What Happens If the Other Spouse Does Not Want to Separate

In Italy, separation is a right recognized by law. This means that, regardless of the other spouse's will, one of the two has the option to request it. Italian legislation indeed protects the individual's interest in ending an unsustainable union.

The Unilateral Separation Procedure

When one of the spouses decides to separate, they can initiate a judicial separation procedure. In this case, the court will be called to pronounce the separation, even if the other spouse does not agree.

"Judicial separation is a legal tool that allows the rights of the requesting spouse to be protected, ensuring a fair and just resolution of the situation."

Phases of the Judicial Separation Process

• Filing the Petition: The interested spouse files a petition with the competent court.
• Hearing: The parties are summoned to court to attempt a reconciliation.
• Judge's Decision: If reconciliation fails, the judge will proceed with the investigation and will ultimately issue a separation decree.

Timing and Aspects to Consider

The procedure can be lengthy and complex, with a duration that varies depending on the complexity of the case and the workload of the court. It is essential to prepare adequately and gather all necessary information to support one's position.

Specialized Legal Assistance

Facing a judicial separation can be challenging without the right legal support. The Bianucci Law Firm is ready to assist you at every stage of the process, ensuring expertise and professionalism. Do not hesitate to contact us for a tailored consultation and to best protect your rights. Our team of experts is by your side to guide you confidently through this difficult journey.