Understanding Marital Crisis: The Role of the Divorce Lawyer

Facing the end of a marriage is a complex journey, laden with emotional, personal, and financial implications. In such a delicate moment, it is crucial to have legal guidance by your side that can offer not only technical expertise but also a strategic and humane perspective. As a divorce lawyer in Milan, lawyer Marco Bianucci assists spouses in managing the crisis, with the aim of protecting their rights, safeguarding the well-being of children, and preserving the assets built over time. Understanding the procedures for separation and divorce is the first step towards making informed decisions and building a new balance for the future.

Separation and Divorce: The Legal Framework in Italy

The path leading to the dissolution of the marital bond in Italy is marked by two main phases: separation and, subsequently, divorce. Separation does not end the marriage but suspends its most important effects, such as the obligation of cohabitation and fidelity, while maintaining other duties, such as the support of the economically weaker spouse and children. There are two main ways to proceed with separation.

Consensual Separation

This procedure is implemented when spouses reach an agreement on all conditions relating to the end of their cohabitation: child custody and support, allocation of the marital home, and any spousal support for one of them. The agreement is formalized and submitted to the court for review, which approves it after verifying its compliance with the law and the protection of the primary interests of minors. It is the fastest and least conflict-ridden path.

Judicial Separation

In the absence of an agreement, one of the spouses can initiate judicial separation proceedings. In this case, the judge will decide on all contentious issues, including the possibility of attributing fault for the separation to the spouse whose conduct has violated marital duties. This path is generally longer, more expensive, and emotionally taxing. Once separation is obtained, and after the legal waiting periods have passed, divorce proceedings can be initiated for the definitive dissolution of the marriage.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, a lawyer with extensive experience in family law in Milan, is based on a thorough and personalized analysis of each individual case. The primary goal is, where possible, to favor consensual solutions that reduce conflict and the duration of proceedings, always placing the protection of minor children at the center. Particular attention is paid to drafting a detailed parenting plan, which clearly and functionally regulates the daily management of the children. Equally crucial is the management of financial aspects: from the division of jointly owned assets to the protection of personal assets, the firm offers strategic advice to ensure a fair and sustainable long-term resolution.

Frequently Asked Questions

How does joint child custody work?

Joint custody, the main rule in our legal system, means that both parents retain parental responsibility and participate equally in the most important decisions for the children's lives (education, health, upbringing). It does not necessarily mean that children spend the exact same amount of time with each parent, but that their time is balanced and functional to their well-being, with the designation of a 'custodial' parent with whom they will have their primary residence.

What happens to the marital home after separation?

The allocation of the marital 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 children will primarily live, regardless of who owns it. In the absence of minor or non-self-sufficient adult children, the home follows the general rules of ownership and community property.

Is spousal support always due?

No, it is not automatic. Spousal support is provided only if one of the spouses does not have adequate financial means to maintain a standard of living similar to that enjoyed during the marriage and cannot obtain them for objective reasons. Its quantification depends on various factors, including the incomes of both, the duration of the marriage, and the contributions made by each to family life.

Contact an Expert Family Law Attorney in Milan

The decisions made during a separation or divorce have lasting consequences on the lives of everyone involved. Relying on a competent professional is essential to navigate the process with clarity and confidence. If you are looking for a divorce lawyer in Milan for personalized advice, you can contact lawyer Marco Bianucci. The Bianucci Law Firm, located at Via Alberto da Giussano, 26, offers an initial consultation to analyze your situation and define the most appropriate strategy to protect your interests and those of your family.