Can I separate or divorce?
Yes, and today the procedures are simpler and faster. You can separate from your spouse and then seek divorce. Separation can be consensual (by agreement) or judicial (if there's no agreement, the judge decides). There are simplified routes: assisted negotiation by lawyers, or, where there are no minor or non-self-sufficient children, an agreement directly before the civil registrar at the town hall. Divorce can be sought after 6 months from a consensual separation or 12 months from a judicial one. With the procedural reform it's now possible, in certain cases, to file a single application for separation and divorce. Child custody, maintenance and the family home must be settled.
📋 The rules
- Consensual or judicial separation; then divorce
- Simplified routes: assisted negotiation or agreement at the town hall
- Town-hall agreement only without minor or non-self-sufficient children
- Divorce after 6 months (consensual) or 12 months (judicial)
- Children, maintenance and the family home must be settled
🔓 Exceptions
- Assisted negotiation: with a lawyer for each side
- Agreement before the mayor: can't contain property-transfer terms
- Single separation-and-divorce application: possible in the reform's cases
⚠️ Penalties & fines
Separation and divorce carry no "sanctions", but settle rights and duties: custody and child maintenance, any allowance to the economically weaker spouse, assignment of the family home. Not meeting the maintenance obligations set by the judge has serious consequences, up to the crime of violating family-assistance obligations. The agreements reached (in court, by assisted negotiation or at the town hall) are binding. To change them when conditions change, you must go back to the judge or follow the set procedure. It's wise to get assistance, especially with children or assets.
📎 Official sources
- Normattiva · Law 898/1970 (divorce) and Civil Code (separation) →
- Ministry of Justice · Separation and divorce →
- Municipalities · Separation and divorce before the civil registrar →
❓ Frequently asked
Can I divorce straight away or must I separate first?
Generally you must separate first: divorce can be sought after 6 months from a consensual separation or 12 months from a judicial one. With the procedural reform, though, it's possible in certain cases to file a single application for separation and divorce.
Can I separate without going to court?
Yes, in several ways. You can use assisted negotiation by lawyers or, if you have no minor or non-self-sufficient children, make an agreement directly before the civil registrar at the town hall. These are faster than a court case.
How long does divorce take?
After separation, divorce can be sought once 6 months have passed if the separation was consensual or 12 months if it was judicial. The actual timing then depends on the procedure chosen and any agreement between the spouses on the terms.
How is child custody decided?
As a rule, shared custody to both parents applies, who remain responsible for the children. The time spent with each, maintenance and assignment of the family home are set. In case of disagreement or special situations, the judge decides in the child's interest.
Is a spouse entitled to an allowance?
The economically weaker spouse may be entitled to an allowance, where the legal conditions exist, both at separation and divorce. The amount depends on financial conditions and the contribution made to the family. It's different from child maintenance, which is always due.
🔎 Common searches
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