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 expert guidance. We understand that in times like these, uncertainty about the future and concern for children can be overwhelming. It is in this context that the assistance of a professional becomes fundamental to navigate separation and divorce proceedings with clarity and confidence. As a family lawyer with extensive experience, Avv. Marco Bianucci offers legal advice and assistance to residents of Bollate and Baranzate, ensuring targeted support for the protection of the rights of all parties involved, with particular attention to the well-being of minors.

Separation and Divorce: The Regulatory Framework

Italian family law meticulously governs the stages leading to the dissolution of the marital bond. The first mandatory step is the personal separation of the spouses, which does not end the marriage but suspends its most significant effects, such as the obligation of cohabitation and fidelity. Only after a specific period of time from separation can one proceed with the divorce request, which definitively dissolves the bond. Both procedures can follow two distinct paths, depending on whether or not there is an agreement between the spouses.

Consensual and Judicial Separation

When spouses reach an agreement on all conditions related to the end of their union (child custody, assignment of the marital home, maintenance payments), a consensual separation can proceed. This path is generally faster and less expensive, as the agreement is submitted to the court for mere approval. If, on the other hand, an agreement cannot be reached, the route of judicial separation must be undertaken. In this case, the judge will decide on the conditions after evaluating the evidence and arguments presented by both spouses through their lawyers.

Protection of Children and Economic Aspects

The absolute priority in any separation or divorce proceeding is the protection of children. The guiding principle is that of biparentality, which guarantees the child's right to maintain a balanced and continuous relationship with both parents. Custody is, as a rule, shared, while the arrangements for residence and visitation schedules are defined. Simultaneously, the amount of child support is established, calculated based on their actual needs and the economic capabilities of both parents. Financial matters between the spouses are also regulated, including the potential payment of spousal support to the economically weaker spouse.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a family lawyer assisting clients in Bollate and Baranzate, is based on strategic and personalized management of each case. The primary goal is to promote, where possible, a consensual solution, which reduces the time, costs, and emotional impact of conflict, especially on children. Should the judicial route be unavoidable, the firm ensures rigorous and determined defense, built on a thorough analysis of all factual and legal elements. The strategy is always aimed at achieving the best possible outcome, firmly protecting the client's interests and ensuring maximum transparency at every stage of the process.

Frequently Asked Questions

How long does it take to obtain a consensual separation?

The timeframe for a consensual separation is significantly shorter than for a judicial one. From the moment the joint petition is filed with the court, the preliminary hearing is usually scheduled within a few months. Once the judge has verified that the agreement is in the best interest of the children and spouses, the approval order concludes the process, making the separation effective in all respects.

How is child support determined?

The calculation of child support does not follow rigid mathematical formulas but is based on a careful assessment of various factors. The judge considers the child's actual needs (educational, health, recreational), the standard of living enjoyed during the marriage, the time spent with each parent, and, above all, the income and financial resources of both parents. The goal is to ensure financial support for the children that is proportionate and adequate for their upbringing.

What happens to the family home after separation?

The assignment of the family home is decided primarily in the best interest of the children. Generally, the right to live in the home is granted to the parent with whom the children primarily reside (custodial parent), regardless of who owns the property. This right continues until the children reach economic independence or cease to live permanently with the custodial parent.

Contact an Expert Lawyer in Milan

The decisions made during a separation or divorce have lasting consequences on the lives of everyone involved. For this reason, it is essential not to face this moment without the support of a qualified professional. If you reside in Bollate, Baranzate, or surrounding areas and require assistance, contacting an experienced family lawyer is the first step to protecting your rights and your future. Avv. Marco Bianucci is available for an in-depth analysis of your case to identify the most effective legal strategy. Contact the Bianucci Law Firm for an assessment of your situation.