Understanding the Divorce Process

Facing a divorce represents a moment of profound personal and family transformation. It is a path that requires not only emotional clarity but also a clear understanding of the legal aspects that govern each phase. Whether it is a shared decision or a more conflict-ridden path, Italian law provides specific procedures to ensure that the end of the marital bond occurs while protecting the rights of both parties and, above all, the well-being of the children. As a divorce lawyer with consolidated experience, avv. Marco Bianucci assists clients from Milan and its hinterland, including the area of Sesto San Giovanni, providing the necessary legal guidance to navigate this complex process.

Types of Divorce Provided by Law

The Italian legal system primarily distinguishes two paths to obtain the dissolution of marriage: consensual divorce and judicial divorce. The choice between the two procedures depends solely on the ability of the spouses to reach a common understanding on all resulting aspects, such as child custody, assignment of the marital home, and determination of the divorce settlement.

Consensual Divorce

This procedure is the fastest and least burdensome route. It is based on a complete agreement reached by the spouses regarding all divorce conditions. This agreement is formalized in a joint petition, submitted to the court with the assistance of a lawyer. The judge, after verifying that the agreed conditions are not contrary to the law and adequately protect the interest of the children, approves the agreement, making it effective. Consensual divorce minimizes conflict and allows the proceedings to be concluded in a relatively short time.

Judicial Divorce

When spouses cannot reach an agreement, a judicial divorce must be initiated. In this case, one of the spouses, through their lawyer, files a unilateral petition with the court, initiating a full-fledged civil lawsuit. During the proceedings, the judge will decide on all disputed issues, based on the evidence produced and the requests made by the parties. This path is inevitably longer, more complex, and more expensive, but it becomes necessary to resolve irreconcilable disputes and ensure a fair decision by a third-party authority.

The Approach of the Bianucci Law Firm

The approach of avv. Marco Bianucci, an expert lawyer in family law operating throughout Milan, including the Sesto San Giovanni area, is based on a strategic and personalized analysis of each individual case. The primary objective is always to explore the possibility of a consensual agreement, as it represents the most advantageous solution for the client in terms of time, costs, and emotional impact. When the path of dialogue is not feasible, the firm deploys all its expertise in litigation to vigorously defend the interests of its client during the judicial divorce, taking care of every detail of the procedural strategy.

Frequently Asked Questions

How long does a divorce take in Sesto San Giovanni?

The timelines vary significantly depending on the procedure. A consensual divorce can be concluded within a few months of filing the petition. A judicial divorce, on the other hand, has a much longer duration, which can extend for several years, depending on the complexity of the case and the workload of the competent court.

What happens if we don't reach an agreement on the divorce settlement?

In case of disagreement, the matter is decided by the judge within the framework of a judicial divorce. The judge will consider various factors, including the duration of the marriage, the economic conditions of the spouses, each spouse's contribution to family life and common assets, and the reasons for the decision, to establish the potential right to a settlement and its amount.

Is it mandatory to have a lawyer to get divorced?

Yes, in Italy, the assistance of a lawyer is always mandatory for both consensual and judicial divorce procedures. The lawyer ensures that the procedure is carried out in compliance with the law and that the client's rights are fully protected.

How does child custody work in divorce?

The guiding principle is joint custody, according to which both parents retain parental responsibility and participate equally in major decisions for their children's lives. The judge also establishes the primary residence of the minor with one parent and the visitation and stay arrangements with the other, always keeping the child's best interest as the absolute priority.

Contact the Firm for an Evaluation of Your Case

If you are facing the difficult decision of a divorce in Sesto San Giovanni or the surrounding areas, it is crucial to receive clear and competent legal assistance. The Bianucci Law Firm, based in Milan, offers consultation and assistance to guide you through every phase of the procedure. Contact avv. Marco Bianucci to analyze your situation and define the most appropriate strategy to protect your rights and your future.