{"id":2233,"date":"2024-10-21T11:20:09","date_gmt":"2024-10-21T09:20:09","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2233"},"modified":"2026-07-10T14:30:55","modified_gmt":"2026-07-10T12:30:55","slug":"divorce","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/divorce\/","title":{"rendered":"Divorce"},"content":{"rendered":"

Divorce in Italy<\/h1>\n
Divorce decrees the end of marriage and provides for the regulation of property and family relationships. Italian legislation offers various ways to proceed, depending on the situation. The assistance of a law firm experienced in family law protects the fundamental rights of the person, allowing them to transform the end of a bond into a new beginning.<\/div>\n
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Divorce is the legal institution that allows spouses to dissolve the civil marital bond or to put an end to the civil effects of a religious marriage. This process definitively ends the mutual rights and duties deriving from marriage, restoring to the parties the free status, allowing them to undertake new paths of life, also from a legal, property and personal point of view.<\/p>\n<\/p>\n

The possibility to divorce was introduced in Italy on 1 December 1970, with the approval of the divorce law n. 898, known as the Fortuna-Baslini law. This epochal step marked a historic and cultural change in our legal system, allowing for the first time the legal dissolution of marriage. The law represented a turning point for Italian civil law, influenced by the growing recognition of individual rights and the evolution of society. Until then, marriage was considered indissoluble, with strong cultural and religious roots that had prevented for decades any regulatory intervention in the matter. The approval of divorce was the result of a long and heated social and political debate, culminating in an abrogative referendum in 1974, where the majority of Italians confirmed the validity of the law.<\/p>\n<\/p>\n

Over time, divorce legislation has undergone significant evolutions to adapt to social changes and respond more effectively to the needs of the persons involved, translating into a new divorce law in Italy. Initially, the law provided for an obligatory period of separation of five years before being able to access divorce, designed to allow the spouses an in-depth reflection. This long interval of time was motivated by the intention to safeguard family stability and offer a possibility of reconciliation. Over the years, however, the legislator has progressively reduced the times required to access divorce: in 1987 this period was reduced to three years, a clear signal of greater attention to individual rights and to the need to respect personal choices.<\/p>\n<\/p>\n

Further progress was marked by the 2015 reform, known as “short divorce”, which made the proceeding even faster and less burdensome. Thanks to this legislative modification, the times have been significantly shortened to six months for consensual separations and one year for judicial ones. This change has not only simplified the procedures, including those of short divorce with children, but has also allowed reducing the emotional and financial impact that often accompanies long waiting times.<\/p>\n<\/p>\n

Parallel to the regulatory evolution, new modalities to obtain divorce have been introduced, which reflect greater flexibility with respect to the needs of the parties. For example, the divorce proceeding can take place through different modalities. In the case of consensual divorce, the parties reach an agreement on all relevant aspects, such as child custody, maintenance and the division of assets. This path, generally faster, more economical and less conflictual, requires a minimum duration of six months from separation. Differently, judicial divorce is necessary when the spouses are unable to find an agreement, obliging them to turn to the court. This type of proceeding, longer and more costly, allows the judge to intervene to resolve complex situations.<\/p>\n<\/p>\n

Finally, assisted negotiation for divorce, introduced in 2014, allows reaching an agreement through the assistance of lawyers, avoiding recourse to the court, provided there are no minor children or non-self-sufficient adult children.<\/p>\n<\/p>\n

But divorce is not limited to being a legal act: it represents a moment of great transformation in the lives of the spouses, with profound repercussions both on the personal and on the property level. With divorce, in fact, the mutual rights and duties deriving from marriage cease, such as the duty of fidelity, cohabitation and moral and material assistance.<\/p>\n<\/p>\n

However, economic obligations may remain, such as the maintenance allowance for the economically weaker spouse, established on the basis of the needs of the requesting party and on the economic capacities of those who are required to pay it.<\/p>\n<\/p>\n

Furthermore, divorce affects the family patrimony, providing for the division of common assets and the liquidation of the share due to the spouse in the family business, if present. These are complex aspects that require careful assessment and specialised advice to protect one’s own interests.<\/p>\n<\/p>\n

For these reasons, the role of the lawyer in a divorce procedure is fundamental. As a divorce lawyer, my task is to support clients at every stage of the journey, offering highly specialised advice to ensure that their rights are protected. Whether negotiating a consensual agreement or facing a judicial proceeding, my objective is to guide the parties towards a solution that is fair, respectful and as serene as possible. Thanks to a personalised and solution-oriented approach, I am committed to managing every legal, property and family aspect with the maximum professionalism and sensitivity. Addressing a divorce is a delicate moment, but with the right support it can also represent an opportunity to start a new phase of life with serenity and awareness.<\/p>\n<\/div>\n

