Divorce in Italy

Divorce in Italy

Divorce is a legal process that terminates a marriage. In Italy, divorce was legalized in 1970 and since then, it has become more common.

Grounds for Divorce in Italy. In Italy, there are three grounds for divorce:

• Separation: A separation is granted when the spouses have been living apart for a period of at least six months. This is the most common ground for divorce in Italy.
• Adultery: Adultery is grounds for divorce if one spouse has engaged in sexual relations outside of the marriage.
• Serious Misconduct: Serious misconduct is grounds for divorce if one spouse has committed a serious offense, such as abuse or domestic violence.

The divorce process in Italy can be initiated by either spouse or by mutual consent. The process for each type of divorce is different.

• Separation: To obtain a separation, one spouse must file a petition with the court. If the court determines that the couple has been living apart for at least six months, it will grant the separation.
• Adultery: To obtain a divorce on the grounds of adultery, one spouse must provide evidence of the affair. This evidence can include photos, emails, or witness testimony.
• Serious Misconduct: To obtain a divorce on the grounds of serious misconduct, one spouse must provide evidence of the offense. This evidence can include police reports, medical records, or witness testimony.

In Italy, mutual consent divorce is the most common form of divorce. In a mutual consent divorce, the spouses agree to end the marriage and agree on all aspects of the divorce, such as child custody, property division, and support payments. The process for a mutual consent divorce is as follows:

• Filing the Petition: Both spouses must file a joint petition for divorce with the court.
• Waiting Period: There is a mandatory waiting period of six months from the date of the petition.
• Settlement Agreement: During the waiting period, the spouses must agree on all aspects of the divorce and submit a settlement agreement to the court.
• Final Hearing: After the waiting period, the court will hold a final hearing to approve the settlement agreement and grant the divorce.

In conclusion, divorce is a legal process that can be initiated by either spouse or by mutual consent in Italy. The grounds for divorce are separation, adultery, and serious misconduct. The divorce process for each type of divorce is different, but mutual consent divorce is the most common.