Navigating Separation with Clarity and Protection

Facing the end of a marriage is a complex journey, fraught with emotional and legal implications that demand clear thinking and expert support. We understand that at this time, your priority is to protect your rights, your future, and, above all, the well-being of your children. As an experienced family law attorney, Avv. Marco Bianucci offers legal advice and assistance to those residing in Monza and the province of Brianza, providing the necessary tools to navigate this delicate transition. The goal is to transform uncertainty into a defined path, based on fair and sustainable agreements over time.

Separation and Divorce: The Reference Regulatory Framework

In Italy, the process leading to the dissolution of the marital bond involves two distinct phases: the personal separation of the spouses and, subsequently, divorce. Separation does not end the marriage but suspends its most important effects, such as the obligation of cohabitation and fidelity. It can be of two types: consensual, when spouses reach an agreement on all conditions (child custody, assignment of the marital home, financial matters), which is then approved by the court; or judicial, when there is no agreement and the decision on every aspect is left to a judge, at the end of a legal proceeding.

Divorce, on the other hand, definitively dissolves the marital bond. To be able to request it, a minimum period of uninterrupted separation must have passed: six months in the case of consensual separation, one year in the case of judicial separation. Divorce can also be joint, if based on an agreement, or judicial. The fundamental aspects regulated in these procedures include child custody, which is normally shared to ensure the principle of co-parenting, and the definition of financial aspects, such as alimony for children and any divorce alimony for the economically weaker spouse.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, a divorce lawyer assisting clients in the Monza court, is based on a thorough and personalized analysis of each individual family situation. The strategy is never standardized but custom-built after careful listening. The primary goal is, where possible, to promote consensual solutions that reduce the time, costs, and emotional impact of conflict, especially when minors are involved. This does not mean renouncing the protection of the client's rights; on the contrary, it means negotiating from a position of strength, based on a deep knowledge of the law and jurisprudence, to reach the most advantageous agreement possible. Should the judicial route be unavoidable, the firm ensures a determined and strategic defense at every stage of the proceedings.

Frequently Asked Questions

How long does a consensual separation take in Monza?

The timeline for a consensual separation is significantly shorter than for a judicial one. Once the joint petition is filed with the court, the hearing is generally scheduled within a few months. If the agreement complies with the law and adequately protects the children's interests, the court proceeds with approval relatively quickly. The assisted negotiation procedure, carried out through lawyers, can be even faster.

How is child custody decided?

The guiding principle in Italian family law is the protection of the child's superior interest. For this reason, the rule is shared custody by both parents, who maintain joint exercise of parental responsibility. This means that the most important decisions for the children's lives (education, health, upbringing) must be made by mutual agreement. Sole custody awarded to one parent is a residual hypothesis, ordered by the judge only in serious and proven cases of inadequacy of the other parent.

What happens if we don't reach a financial agreement?

If it is not possible to reach an agreement on financial matters (child support, spousal support, home assignment), the separation will have to proceed judicially. The judge will decide, based on the evidence provided by the parties, the incomes, assets, and needs of each spouse and the children. The judge will determine the amount of child support and regulate all other financial aspects of the separation.

Do I absolutely have to go to court to get separated?

No, not necessarily. In addition to the court procedure, the law provides two alternatives for consensual separations: assisted negotiation by lawyers and a declaration before the Civil Status Officer of the Municipality. Assisted negotiation allows an agreement to be reached with the help of respective lawyers, without going through a hearing. The procedure at the Municipality is only possible if there are no minor or non-self-sufficient adult children and if the agreement does not involve property transfers.

Contact Avv. Marco Bianucci for an Assessment of Your Case

If you are facing separation or divorce in the Monza and Brianza area, the first step is to obtain clear and comprehensive legal advice. The Bianucci Law Firm, based in Milan, is at your disposal to analyze your specific situation, explain your rights, and define the most effective strategy to protect your interests. Contact the firm to schedule an appointment and receive professional advice on your family matter.