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Separation and divorce: what are the differences?<\/h2>\n<\/div>\n
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Many confuse separation and divorce, but these are two distinct phases of the path of dissolution of marriage, each with its own peculiarities and implications.<\/p>\n<\/p>\n

What is therefore the difference between divorce and separation?<\/p>\n<\/p>\n

Separation, which can be consensual or judicial, suspends some effects of marriage, such as the obligation of cohabitation, but does not interrupt the marital bond. It is a necessary passage in most cases, except in particular situations that allow divorce without separation, such as in the case of an unconsummated marriage. Divorce, instead, definitively extinguishes the marriage, marking a fundamental difference both at the legal and personal level.<\/p>\n<\/p>\n

Among the most relevant differences between separation and divorce are civil status, financial implications and future prospects of the marital relationship. During separation, the spouses formally maintain their status of “married”. This means that they cannot remarry since the marriage is still valid in the eyes of the law. However, in this phase they may continue to benefit from some legal and financial advantages connected to marital status, such as rights over common assets, inheritance, succession and health coverage. On the contrary, with divorce, civil status changes to “divorced” and with it the rights and benefits linked to the previous marriage cease, including welfare coverage and inheritance rights.<\/p>\n<\/p>\n

Procedures for separation in Italy come in various forms. Judicial separation, necessary when the spouses are unable to find an agreement, requires the intervention of the court.<\/p>\n<\/p>\n

This process can be complex and requires time, since the judge must resolve any disputes on the key issues. Consensual separation, instead, offers a more direct path and can be managed in court with the assistance of a single lawyer or two lawyers, or through assisted negotiation. There is also the option of separating at the Municipality, reserved for couples without minor or economically non-self-sufficient children and in the absence of property agreements. These different options make separation a flexible procedure, adaptable to the specific needs of the parties.<\/p>\n<\/p>\n

With the introduction of the Cartabia reform, the process of separation and divorce has become even more flexible. The possibility of submitting a single application for both phases, provided that the waiting period is respected (six months for consensual separations and one year for judicial ones), has considerably simplified the path. This change is part of an already renewed landscape with the “short divorce” of 2015, which has reduced the time required for the conclusion of the marriage, making the process less burdensome both from an emotional and a financial point of view.<\/p>\n<\/p>\n

Another fundamental aspect is the management of economic obligations. During separation, a maintenance allowance may be provided, which guarantees the economically weaker spouse a standard of living comparable to that enjoyed during the marriage. With divorce, instead, the divorce allowance takes on a different character: it is no longer aimed at preserving the same standard of living, but at favouring the economic independence of the less affluent spouse, especially if this person has sacrificed personal or professional opportunities for the family.<\/p>\n<\/p>\n

Asset management is another key element. At the moment of separation or divorce, the division of common assets takes place, unless the spouses opted for the separation of assets at the time of marriage. Inheritance rights also undergo a transformation: with separation, the spouse can maintain inheritance rights in the absence of attribution of fault, while with divorce all inheritance rights cease, save for particular exceptions linked to the divorce allowance.<\/p>\n<\/p>\n

As regards the children, their protection represents an absolute priority both during separation and after divorce. Both parents are required to contribute to their maintenance, ensuring their well-being and education up to economic independence. The modalities of custody and the residence of the children are decided on the basis of their best interest, taking into account age, specific needs and daily routines. Joint custody is the norm, ensuring both parents equal responsibility in the important decisions for the children.<\/p>\n

In summary, separation and divorce are two profoundly different but complementary institutions, each with specific characteristics and implications. Addressing these phases requires not only a deep understanding of legal rules but also a careful assessment of property, family and emotional aspects. The support of qualified professionals, such as lawyers specialised in family law, mediators and consultants, is essential to navigate this complex path with serenity and awareness.<\/p>\n<\/div>\n

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The Cartabia reform: what changes in the divorce process?<\/h2>\n<\/div>\n
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The Cartabia reform, which entered into force on 28 February 2023, has brought significant changes in the process of separation and divorce in Italy, with the objective of making it faster, more efficient and less conflictual. One of the main innovations consists in the possibility of submitting a joint request for separation and divorce, a novelty that aims to favour the agreement between the parties and to reduce the times and costs of procedures.<\/p>\n<\/p>\n

The simplification of the process manifests itself in several ways. Firstly, the obligatory presidential hearing is no longer required, which traditionally represented the first formal step in the proceeding. Thanks to this modification, the entire path is now entrusted to the investigating judge, who manages the case until its conclusion, eliminating duplications and speeding up the exchange of documentation between the parties. This approach considerably reduces waiting times and offers a significant advantage, especially in cases of joint applications, where the agreement between the spouses allows proceeding more smoothly.<\/p>\n<\/p>\n

