The management of marital crisis

Facing the end of a marriage is a complex journey, fraught with emotional and legal implications that require clarity and expertise. In these moments, the support of a divorce lawyer in Milan with consolidated experience is fundamental to protect one's rights and those of the children, ensuring the smoothest possible process. Understanding the dynamics of separation, issues related to alimony, and the allocation of the family home is the first step towards making informed decisions. The goal is to transform a period of crisis into a new beginning, based on fair and sustainable agreements over time.

Consensual and judicial separation: the regulatory framework

In Italy, the law provides for two main paths for the personal separation of spouses: consensual separation and judicial separation. Consensual separation is the preferred route, as it is based on an agreement reached by both spouses regarding financial conditions, child custody, and the allocation of the family home. This agreement is then submitted to the court for approval. When, however, an agreement cannot be reached, the process proceeds with judicial separation. In this case, the judge decides on all aspects of the separation after evaluating the evidence and arguments presented by the parties. The choice between the two paths depends on the specific situation and the ability of the spouses to engage in constructive dialogue.

The approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses on a strategic and personalized management of marital crisis. The firm, based in Milan, assists clients throughout the city, including the Città Studi and Lambrate areas, offering clear and pragmatic advice. The primary goal is always to explore the possibility of a consensual solution, which reduces the time, costs, and emotional burden of conflict. Should dialogue not be feasible, Avv. Bianucci ensures a determined and rigorous defense in judicial proceedings, building the best procedural strategy to protect the interests of his client, with particular attention to the protection of the minors involved.

Frequently Asked Questions

What is the difference between separation and divorce?

Personal separation of spouses does not dissolve the marital bond but suspends its effects, such as the obligation of cohabitation and fidelity. Separated spouses legally remain husband and wife. Divorce, on the other hand, definitively dissolves the marriage and allows for remarriage. To be able to request a divorce, a minimum period of uninterrupted separation must have passed (6 months in case of consensual separation, 12 months in case of judicial separation).

How is alimony for the spouse calculated?

Alimony is intended for the economically weaker spouse and does not have a fixed calculation formula. The judge evaluates various factors, including the incomes of both spouses, the duration of the marriage, the earning capacity of the applicant, and the standard of living enjoyed during the marital life. The goal is to ensure that the spouse who does not have adequate means can maintain a standard of living similar to that during the marriage, within the economic possibilities of the obligated party.

Who gets the family home in case of separation with children?

The right to live in the family home is generally granted to the parent with custody of the children, i.e., the one with whom the children will primarily live. This decision is not linked to the ownership of the property but responds to the need to protect the primary interest of minors not to suffer further trauma, by maintaining their usual living environment. In the absence of children, or with adult and financially independent children, the home remains available to the owner spouse or is managed according to the agreements made.

Contact the firm for an assessment of your case

If you are facing a separation or divorce and require the advice of a divorce lawyer in Milan, Studio Legale Bianucci offers an initial consultation to analyze your specific situation. Avv. Marco Bianucci will provide clear legal advice and a strategic assessment of the available options to best protect your interests. To schedule an appointment at the office located at Via Alberto da Giussano, 26, you can contact the firm.