The management of divorce in Italy

Facing the end of a marriage is a complex journey, full of emotional and legal implications that require clarity and expert guidance. Understanding the procedures, protecting one's rights, and defining financial agreements are fundamental steps to closing one chapter of life and starting a new one with peace of mind. In this context, professional support is crucial. As an expert family law attorney in Milan, Avv. Marco Bianucci offers legal assistance aimed at navigating the complexities of the divorce process, ensuring that every decision is made with awareness and strategy.

Italian law provides two main paths to obtain a divorce: consensual divorce and judicial divorce. The former is the quickest and most economical route, possible when spouses reach a complete agreement on all conditions, including child custody, alimony, and asset division. This agreement is then submitted to the court for approval. The latter, judicial divorce, becomes necessary when there is no agreement between the parties. In this case, a full legal proceeding is initiated, where the judge will decide on all aspects of the separation, with inevitably longer times and higher costs.

The strategic approach to divorce at the Bianucci Law Firm

The approach of Avv. Marco Bianucci, divorce attorney in Milan, focuses on finding the most effective and least conflictual solution for the client. The firm, although based in Milan, regularly provides assistance to clients residing in neighboring areas such as Vimercate and Carugate, ensuring the same attention and professionalism. The preferred strategy is to explore every possible avenue for a consensual agreement, as a quick divorce not only reduces legal costs but, above all, limits emotional stress for all involved, especially children. This does not mean accepting disadvantageous compromises.

The negotiation phase of financial agreements is managed with the utmost care, analyzing in detail the financial and asset situation of the couple to define a fair and sustainable division over time. Should the path of dialogue not be feasible, the Bianucci Law Firm ensures a determined and competent defense in court. The objective remains unchanged: to protect the client's interests, both personal and financial, through solid legal action, based on a deep knowledge of the subject matter and the most recent case law.

Frequently Asked Questions

How long does a quick divorce take?

The so-called 'short divorce', introduced by Law 55/2015, has significantly reduced the timeframes. For a consensual divorce, after legal separation, 6 months are required. In case of judicial separation, the term is 12 months. To these periods, the technical times of the court are added, which can vary, but the consensual procedure remains by far the fastest.

How are assets divided in case of divorce?

The division of assets depends on the matrimonial property regime chosen by the spouses at the time of marriage. If under the regime of community property, everything acquired during the marriage is divided 50/50, with some exceptions for personal assets. If under the regime of separation of property, each spouse retains exclusive ownership of what they have acquired. Divorce agreements can, however, define specific division methods.

Is it mandatory to have a lawyer to get divorced?

Yes, the assistance of a lawyer is always mandatory in Italy for both divorce procedures, whether consensual or judicial. Even in assisted negotiation procedures, which take place outside of court, each party must be assisted by their trusted lawyer to ensure the correctness and validity of the agreement.

What happens if an agreement cannot be reached with the spouse?

If it is impossible to reach an agreement on the divorce conditions (alimony, child custody, asset division), the only feasible path is judicial divorce. In this scenario, one of the spouses initiates a lawsuit against the other. The judge, at the end of the process and after evaluating the evidence and arguments of both parties, will establish all the conditions for the dissolution of the marriage with a ruling.

Request a case evaluation

Every divorce has a unique story and dynamics that deserve in-depth analysis and a personalized strategy. If you are looking for a divorce attorney in Milan to handle your case with competence and sensitivity, the Bianucci Law Firm is at your disposal. Avv. Marco Bianucci receives clients at the office located at Via Alberto da Giussano, 26, to offer clear advice and define the most appropriate legal path to protect your rights and your future. Contact the firm to schedule an initial consultation and evaluate your situation.