Among the central points of the reform there is also the elimination of the rigid mandatory nature of the minimum term of six months (for consensual separations) or of one year (for judicial separations) to be able to request divorce. While the elapsing of the term provided for by law and the passage in res judicata of the separation judgment remain necessary, this flexibility allows couples to act more rapidly and to plan their marital future with greater autonomy. In particular, this novelty simplifies cases in which there is full consent between the parties, limiting the emotional and financial costs of a prolonged judicial path.<\/p>\n<\/p>\n

Another fundamental aspect introduced by the reform concerns the promotion of family mediation, seen as a valid instrument to address conflicts and find shared solutions, especially in cases involving minor children. Mediation not only aims to reduce the burden of conflict, but proposes to favour constructive communication and to safeguard the well-being of the children, placing their interest at the centre of decisions. The new provisions, in fact, recognise the importance of ensuring emotional stability and continuity in family relationships for minors, making this a priority of the entire judicial system.<\/p>\n<\/p>\n

Furthermore, the reform places greater attention on the bureaucratic simplification of the process of separation and divorce. The regulatory modifications are oriented to reducing the complexity of procedures and the related legal costs, making access to justice simpler and more economical for couples, also in the subsequent phases of modification of the conditions of divorce.<\/p>\n<\/p>\n

This is particularly evident in the management of joint appeals, regulated by art. 473 bis.51 of the code of civil procedure, which allows the parties to work towards agreed solutions without necessarily having to go through long judicial proceedings.<\/p>\n<\/p>\n

In conclusion, the Cartabia reform represents an important step towards a more modern, flexible and equitable family justice system. The innovations introduced, such as the possibility of submitting joint requests, the elimination of superfluous passages and the promotion of family mediation, have the objective of protecting the interests of families, reducing conflicts and ensuring a less burdensome and more serene path for the spouses and their children.<\/p>\n

These changes mark a profound transformation in the way the Italian legal system addresses the delicate themes of separation and divorce, offering more adequate instruments to respond to the needs of contemporary society.<\/p>\n<\/div>\n

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Types of divorce: consensual and judicial<\/h2>\n<\/div>\n
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In Italy there are two main modalities of divorce: consensual divorce<\/strong> and judicial<\/strong> divorce. In the first case, the spouses reach an agreement on all the fundamental aspects, such as maintenance, child custody and the division of assets, making the proceeding rapid and less costly.<\/p>\n<\/p>\n

In the case of judicial divorce<\/strong>, instead, the parties do not find an agreement and the intervention of the court is necessary. This type of divorce is often longer and more complex, since it requires a detailed examination of the contested issues, such as the family patrimony or the management of the children.<\/p>\n

The main causes of divorce include legal separation prolonged over time, the conviction of one of the spouses for serious crimes and the change of sex of one of the spouses.<\/p>\n<\/div>\n

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Divorce with children: custody, maintenance and divorce allowance<\/h2>\n<\/div>\n
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Divorce with children takes on greater complexity compared to divorce without children, since the priority is to ensure their well-being. The judge, in their decision, takes into account the interest of the minors, generally opting for joint custody, save for particular situations in which a parent is deemed unsuitable.<\/p>\n<\/p>\n

In these cases, exclusive custody may be ordered.<\/p>\n<\/p>\n

The assignment of the marital home is usually established in favour of the custodial parent, to ensure continuity and stability for the children. Furthermore, the non-cohabiting parent is obliged to pay an economic contribution proportionate to the maintenance of the children, the amount of which is established taking into account the needs of the minors and the economic capacities of the parents.<\/p>\n

As regards the divorce allowance<\/strong>, recent judgments of the Court of Cassation have redefined the criteria for its assignment. Today, this instrument no longer serves to maintain the marital standard of living, but has a rebalancing function, considering the contribution of the economically weaker spouse during the marriage, the duration of the union and the age of the applicant.<\/p>\n<\/div>\n

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What is needed to start the divorce procedure<\/h2>\n<\/div>\n
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Starting a divorce procedure<\/strong> requires the submission of a series of specific documents.<\/p>\n<\/p>\n

Among these, the marriage certificate, the separation judgment and the income tax returns of both spouses.<\/p>\n<\/p>\n

In the case of children, it is also necessary to present the parental plan, which details the school, sports and recreational commitments of the minors.<\/p>\n<\/p>\n

A divorce lawyer is fundamental to ensure that the documentation for divorce is complete and that all legal aspects are correctly addressed, avoiding delays or complications.<\/p>\n

