Judicial divorce becomes necessary when a marriage has broken down, but there is no agreement on one or more important issues: children, housing, financial support, assets, or the divorce allowance. If you find yourself in this situation, it is natural to wonder how long the proceedings will take, whether the Court of Milan has jurisdiction, and what costs you must budget for.
I want to help you distinguish the time required to apply for divorce from the actual duration of the lawsuit. We will also examine why a financial dispute cannot be resolved by simply looking at a salary and why, when children are involved, provisional decisions adopted at the beginning of the proceedings immediately affect daily life.
When a Judicial Divorce Can Be Initiated
Divorce does not coincide with separation. In the most frequent scenario, a person who has obtained a judicial separation may request a divorce twelve months after the appearance of the spouses in the relative proceeding. It is also required that the separation judgment has become final, meaning it is no longer subject to ordinary appeals. The term is instead six months for consensual separation, even if proceedings that began as contested later turned into consensual ones. The reduction of terms is provided for by Law no. 55 of 2015.
De facto separation is not enough. Stopping cohabitation, dividing expenses, or living in different homes may be decisive for organizing family life, but it does not replace the prerequisite required for a divorce based on legal separation. The divorce law also contemplates other, less frequent causes provided for under Article 3 of Law no. 898 of 1970; for the ordinary path, however, legal separation remains the central step.
It is possible to anticipate the request, not the decision. In the separation proceedings, the parties may already submit the request for dissolution or cessation of the civil effects of the marriage. This request becomes actionable only after the expiration of the term provided by law and after the separation judgment has become final. Combining these actions can avoid the opening of two completely separate proceedings, but it does not eliminate the temporal requirements of the divorce, as clarified by Article 473-bis.49 of the Code of Civil Procedure in the text of the family procedure reform.
When the Court of Milan Has Jurisdiction
Milan does not have jurisdiction simply because one of the spouses works or has lived there. If there are minor children, the competent court is generally that of the place of their habitual residence. This rule seeks to concentrate the proceedings at the office closest to the actual center of the children's lives: school, healthcare, daily relationships, and family organization.
In the absence of minor children, the defendant's position matters. For a divorce petition, when no measures concerning minor children must be adopted, jurisdiction belongs to the court of the place of residence or domicile of the person against whom the petition is filed. If the defendant is untraceable or resides abroad, the law provides for different criteria, which may shift the proceedings to the location of the other spouse. This regulation was updated by Legislative Decree no. 164 of 2024, which amended Article 473-bis.47 of the Code of Civil Procedure.
The distinction affects the petition from the very beginning. Filing the application with the wrong court can cause delays and force the parties to argue about the venue of the trial rather than family and financial issues. For this reason, registered residence, actual domicile, and, above all for children, habitual residence are not abstract formulas: they are concrete facts to be reconstructed with precision.
How the Proceedings Take Place
The lawsuit begins with a petition. The petition must indicate the requests addressed to the court, the facts supporting them, the evidence, and the documents produced. It is not sufficient to generically request a divorce; requests regarding children, financial contributions, housing, or allowances must also be formulated with clarity if these aspects are in dispute.
Financial transparency is a procedural obligation. If a financial contribution is requested or there are minor children, each party must produce tax returns for the last three years, documents regarding real estate, vehicles, and company shares, as well as bank and financial statements for the same period. In proceedings concerning minors, a parenting plan must also be attached, meaning a concrete description of the children's school, activities, habits, and vacations. These are requirements set forth in Article 473-bis.12 of the Code of Civil Procedure in Legislative Decree no. 149 of 2022.
Incomplete documents can have consequences. A party that provides inaccurate or incomplete financial data exposes their behavior to the judge's evaluation. Furthermore, when deciding on maintenance or allowances, the judge may order integrations, order the production of documents, and carry out investigations into income, assets, and standard of living, including against third parties. Therefore, it is not useful to build a case on generic statements or a partial reconstruction of financial availability.
At the first hearing, the parties must normally appear in person. The judge listens to the spouses, attempts reconciliation, and, if an agreement is not reached, adopts the necessary temporary and urgent measures. These can immediately govern the placement of the children, visitation schedules, contributions to their maintenance, and, within the limits of the requests formulated, the financial relations between the spouses.
Times: What the Statutory Terms Indicate
The twelve-month term is not the duration of the divorce. In the case of judicial separation, it indicates the minimum period that must pass to make the divorce actionable. The duration of the trial depends instead on the number and nature of the contested issues, the need for evidence, the presence of complex financial requests, and the court's calendar.
The first hearing has regulated terms. The president designates the judge and sets the hearing; no more than ninety days must elapse between the filing of the petition and the first appearance. The defendant must be able to enter an appearance at least thirty days before the hearing, and, for notifications in Italy, at least sixty clear days must pass between the notification of the petition and the hearing. These data, contained in Article 473-bis.14, mark the start of the lawsuit but do not allow anyone to promise the date of the judgment.
Urgent decisions arrive before the final ruling. If there is no reconciliation, the judge may issue a temporary and enforceable order and schedule the evidentiary phase. When testimonies, supplementary productions, asset checks, or expert evaluations are needed, the trial proceeds to ascertain the contested facts. If, on the other hand, the case is already ready for decision, the judge may rule without a long evidentiary phase.
