Fast-track divorce is not an immediate divorce, but rather a legal framework that reduces the waiting period required after a separation. If you are facing this step in Milan, it is natural to wonder when the six or twelve months begin, whether you can file a joint petition, and which procedure allows you to also resolve matters concerning children, the home, and financial relations.
In this guide, I will explain what the law actually shortens, what differences exist between the court and assisted negotiation, and why a lower income does not automatically establish the right to spousal maintenance. Above all, I want to help you distinguish the minimum term established by law from the time actually necessary to conclude the procedure.
What fast-track divorce really means
Divorce brings the marriage bond to an end. For a civil marriage, this is technically referred to as dissolution; for a marriage celebrated with religious rites and transcribed in civil status registries, it is referred to as the cessation of civil effects. In both cases, the status of spouse and the relative marital duties cease, while obligations toward the children remain.
Separation, on the other hand, does not dissolve the marriage. It regulates a phase in which the spouses are no longer required to cohabite, but cannot yet enter into a new marriage. An application for divorce based on separation can only be brought when the prerequisites established by Article 3 of Law No. 898 of December 1, 1970 are met.
The word fast-track concerns the minimum waiting period, and does not guarantee that the proceeding will conclude within six or twelve months. Once the term has matured, it is still necessary to reach a valid agreement or obtain a decision from the judge. Controversial issues regarding children, income, the home, or maintenance can affect the actual duration.
The six and twelve-month terms
The term is six months when the separation is consensual. The same period applies if a separation that was initially contentious is converted into a consensual one. The ordinary term is instead twelve months when the separation remains judicial, meaning when the judge must decide because the spouses have failed to reach an agreement.
This reduction was introduced by Law No. 55 of May 6, 2015. In a separation conducted before a judge, the calculation takes the appearance of the spouses in the relevant procedure as its reference point. Therefore, it is not counted from the informal decision to live separately, from the change of residence, or from the date on which one party communicates to the other their intention to end the relationship.
The starting date changes in out-of-court procedures. If the separation is concluded through assisted negotiation, the certified date in the agreement is relevant. If it takes place before the civil status registrar, the date of the act containing the agreement counts. Merely interrupted cohabitation, without a separation recognized in the forms provided by law, does not trigger the term for divorce.
An effective reconciliation can also assume relevance, because the prerequisite is that the separation has continued without interruptions. However, an occasional meeting or an attempt at dialogue is not enough: behaviors that show a real resumption of shared marital life are what count.
Joint petition and cumulative application in Milan
A joint petition presupposes a complete agreement. The spouses must share the will to divorce and the conditions concerning children, the family home, financial contributions, and any spousal maintenance. The court verifies the prerequisites for divorce and, if there are children, checks that the conditions respect their best interests.
Territorial jurisdiction does not depend on the location of the lawyer. For a joint application, the petition may be filed at the court of the place of residence or domicile of either party. The Court of Milan is therefore competent when this territorial connection exists, not simply because the spouses prefer to carry out the procedure there.
Separation and divorce may be requested together in the same petition, including a joint one, pursuant to Articles 473-bis.49 and 473-bis.51 of the Code of Civil Procedure, introduced by the reform outlined in Legislative Decree No. 149 of October 10, 2022. This possibility avoids preparing a second proceeding from scratch, but it does not eliminate the legal waiting period.
In fact, the divorce application becomes procedurally admissible only after the six or twelve-month term has matured and after the decision pronouncing the separation has become final. The accumulation coordinates the two phases, but does not allow separation and divorce to be obtained at the same time.
Assisted negotiation for an agreement outside the court
Assisted negotiation avoids judicial proceedings when both spouses agree on all conditions. Each party must be assisted by at least one lawyer: it does not have the same structure as a joint petition presented to the court, in which the parties follow a common procedural path.
Article 6 of Decree-Law No. 132 of September 12, 2014 allows negotiation to be used for separation, divorce, and the subsequent modification of conditions. The authorized agreement or the one bearing clearance produces the effects of the corresponding judicial measure and must then be transmitted for annotations in the civil status registries.
The presence of children does not exclude negotiation. If there are minor children, adult children who are not financially independent, incapacitated individuals, or individuals with severe disabilities, the public prosecutor verifies that the agreement serves their best interests. In other cases, the prosecutor verifies the regularity of the understanding and, if no problems are identified, grants clearance.
This procedure is useful when the understanding is genuine and sufficiently precise. If a conflict remains regarding maintenance, the home, or the times the children spend with each parent, the agreement cannot be drafted by leaving the point unresolved. It is necessary to continue discussions or turn to the judge for a decision.
When there is no agreement between the spouses
One spouse's disagreement does not prevent divorce if the term has elapsed and the legal prerequisites are met. In the absence of an understanding, either spouse may file a contentious petition asking the court to pronounce the divorce and regulate the contested issues.
