Facing the End of a Marriage

The decision to separate or divorce represents one of the most complex and delicate moments in a person's life, a path fraught with emotional, personal, and economic implications. Fully understanding one's rights, duties, and legal procedures is the first fundamental step to facing this transition with awareness and serenity. In this phase, the support of a professional becomes crucial to navigate the regulatory framework and protect one's own interests and, above all, those of the children. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients to ensure that every decision is well-considered and aimed at building a new and stable future balance.

Separation and Divorce in Italy: What the Law Provides

The legal path leading to the dissolution of the marital bond in Italy is divided into two distinct 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. It can be consensual, when the spouses reach an agreement on all conditions (child custody, assignment of the marital home, maintenance payments), which is then approved by the court. In the absence of an agreement, the process proceeds with judicial separation, a genuine contentious proceeding in which the judge will decide on the conditions, based on the evidence and the parties' requests. Only after a period of time determined by law (six months for consensual, one year for judicial) can one apply for divorce, which definitively dissolves the marriage.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert family law attorney in Milan, is based on a thorough and personalized analysis of each individual case. The priority is always to explore, where possible, the path of dialogue and consensual agreement, as it is the quickest, least expensive, and, above all, least traumatic solution for all parties involved, especially for minors. When the judicial route becomes unavoidable, the firm develops a meticulous defense strategy aimed at firmly protecting the client's rights regarding maintenance payments, asset division, and, a matter of primary importance, child custody and well-being. The consultancy offered aims to provide the client with all the tools to make informed choices, managing every legal aspect with the utmost transparency and professionalism.

Frequently Asked Questions

What are the main differences between consensual and judicial separation?

Consensual separation is based on an agreement freely reached by the spouses on all conditions (children, home, financial matters), which is then submitted to the court for approval. It is a faster and less expensive procedure. Judicial separation, on the other hand, is a contentious proceeding initiated when there is no agreement; in this case, the judge decides on the conditions after evaluating the positions and evidence of both parties. The timelines are longer and the costs higher.

How long does it take to get a divorce in Italy?

To apply for divorce, a minimum period of uninterrupted separation must have passed. The law provides for 6 months if the separation was consensual, or 12 months if the separation was judicial. To these periods must be added the time required for the divorce proceeding itself, which can vary depending on whether it is joint (based on agreement) or judicial (contentious).

How is child maintenance determined?

Child maintenance is a financial contribution aimed at ensuring they have the same standard of living they had during the marriage. The judge determines it by considering several factors: the child's current needs (educational, health, recreational), the standard of living enjoyed during cohabitation, the time spent with each parent, and the financial resources of both parents. The goal is always the best interests of the child.

Is it mandatory to have a lawyer for separation?

Yes, the presence of a lawyer is always mandatory by law in every separation procedure, whether consensual or judicial. Even in the more recent assisted negotiation procedures, which take place outside the court, each spouse must be assisted by their own trusted lawyer to ensure the correctness of the procedure and the protection of the rights of both parties.

Contact the Firm for an Assessment of Your Case

If you are facing the difficult decision of separation or divorce, it is essential to receive clear and competent legal advice. The Bianucci Law Firm in Milan offers personalized consultations to analyze your specific situation, outline possible strategies, and define the most appropriate path to protect your interests and those of your family. Contact lawyer Marco Bianucci for a preliminary assessment of your case and to understand how to proceed most effectively.