Divorce in Italy

• Legal consultations on divorce in Italy: A lawyer can explain the legal framework, help assess the strength of the case, and inform both parties about their rights and obligations.
• Representation in court for divorce in Italy: A lawyer will represent your interests in court, ensuring that your rights are protected.
• Negotiation during the divorce process: In mutual consent cases, a lawyer helps negotiate the terms of the divorce agreement, including the division of assets, child custody, and alimony.
• Drafting documents: A divorce lawyer prepares and files the necessary paperwork, ensuring that all legal requirements are met.

Types of Divorce in Italy (2 types of divorce): Divorce by Mutual Consent (Divorzio Con Adesione Condivisa): This is the most straightforward form of divorce, where both parties agree on all terms, including property division, child custody, and alimony. Divorce by Judicial Separation (Separazione Giudiziale): If one party does not consent to the divorce or if there are unresolved issues such as child custody or asset division, the parties must undergo a judicial separation process.

• Separation Period: Before filing for divorce, Italian law requires couples to undergo a separation period. For divorce by mutual consent, the separation period lasts six months if the couple does not have children or one year if children are involved. For judicial separation, the period is typically one year after the judgment of separation.
• Filing for Divorce: Once the separation period is over, either party can file for divorce. If it is a mutual consent divorce, both parties must submit the divorce petition together.
• Court Review and Hearing: In mutual consent cases, the judge typically reviews the agreement and may request a brief hearing, but often the decision is made without a formal court session. For judicial divorce cases, the process is more complex, and hearings are held to resolve disputes over custody, alimony, and property division.
• Final Divorce Judgment: After reviewing the case, the judge issues a final ruling on the divorce, including any related matters such as financial support and custody arrangements.

In the case of a contested divorce, the process is more formal and involves court hearings: Initial Petition (filing the petition, outlining the grounds for divorce, and addressing any other relevant issues). Temporary Measures (the court may issue temporary orders for child custody, visitation rights, and financial support during the divorce process). Mediation (in some cases, the court may recommend mediation to help resolve disagreements without the need for a full trial). Hearing and Evidence (both parties present their evidence, including financial documents, testimonies, and any other relevant information. The judge reviews the evidence and listens to arguments from both sides). Final Ruling (the judge issues a final decision on the divorce).