The judge may be called upon to decide on spousal maintenance, child maintenance, child placement, and the use of the family home. The timeline depends on the number of issues discussed, the financial documentation, and any need to gather evidence. The twelve months of judicial separation are not the duration of the divorce, but merely the minimum interval before filing the application.
When the economic dispute requires further investigation, the pronouncement on personal status can be separated from financial issues in cases permitted by law. In this way, the dissolution of the bond does not necessarily have to wait for the finalization of every financial aspect, but the choice and its effects must be considered within the specific proceeding.
Spousal maintenance: when it is due and how it is determined
Spousal maintenance is not automatic. The mere difference between salaries or assets is not enough, on its own, to establish the right. Article 5 of Law No. 898 of 1970 requires consideration of the inadequacy of the applicant's means and the impossibility of obtaining them for objective reasons, together with the other criteria provided by the rule.
The comparison concerns income, assets, working capacity, age, duration of the marriage, and the contribution made by each spouse to family life and the formation of common or individual assets. Relevance is assumed, for example, by a shared choice that led one of the spouses to permanently reduce their professional opportunities in order to take care of the family.
The previous standard of living is not automatically reconstructed. The Court of Cassation attributes welfare, compensatory, and equalization functions to maintenance: it can support those who lack adequate means and, when the conditions are met, compensate for the economic effects of shared family choices. A recent application of these principles can be found in Supreme Court of Cassation judgment No. 32910 of December 17, 2025.
Maintenance for the ex-spouse must be distinguished from child maintenance. The two contributions have different beneficiaries and criteria: the economic autonomy of the ex-spouse does not eliminate obligations toward a child who is not financially independent, while the presence of children does not automatically attribute spousal maintenance to the parent with whom they predominantly live.
Maintenance can be periodic or paid in a lump sum, if the conditions are met and the agreement passes the evaluation required by law. The choice is not equivalent: the lump-sum payment permanently defines financial relations within the limits provided by Article 5, whereas periodic maintenance can be modified in the presence of justified supervening reasons.
Children, the home, and financial conditions to be defined
The agreement must be concrete and actionable. If there are children, it is necessary to regulate parental responsibility, habitual residence, time spent with each parent, important decisions, and ordinary and extraordinary expenses. Generic formulas can postpone conflict rather than resolve it, especially when they do not clarify how decisions are made or how costs are shared.
The assignment of the family home primarily protects the children's interest in preserving their domestic environment; it does not serve to independently re-balance financial relations between ex-spouses. Ownership and assignment are different planes: the owner does not lose the asset, but may suffer a limitation in its use when the home is assigned to the other parent in the interest of the offspring.
To compare a joint petition and negotiation, the degree of agreement, the presence of children, the structure of financial commitments, and any need to regulate real estate matter. The consensual procedure can reduce activities and conflict, but it does not make the consequences of the agreement secondary. Unclear conditions may require subsequent modification or enforcement proceedings.
The cost does not depend solely on the name of the procedure. Factors that affect it include the number of issues to be defined, the financial complexity, the existence of an already mature agreement, and any conversion of the proceeding into a contentious one. Before choosing, it is useful to clarify which points are truly shared and which still require a decision.
Frequently asked questions
Can I get a divorce exactly six months after the separation?
After six months you can file the application if the separation is consensual and the term is calculated from the starting date provided for the procedure used. This does not mean the divorce is produced automatically on that day: an effective agreement or a court decision and subsequent civil status procedures are required.
Can I file for separation and divorce together?
A cumulative application is permitted, including in the consensual path. The judge pronounces the separation first; the divorce application can be handled after the relative decision becomes final and the six or twelve-month term has matured. The unitary filing coordinates the phases, but does not cancel the legal waiting period.
Can we have a single lawyer in assisted negotiation?
No, at least one lawyer per party is required. Assisted negotiation is based on the separate assistance of the two spouses, even when the agreement is complete. It is different from a joint petition to the court: in both cases, an understanding on all conditions is needed, but the structure, checks, and procedures change.
If I earn less, am I entitled to spousal maintenance?
The difference in income is not enough. Economic means, assets, working capacity, age, duration of the marriage, and contribution to the family must be considered, including any professional sacrifices deriving from shared choices. Maintenance is not meant to automatically maintain the previous standard of living nor to divide income equally.
Can the conditions of the divorce be changed?
Periodic conditions can be revised when justified reasons supervene, such as an actual and significant change in economic conditions or the needs of the children. Simply restating circumstances already considered is not enough. The payment of maintenance in a single lump sum instead follows a different discipline and aims to permanently define financial relations between the ex-spouses.
Choosing the right path
The fastest procedure is not always the simplest one in appearance. A precise agreement can make a joint petition or negotiation effective; an incomplete understanding can instead generate new conflicts. If you need to assess jurisdiction in Milan, the starting point of terms, or financial conditions, you can contact me to frame the applicable path for your situation.