Understanding Short Divorce in Italy

Facing the end of a marriage is a complex journey, fraught with emotional and legal implications. Understanding the available options is the first step towards consciously managing the situation. In this context, the so-called 'short divorce', introduced by Law no. 55/2015, represents one of the most significant innovations in Italian family law, as it has considerably reduced the time required to obtain the dissolution of the marital bond. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients, guiding them through every phase of this procedure, with the aim of making the process as clear and serene as possible.

Fundamental Requirements for Short Divorce

To access the short divorce procedure, it is essential that a minimum period of uninterrupted legal separation has passed. The duration of this period varies depending on the nature of the separation itself. Specifically, the law provides for six months of separation in the case of consensual separation, i.e., when the spouses have reached an agreement on all conditions. The term extends to twelve months in the case of judicial separation, meaning when the separation has been pronounced by a court following a dispute between the parties. It is essential that the separation has not been interrupted during this period, otherwise the terms would start to run again.

The Procedure: Joint and Judicial Divorce

Once the time requirements are met, the divorce application can be filed. If the spouses reach a complete agreement on all conditions, including financial aspects and child custody, the process proceeds with a joint application. This is the fastest and most efficient route, concluding with a single hearing before the judge. Alternatively, the law provides for the assisted negotiation procedure, mediated by lawyers, which allows for obtaining a divorce without going to court. If, on the other hand, there is no agreement, one of the spouses will have to initiate a judicial divorce proceeding, which involves a longer and more complex legal process, during which the judge will decide on the conditions for the dissolution of the marriage.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a divorce lawyer in Milan with extensive experience, is based on finding the most effective and protective solution for the client. In matters of short divorce, the firm prioritizes, where possible, the consensual route and assisted negotiation. This strategy aims to reduce time, contain costs, and, above all, minimize the emotional burden and stress for all individuals involved, particularly for children. Each case is analyzed in detail to define a personalized strategy, providing clear and transparent legal assistance that allows the client to make informed and aware choices at every stage of the process.

Frequently Asked Questions

How long does it take to get a short divorce?

The timing depends on the chosen procedure. In the case of joint divorce or assisted negotiation, the process can be concluded within a few months of filing the application. If proceeding with a judicial divorce due to a lack of agreement, the timeline extends considerably and can exceed one year, depending on the complexity of the case and the workload of the competent court.

What are the costs for a short divorce?

Costs vary based on the complexity of the situation and the procedure adopted. A consensual divorce or one through assisted negotiation has significantly lower costs compared to a judicial divorce, which requires a longer and more complex legal activity. Professional fees are clearly defined at the beginning of the mandate, based on the specific needs of the case.

What happens if there is no agreement between the spouses?

If an agreement cannot be reached on all divorce conditions (alimony, child custody, assignment of the marital home), the only viable path is judicial divorce. In this case, the court will decide on all contentious issues after evaluating the evidence and arguments presented by both spouses through their lawyers.

Is the presence of a lawyer necessary for a short divorce?

Yes, legal assistance is always mandatory by law in every divorce procedure, whether it is consensual, judicial, or through assisted negotiation. The lawyer not only manages the procedural aspects but also ensures that the agreements reached are fair and comply with regulations, fully protecting the rights of their client.

Contact an Expert Lawyer in Milan

The end of a marriage requires clarity, expertise, and adequate legal support. If you are considering the possibility of a short divorce and wish to understand the most suitable path for your specific situation, it is crucial to rely on a professional. Contact the Bianucci Law Firm to request an assessment of your case. Lawyer Marco Bianucci will provide a detailed analysis of the available options, clearly outlining the necessary steps to protect your interests.