Family Lawyer Rome Milan | Divorce Law and legal separation in Italy
The moment you choose consensual separation will erase any preliminary inquiry or under the charge of failure of the conjugal union. Both spouses will have to find agreement on all matters concerning the custody and the attendance of the children, the allocation of the marital home and the determination of maintenance. The time needed to acquire a consensual separation (i.e. the time that passes between the filing of the application and validation of the Court) is approximately 3-7 months, unlike a period much longer to achieve a separation of judicial type. In addition, in the case of judicial separation time can then be extended by a hypothetical appeal or appeal in cassation.
After three years from the date of submission of the spouses before the President of the Court is feasible to begin the practice to acquire a divorce. Even in this case the choice of divorce joint, narrows abundantly procedure time. The separation of such proceedings may be required, when shall ensure, independently of the will of one or both of the spouses, facts making it unacceptable continuation of cohabitation or make serious detriment to the education of children. A discrepancy of separation by mutual consent, the litigation involves the establishment of real legal dispute.
The judge, announcing the separation, where they invoke the circumstances and only if it is claimed by either spouse or both, which of the spouses is chargeable separation, in observation of the attitude opposed to the duties arising from the marriage . Characteristic of judicial separation, then, is the possibility of the separation of the charge to one of the spouses. Happen that one spouse may ask the Court to clearly show the other spouse as the sole responsible for the failure of marriage. Different are the attitudes and facts that can lead to the recognition of a separation.
Besides the obvious hypothesis attitudes contrary to the marital obligations, such as domestic violence, commission of crimes by one spouse against the other, there are other attitudes that although finding no express reference in media legislation, are evaluated by the courts for charge of separation between the current recall the psychological oppression, refusal to exercise the sexual act, extreme jealousy, the behavior of the more affluent spouse that is lacking other means of support, etc..
As stated by the Law of the Supreme Court, the new doctrine of the separation of the spouses, introduced with the reform of family law by the Law of 19 May 1975 no. 151, has expanded the area of investigation for the detection of the blame for the breakdown of marital consortium, with reference to the entire area of the obligations arising from the marriage.