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Divorce law in Milan, Italy operates under a no-fault system, meaning that reasons for marital dissolution do not need to be proven or justified in court. There are two forms of divorce in Italy: divorce by consensual joint request and contested divorce, which can be more complicated and lengthy. Separation can either be judicial, decided by a judge, or mutual, agreed upon by both parties, and is usually a requirement before a divorce can be finalized.
Whilst it is technically possible to navigate through a divorce or separation process without professional advice, it can be complex, stressful and time-consuming. You may require a lawyer in situations such as dealing with complex financial matters, disputes over child custody or visitation rights, or if the divorce is contested and a mutual agreement cannot be reached. Ensuring you have a dedicated legal professional by your side can protect your interests and rights, and aid in making the process smoother.
In Italy, couples wishing to divorce must first live separately for a year if the decision is consensual, or three years if it's non-consensual. Assets acquired during the marriage are typically divided equally unless a different agreement has been reached. In concerns to child custody, Italian law prioritizes the wellbeing of the child, and often opts for joint custody unless it's in the child's best interest to do otherwise. Alimony can be awarded to the spouse who has less financial stability and the amount is determined based on several factors, including the standard of living during the marriage.
It usually hinges on the type of divorce - a consensual divorce is typically faster, averaging around 4 months after the separation period is over. In case of contested divorces, it might take several years due to disagreements which may occur.
Since Italy operates under a no-fault divorce system, infidelity does not generally influence the outcome of the divorce, including matters of asset division or alimony.
Yes, Italian law often favors joint custody, as long as it is in the best interest of the child.
Typically, shared assets are divided equally amongst the two parties unless a different agreement has been made. The division applies to any assets acquired during the marriage.
Yes. Individuals can file for divorce in Italy if they live there or if Italy was the last place they lived together. Legal advice should be obtained to review the specifics, as every case is different.
You may find more information from governmental bodies or organizations such as the Milan Family Court (Tribunale di Milano), The International Legal Counselling Office (Ordine degli Avvocati di Milano) or various online legal advice platforms and law firm websites which tailor to english speaking audience.
If you need legal assistance in divorce or separation, it is recommended to seek advice from a legal professional acquainted with family law in Milan, Italy. Prepare any relevant documentation and consider any questions or concerns you may have. Remember that careful planning and guidance can help you navigate this process successfully.
