Divorce Paper in Italian: How to File, Costs, Alimony and Legal Requirements
Divorce in Italy is regulated by Law No. 898/1970, which introduced it, and was later amended by Law No. 74/1987.
Divorce in Italy is only permissible when the spiritual and material communion between spouses can no longer be maintained or re-established, under specific conditions strictly defined by law.
Like legal separation, divorce in Italy can be either contested (judicial) or mutual consent (uncontested). It can be initiated through a court petition or carried out via assisted negotiation with lawyers. Alternatively, in cases where there are no minor children, dependent adult children, or children with disabilities, divorce can take place before the Civil Status Officer at the municipality.
Timeframe for Filing for Divorce in Italy
A mutual consent divorce (uncontested divorce), which is based on an agreement between both spouses, requires a prior legal separation of at least 6 months. In the case of a contested divorce, the separation period must be at least 1 year. These timeframes were reduced from three years to their current duration by Law No. 55/2015. The period begins from the date of the first hearing before the court.
Under the reform of civil procedure and the introduction of a unified family law process, legal separation and divorce petitions can now be filed together and processed in a single procedure. This allows the divorce request to be reviewed and decided 6 months after the partial ruling on separation, ensuring that evidence collected during the separation process can also be used to determine the divorce conditions. In many cases, the divorce proceedings in Italycommence while the separation process is still ongoing, making it more efficient to file for separation and divorce at the same time.
Grounds for Divorce in Italy
Besides cases where reconciliation is not possible during the legal separation period, divorce in Italy can also be granted under the following circumstances:
- When a spouse is convicted of a serious criminal offense, with a final sentence issued after the marriage (even if the crime was committed before marriage).
- When the marriage has not been consummated.
- When one spouse undergoes a gender transition.
- When a foreign spouse has already obtained an annulment or dissolution of marriage abroad or has remarried, the Italian courts may issue a ruling to dissolve the marriage or, in the case of a concordat marriage, terminate its civil effects.
Divorce Settlements and Alimony in Italy
Upon divorce, the court may order one spouse to pay alimony (spousal support) to the other, based on their financial circumstances. If the spouse receiving alimony in Italy remarries, the obligation ceases. Additionally, the ex-spouse receiving maintenance may be entitled to 40% of the severance payment accrued by the other spouse during the years of marriage.
In case of the death of the paying spouse, the receiving spouse, if they have not remarried, may be entitled to survivor’s pension benefits.
Regarding child custody and support, the same provisions that apply to legal separation in Italy remain in force after divorce. Even if one or both parents remarry, the financial and parental obligations toward children from the dissolved marriage remain unchanged.
Divorce also permanently terminates inheritance rights between ex-spouses.
Annulment of Marriage in Italy
Annulment differs from divorce because it is declared due to pre-existing conditions that prevented the marriage from being legally valid. While divorce ends a legally valid marriage, annulment nullifies a marriage that was invalid from the start. Grounds for annulment include:
- Marriage involving minors under 16 years old without prior judicial authorization.
- A spouse already being legally married at the time of the wedding.
- Marriages between close relatives.
- Marriage involving an individual legally declared mentally incompetent at the time of the ceremony.
An annulled marriage has no civil effects, but children born within it still retain full legal rights.
There is also a religious annulment process, which falls under the jurisdiction of the Ecclesiastical Tribunal. For this ruling to have civil effects in Italy, it must undergo a recognition process (delibation) before the Court of Appeal.
Grounds for religious annulment include:
- Lack of genuine marital consent.
- One spouse excluding essential elements of religious marriage, such as procreation, fidelity, or indissolubility.
- Error in the identity of the spouse.
- Marriage entered into under coercion or fear.
- Permanent sexual impotence.
- Non-consummation of the marriage (which qualifies for a special papal dispensation rather than an annulment).
Divorce Mediation in Italy
Divorce mediation provides support to separating or divorcing parents to help them manage the impact of their separation on their children. The goal is to facilitate cooperative co-parenting despite the dissolution of the couple’s relationship. Mediation sessions allow parents to establish practical agreements regarding their daily interactions with children, ensuring a structured and stable arrangement.
Mediation sessions, led by a qualified mediator, may be either free or fee-based, depending on the service provider.
This process is particularly relevant for those navigating divorce in Italy, helping spouses establish agreements that comply with Italian divorce laws and streamline the process through divorce mediation.
Who will be your Legal Advisor in Italy?
Due to our experience in law firms and the foreign offices of the Italian public administration, we gained significant expertise in Consular affairs, and we are trained to solve the most complicated procedure such as:
- Marriage Nulla osta process, legalization procedure, Court hearings for the refusal of the town hall when there documents missing , legal translation, apostille procedure, emergency procedure for legalization.
- Immigration law services and consular support for non-EU citizens applying for a Schengen visa.
- Family reunification and family cohesion.
- Same-sex couples that want to celebrate a civil union in Italy when in their country the union is forbidden.
- Couples that come from countries where divorce is not allowed;
Italians living abroadregistered at A.I.R.E. that need to recover their document to start the marriage banns in the Italian Consulate. - Assistance with people that come from countries that do not release the nulla osta.
- Americanand Australiancouples who needs assistance with “atto notorio” in an Italian Court or the Italian Consulate in the USA or Australia.
- People with refugee status who have requested asylum in Italy.
For all other matters, please visit our FAQ section.
