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When dealing with divorce in Italy, it is essential to understand that Italian family law follows a specific procedure that is different from many other countries.
One of the most distinctive features is that before a couple can obtain a divorce, they must first go through a period of legal separation.
This is a necessary step, and an experienced lawyer is crucial in guiding clients through the entire process.
If you are a foreigner residing in Italy, read this article to learn how to divorce in Italy and contact the Barsotti Law Firm immediately to have lawyers who speak fluent English and Spanish at your side.
Separation Consensual or Judicial Before Divorce
In Italy, the law requires that spouses must first be legally separated before they can file for divorce.
When spouses have minor or dependent adult children, the separation is granted through a written deed from the lawyer, and also signed by the spouses, which must be submitted to the court or, in the case of assisted negotiation, directly to the municipality.
During this phase, a lawyer helps regulate key issues such as child custody, spousal support, and the use of the family home.
Separation can be consensual (when both parties agree) or judicial (when the court must decide because the spouses cannot agree).
Only after a minimum period of separation – currently six months for consensual separation and twelve months for judicial separation, which begin to run from the hearing – can the parties file for divorce.
The Role of the Lawyer in Divorce Proceedings
The assistance of a lawyer is fundamental in all stages of separation and divorce.
The lawyer will draft the necessary petitions, represent the client before the court, and negotiate agreements regarding financial matters and parental responsibilities.
In consensual cases, the lawyer often facilitates agreements that can be approved by the court more quickly, while in contentious cases the lawyer will litigate to protect the client’s rights.
You can contact lawyer Nicola Barsotti in Lucca if you are a foreigner and wish to separate or divorce.
Lawyer Nicola Barsotti in Lucca can assist you throughout Italy in separations and divorces between foreign citizens or foreigners and Italians residing in Italy.
By entrusting your separation and divorce case to the Barsotti Law Firm, with over 20 years of experience, you'll have access to professionals who are fluent in English and Spanish and will be able to provide you with the best possible service.
Spousal Maintenance (Alimony)
Italian law provides for economic support to the weaker spouse after separation and divorce.
The court, assisted by the arguments of each party’s lawyer, will evaluate factors such as the duration of the marriage, the standard of living during the marriage, and the financial independence of each spouse.
If one spouse is not economically self-sufficient and the other has the ability to pay, the court may grant monthly maintenance.
Alimony in the event of separation should allow the weaker spouse to maintain the same lifestyle enjoyed during the marriage.
Allowance for divorce, on the other hand, serves to allow the weaker spouse, who has sacrificed their career for their family, to live with dignity, provided they are unable to do so independently.
Child Support and Custody
A crucial aspect of separation and divorce in Italy is the protection of children.
The law ensures that minor children – and adult children who are not yet economically independent – receive adequate financial support.
Each parent is required to contribute proportionally to their income.
The lawyer representing the parents will help determine a fair contribution.
Regarding custody, Italian law strongly favors shared custody (“affidamento condiviso”), meaning both parents maintain a relationship with the children and share responsibility for important decisions.
Only in exceptional cases is sole custody of minor children granted to one parent (“affidamento esclusivo” e “affidamento super esclusivo”), that is, when the other parent is incapable of advocating for their best interests in terms of health, education, social life, etc.
The court, with guidance from the lawyer, prioritizes the best interests of the children in every decision..
Assignment of the Family Home
The family home is often one of the most sensitive issues in separation and divorce.
According to Italian law, the house is usually assigned to the parent with whom the children primarily reside, regardless of ownership.
The spouse who is assigned the house has the right to live there until the children are adults and financially independent.
A lawyer can explain that this rule is aimed at protecting the stability and well-being of the children, even if it means that the owner spouse cannot immediately regain possession.
Divorce Between Foreign Nationals in Italy
This article was written primarily for foreign citizens living in Italy who wish to separate or divorce from another foreign or Italian citizen.
Italian law applies to all couples residing in Italy, regardless of nationality.
For example, if an American citizen and a European citizen live in Lucca, the Italian rules on separation and divorce will govern their case.
The same applies if both spouses are foreigners, such as two American citizens living in Lucca.
In all cases, the assistance of an Italian lawyer is indispensable, since the procedure and legal concepts may differ significantly from those in the spouses’ home countries.
The Barsotti Law Firm can defend you in Separation and Divorce
Attorney Nicola Barsotti, based in Lucca, opened his offices in Lucca, Rome, and Turin in 2004.
He has been handling separations and divorces between foreign and Italian citizens for over 20 years.
Attorney Barsotti's work in separations and divorces consists of the following steps:
1. Attempting to reunite the spouses to discuss the case and reach an agreement;
2. Preparing the documents for a judicial separation in the event of a failed agreement, considering the best conditions for his client and their children;
3. Attorney Barsotti's participation in the separation or divorce hearing in court
The path to divorce in Italy involves several stages and legal complexities, from mandatory separation to the regulation of financial support, custody, and property division.
Whether the spouses are Italian or foreign citizens residing in Italy, the law is clear: the assistance of a qualified lawyer is fundamental to protecting one’s rights and achieving a fair outcome.
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