Understanding and Protection in Family Crisis

Facing the end of a marriage is a complex journey, laden with emotional and legal implications that can generate uncertainty and concern. In such a delicate phase of life, it is essential to have competent and clear legal guidance. As a divorce lawyer in Milan, Avv. Marco Bianucci offers strategic and personalized support to protect your rights and those of your children, guiding every decision towards the most balanced and sustainable solution for the future.

Separation and Divorce: The Regulatory Context

Italian legislation governs marital relationship crises through two main institutions: separation and divorce. Personal separation of spouses does not end the marriage but suspends its effects pending reconciliation or subsequent divorce. It can be consensual, when spouses reach an agreement on all personal and financial aspects, or judicial, when, in the absence of agreement, the Court decides on the conditions. Divorce, on the other hand, definitively dissolves the marital bond and can be requested after a period of uninterrupted separation.

Assisted Negotiation: An Alternative Route

For couples intending to separate or divorce by mutual consent, the law provides for the instrument of assisted negotiation. This is a procedure that takes place outside of courtrooms, with the assistance of one lawyer per party. This path allows for reaching an agreement in significantly shorter times and with less emotional impact, especially when children are involved. The agreement reached has the same effect as a court order, ensuring full legal validity.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, divorce lawyer in Milan, is based on three pillars: in-depth listening, tailored strategy, and practicality. Every family crisis is unique and deserves a solution that takes into account specific personal and economic dynamics. The primary objective is the protection of your interests and, above all, the well-being of the children involved. For this reason, the path of dialogue and consensual agreements, such as assisted negotiation, is always preferred, where possible, to reduce time, costs, and tensions. Should the protection of your rights require judicial action, the Bianucci Law Firm ensures a determined and rigorous defense at every stage of the proceedings.

Frequently Asked Questions

What is the difference between separation and divorce?

Separation is a transitional phase that suspends marital duties, such as cohabitation and fidelity, but does not dissolve the marriage. Spouses remain married in all legal respects. Divorce, on the other hand, definitively ends the marital bond, allowing both parties to remarry. A period of legal separation is required before divorce is possible.

How long does a consensual separation take?

The time for a consensual separation has been significantly reduced thanks to procedures like assisted negotiation. With this tool, in the absence of critical issues, the entire process can be finalized in a few weeks. In the case of a joint court application, the times can vary from a few months depending on the workload of the competent judicial office.

How is child custody determined?

The guiding principle is the best interest of the child. The general rule is joint custody for both parents, who jointly exercise parental responsibility. The judge determines which parent the children will primarily reside with and defines the times and conditions for staying with the other parent, as well as determining the maintenance contribution.

What happens to the marital home after separation?

The assignment of the family 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 minor or non-economically independent adult children reside. The assignment is not linked to the ownership of the property but to the protection of the stability and well-being of the offspring.

Contact the Firm for an Assessment of Your Case

The end of a marriage requires clarity and expert legal assistance to navigate normative and emotional complexities. If you are facing a separation or divorce, it is essential to fully understand your options to make informed decisions. Contact the firm of Avv. Marco Bianucci in Milan to receive an in-depth analysis of your situation. A clear and personalized legal path will be defined, aimed at protecting your rights and achieving the best possible solution for your future.