Legal expenses and other costs<\/h3>\n

The costs of divorce depend on the chosen modality and on the recent regulatory modifications introduced by the Cartabia reform and by its corrective decree. In general, consensual divorce is less costly, since it avoids long legal disputes and reduces the expenses linked to the proceeding. On the contrary, judicial divorce can entail higher costs, due to the complexity of the process, the need for technical consultations and appraisals, and the time required to resolve the disputes.<\/p>\n

With the corrective decree of the Cartabia reform, which entered into force on 26 November 2024, greater uniformity in procedural expenses for new separation and divorce proceedings was provided. In particular, the decree introduced exemption from expenses for the opening of guardianships for unaccompanied minors, thus standardising the costs of proceedings and ensuring greater fairness and accessibility. These modifications apply to proceedings introduced after 28 February 2023 and aim to simplify and make the family judicial system more equitable.<\/p>\n

Boschetti Studio Legale is committed to ensuring transparency on costs, offering personalised solutions to respond to every specific need. Thanks to in-depth knowledge of updated regulations and to the ability to manage consensual and judicial proceedings, the firm ensures its clients maximum support to face divorce with serenity, efficiency and clarity.<\/p>\n<\/div>\n

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Times for divorce<\/h2>\n<\/div>\n
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The times for divorce depend on multiple factors, such as the chosen modality (consensual or judicial) and the complexity of the case. A consensual divorce, favoured by cooperation between the parties, can conclude in six months, especially if supported by clear agreements on economic and family issues. On the contrary, a judicial divorce can be prolonged for years, especially in the presence of disputes linked to the division of assets, maintenance allowances or child custody.<\/p>\n<\/p>\n

The Cartabia reform has introduced important modifications aimed at reducing procedural times, simplifying procedures and promoting faster solutions, such as the possibility of submitting a joint application for separation and divorce.<\/p>\n<\/p>\n

However, the success of the proceeding also depends on the willingness of the parties to cooperate. In judicial cases, times can be further influenced by the workload of the courts and by the need for technical consultations, such as property or psychological appraisals.<\/p>\n

Boschetti Studio Legale offers attentive and strategic management to optimise times and guide clients towards an efficient solution, reducing stress and ensuring respect for the rights of each party.<\/p>\n<\/div>\n

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Divorce abroad: validity in Italy<\/h2>\n<\/div>\n
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Globalisation and international mobility make recourse to divorce abroad ever more frequent. However, in order for an international divorce judgment to be valid in Italy, it is necessary to face a specific path, known as delibation.<\/p>\n<\/p>\n

This proceeding, provided for by the Italian legal system, serves to verify that the foreign judgment respects the fundamental principles of Italian law and is not contrary to public policy.<\/p>\n<\/p>\n

Delibation can take place automatically for divorces issued in countries belonging to the European Union, thanks to Regulation (CE) n. 2201\/2003, but requires more complex steps for decisions issued outside the EU.<\/p>\n<\/p>\n

In these cases, it is necessary to submit an application to the Italian court, demonstrating that the divorce has been pronounced by a competent authority and that both parties have had a fair cross-examination. Boschetti Studio Legale boasts consolidated experience in managing international divorces, supporting clients in the verification of legal requirements and in the completion of the delibation.<\/p>\n

Thanks to a personalised approach and to in-depth knowledge of international regulations, the firm ensures that the validity of the divorce is recognised both in Italy and in the foreign country, avoiding bureaucratic delays and legal complications.<\/p>\n<\/div>\n

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Conclusions: choosing Boschetti Studio Legale for tailor-made legal advice on divorces in Italy<\/h2>\n

How can we help you?<\/p>\n

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Addressing a divorce represents one of the most significant legal and emotional challenges in a person’s life. Whether it is a consensual, judicial or international divorce, the complexity of regulations and the personal implications require highly specialised legal support.<\/p>\n

Boschetti Studio Legale stands out for its experience in family law, offering clients complete and personalised assistance. The firm’s philosophy is centred on the protection of clients’ rights, with an approach that combines technical competence and human attention.<\/p>\n

Each case is analysed with care to develop targeted legal strategies, taking into account the specific needs of each client. The divorce law firm also provides support in the most complex cases, such as international divorces or judicial ones with high conflict content, ensuring effective solutions in reasonable times. By contacting Boschetti Studio Legale, clients can count on a dedicated team that accompanies them at every stage of the process, from the first informational meeting up to the conclusion of the proceeding. Relying on experienced professionals means addressing divorce with greater serenity, reducing the emotional impact and ensuring complete protection both at the legal and personal level.<\/p>\n<\/div>\n

Contact US<\/a><\/p>\n<\/div>\n

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