Family Disputes
Separations and Divorces
Facing a separation is a journey through one of the most delicate moments in life, where emotions intertwine with decisions that will shape the future. In this deeply personal phase, our role is to offer you clear guidance and human support, even before legal counsel.
Our approach is founded on a clear principle: conflict destroys value, while dialogue builds a bridge to the future. For this reason, we dedicate all our energy to exploring the path of an agreement. We guide you step by step in building consensual solutions for separation and divorce, working to find a fair and sustainable balance regarding child custody, the management of the family home, and the division of assets. A good agreement is an act of responsibility that allows everyone to look forward with greater peace of mind.
However, we are realistic. We know that sometimes, dialogue is not a viable path. When an agreement proves impossible and your rights are at risk, our mission changes. Your protection becomes our sole objective, and we represent you in court with absolute determination. In these cases, our defense becomes uncompromising to ensure that your voice is heard and your interests are firmly protected.
In every action we take, whether it is the patient search for an agreement or a determined battle in court, one compass remains non-negotiable: the well-being of the children. Their stability and their right to a peaceful relationship with both parents are the priority that guides our every strategic choice.
The dissolution of a marriage by mutual consent
Facing the end of a marriage is a sensitive time, filled with questions and uncertainty. However, when both spouses can find common ground, the law offers a simpler, faster, and less painful path: the amicable route. Choosing this path means deciding to handle the situation with maturity and mutual respect, transforming a moment of crisis into an orderly transition.
In Italy, the path to dissolving a marriage always begins with legal separation. This is not yet the divorce itself, but an intermediate step that loosens the marital bond and allows the spouses to organize their future lives independently.
To proceed amicably, it is essential that you agree on all key aspects, particularly:
(1) Child Arrangements: Who will primarily care for them and how major decisions about their lives will be made.
(2) Financial Matters: The division of assets (including the allocation of the marital home), child support, and support for the financially weaker spouse.
Once your separation is official, the law requires a short waiting period before you can file for divorce, which will permanently dissolve the marriage. This period is 6 months if you separated amicably, or 12 months if the separation was contested and decided by a judge.
Non-consensual separation or divorce
Sometimes, the differences are too deep or one party refuses to cooperate. In these cases, judicial separation (or divorce) is the only viable option for breaking the deadlock and protecting one's rights.
It is not a defeat, but rather a necessary choice that results in a judge's decision establishing rules and bringing order to the future.
In this case, a full-fledged lawsuit is initiated. Our approach in this scenario is strategic and rigorous. First, we analyze the strengths and weaknesses of our client's position. Then, we define a clear litigation strategy aimed at achieving our client's objectives. We gather all the necessary evidence to support our client's request, including conducting in-depth financial investigations to demonstrate the actual standard of living and economic capacity of our client's former partner.
Child Support
In our legal system, both parents have a fundamental obligation to provide child support.
The amount of child support is not left to the parents' discretion, but rather follows specific criteria. First, the actual needs of the children must be assessed, considering not only their basic needs, but also those related to their training and education.
The standard of living they enjoyed while living with both parents is particularly important, as it provides a benchmark for maintaining continuity in their living conditions.
The amount of time the children spend with each parent must also be considered. This reflects the social trend of increasingly widespread shared custody models where both parents play an active role in their children's daily lives.
The financial resources of both parents must also be assessed, considering not only income from work, but also their total assets and overall financial capacity.
Whether it is a consensual or judicial separation determines how child support is determined. In a consensual separation or divorce, the parties have broad autonomy in determining the amount of child support and establishing contributions for extraordinary expenses. In special cases, they may exclude periodic allowances and agree to direct maintenance instead. This large autonomy of parents in determining the amount of child support is, however, subject to the assessment of the judge, who will ascertain if the child support is adequate for the child's needs.In a judicial separation (or divorce), however, if the parties cannot reach an agreement, the judge will determine the amount of the periodic allowance and how extraordinary expenses will be distributed.
Spousal Support
Regarding spousal support, a slightly different logic is used for the determination. The allocation of the marital home significantly impacts the quantification of support because it substantially changes the economic conditions of the former spouses. The spouse awarded the home sees their housing costs reduced, while the other spouse must cover the cost of finding new housing.
Alimony is not fixed over time, but may be subject to review as circumstances change. For example, case law has clarified that cohabitation with a third party may be used to support a request for alimony revocation, but it must be proven to be stable and continuous in order to constitute a lifestyle similar to that of a married couple.
Unmarried couples
In Italy, although cohabitation more uxorio is increasingly widespread and socially recognized, it does not produce the same legal effects as marriage. The most significant difference becomes apparent in the event of a separation: neither partner is entitled to receive alimony from the other.
This substantial difference compared to married couples is based on the nature of cohabitation itself, which does not establish the marital economic solidarity that characterizes marriage. While the law expressly provides for the possibility of awarding alimony or divorce maintenance to the economically weaker spouse in cases of separation and divorce, this protection does not extend to cohabiting partners.
The rationale behind this differentiation is that the choice not to marry implies a willingness not to assume the obligation of providing mutual financial assistance beyond the end of cohabitation, as seen by the legislator. Marriage involves a shared life that generates rights and duties that survive a crisis. In contrast, although cohabitation may be characterized by similar emotional intensity and sharing, it does not automatically produce such lasting legal effects.
The situation changes completely when an unmarried couple has children. In this case, the end of cohabitation gives rise to specific maintenance obligations toward their children, not between the partners. The Italian Constitution and Civil Code guarantee that parents' obligation to support their children continues in the event of separation, divorce, or cessation of cohabitation.
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