wish to request a revision of divorce conditions, it is essential to receive clear and competent advice. Lawyer Marco Bianucci is available to analyze your specific situation, explain the available legal options, and define the most effective path for the protection of your rights. Contact the Bianucci Law Firm in Milan to schedule an initial consultation and receive qualified legal advice.