Civil status can be determined before financial issues. If it is possible to rule on the divorce petition while allowances, maintenance, or other aspects still need to be ascertained, the court may pronounce a judgment on the status of persons and have the proceedings continue on the additional requests. This means that the end of the marital bond and the definition of all economic consequences do not necessarily have to arrive at the same time.
Children, Maintenance, and Divorce Allowance
Divorce does not automatically change the organization regarding children. The judge must adopt decisions consistent with their best interests, taking into account the concrete needs of care, school, health, and relationship continuity. Joint custody does not equate to a mathematical division of time nor an identical division of expenses: the measure must indicate workable rules in daily life.
Child maintenance and the divorce allowance are different requests. The financial contribution for children serves to meet their needs and involves both parents. The divorce allowance, instead, concerns the economic relationship between former spouses. It does not automatically arise from the difference between two incomes and does not represent a punishment for the person who requested the divorce.
The divorce allowance requires a comprehensive assessment. Article 5 of Law no. 898 of 1970 considers the conditions of the spouses, the reasons for the decision, the personal and financial contribution given to the family and the formation of assets, incomes, and the duration of the marriage. The allowance may be ordered when the former spouse lacks adequate means or cannot procure them for objective reasons. The current text of Article 5 is referenced in Legislative Decree no. 164 of 2024.
A subsequent change can justify a review. A stable loss of income, a new concrete need of the children, or a relevant change in financial conditions does not render the existing measure useless, however: they can be submitted to the judge with a modification request. It is not prudent to unilaterally interrupt or reduce what has been established, because temporary and final financial measures are enforceable.
Costs of the Proceedings and Alternatives to Litigation
There is no single cost for every judicial divorce. Expenses include public trial fees, such as the unified filing fee and any notification or copy costs, in addition to the professional fee agreed upon with the counsel. If the lawsuit requires technical assessments, the expenses of the court-appointed expert may be added. The general discipline of judicial expenses is gathered in Presidential Decree no. 115 of 2002.
A lawsuit costs more when it is necessary to prove many contested facts. A limited dispute may require different activity compared to a lawsuit in which non-transparent incomes, complex assets, child custody, real estate transfers, or expert evaluations are discussed. A useful cost estimate must therefore separate predictable costs from contingent expenses, without presenting as certain a duration that also depends on the evidentiary phase and the judicial office.
Agreement remains an alternative if it is truly possible. If the spouses reach a complete agreement that respects the children's best interests, joint-petition divorce follows a different path: the petition is also signed by the parties and contains the financial and child-related conditions. The judge may ask for clarifications and will not accept agreements contrary to the children's best interests. A joint petition is not suitable when the agreement is only apparent or one party lacks the information necessary to choose knowingly.
Before filing the petition, a few organized data points are needed. It is useful to gather the separation judgment or agreement, information on its finality, income tax returns, available asset documents, and, if there are children, a concrete picture of their needs. With these elements, I can explain which requests are already actionable, which documents are missing, and whether there is real room for an agreement without confusing general willingness with a complete solution.
Frequently Asked Questions
Can I request a divorce twelve months after a judicial separation?
Yes, but the mere passage of twelve months is not enough. In the path based on judicial separation, the term runs from the appearance of the spouses in the separation proceeding, and the relative judgment must have become final. The moment cohabitation ceased, by itself, does not replace these requirements.
Does the Court of Milan have jurisdiction if I live in Milan?
Not necessarily. If there are minor children, their habitual residence counts first and foremost. If there are no minor children, jurisdiction generally follows the residence or domicile of the person against whom the petition is filed. Your sole residence in Milan may become relevant in specific situations, for example if the other spouse is untraceable or resides abroad.
How long does a judicial divorce take?
There is no uniform duration for all proceedings. The law regulates the initiation of the lawsuit and certain procedural deadlines, but the conclusion depends on the contested issues, the necessary evidence, and the court's calendar. A limited case may proceed differently from a lawsuit that requires asset investigations or interventions concerning children.
Must I also produce bank statements and asset documents?
Yes, when a financial contribution is requested or there are minor children. Family court procedure requires tax returns, documents on assets and shareholdings, and bank and financial statements for the past three years. This production serves to make financial requests verifiable, rather than merely proving a monthly salary.
Is the divorce allowance always granted to the spouse with the lower income?
No. The difference in income is a factor to be considered, but it is not decisive on its own. The judge also evaluates available means, the objective possibility of procuring them, the contribution given to the family and asset formation, the duration of the marriage, and other elements indicated by the law. For this reason, it is necessary to distinguish child maintenance from any allowance between former spouses.
A Concrete Starting Point
A well-structured judicial divorce starts from the facts that truly matter. The date of separation, its finality, the child's living arrangements, financial documentation, and the precise subject of the disagreement make it possible to understand whether it is necessary to start a lawsuit, wait for a prerequisite, or attempt an informed agreement. If you wish to address these steps with a professional consultation, you can contact me.