Yes, in most cases you can get married in Italy if you are divorced in the U.S. The 300-day rule under Article 89 of the Italian Civil Code only affects women: if the divorce is recent, she may need to wait 300 days before remarrying.
But there are two ways around the wait. The bride to be can ask the Italian court to authorize the marriage earlier, proving there is no pregnancy. Or, if the divorce was based on a previous legal separation, Article 89 itself excludes the 300-day period entirely — no waiting, no authorization needed.
How Italian Municipalities Verify a U.S. Divorce
Most of the time the Italian municipality does not verify that your previous marriage has legally ended, because the nulla osta is an official document issued by the authorities of your home country certifying that you are free to marry.
Italian Municipalities in Italy generally do not require further confirmation of your status beyond that.
The same applies to the certificate of legal capacity to marry issued under the Munich Convention.
Countries that are part of this convention issue a certificate that replaces the nulla osta, and for most municipalities this document provides enough certainty that no additional documents are required.
Sometimes the Italian Municipality may request the divorce decree or, where applicable, a death certificate.
For example when the applicant is a U.S. citizen.
This is because the U.S. citizen signs a sworn statement (dichiarazione giurata), swearing under their own responsibility to their marital status, and the U.S. authorities have no equivalent way of certifying that declaration themselves.
For this reason, some municipalities with more experience in international marriages may request proof of status in addition to the sworn statement (dichiarazione giurata).
But there is one situation that deserves particular attention.
If the divorced person is a woman, and the U.S. divorce is recent, Italian law requires a further check before the wedding date can be safely confirmed.
The 300-Day Rule for Women Divorced in the U.S.
This is because Article 89 of the Italian Civil Code provides a temporary prohibition of marriage for women within 300 days from the dissolution, annulment, or termination of the civil effects of a previous marriage.
However, this rule is often explained too quickly.
The real question is not simply “Have 300 days passed since the divorce?” The real question is “Does the 300-day impediment apply to this specific case?”
That distinction matters.
In some cases, the impediment applies and Italian court authorization may be needed.
In other cases, especially when the divorce was based on a previous legal separation, the better argument may be that the impediment does not apply in the first place.
We are talking about the exclusion from the 300-day prohibition provided by Article 89 of the Italian Civil Code, through its reference to Article 3, no. 2, letters b) and f), of Law no. 898 of 1 December 1970, and also to cases where the previous marriage was declared null due to the impotence of one of the spouses, including impotence only to procreate.
For this article, the most relevant reference is Article 3, no. 2, letter b), Law no. 898/1970.
This provision concerns divorce based on a previous legal separation between the spouses.
If you can prove that you separated form your ex partner the correct legal argument may not be that the woman needs a court authorization to marry before 300 days.
The better argument is that you’re separated!
If the case falls within the exclusion provided by Article 89, the legal position is different: there is no impediment to remove.
Of course, this reasoning must be handled carefully.
A separation under Italian law is not automatically the same legal institution as a separation under the law of a U.S. state.
For this reason, the U.S. divorce decree and the records of the U.S. proceeding must be reviewed carefully.
The point is to understand whether the separation shown in the U.S. documents can be presented as legally relevant for Italian marriage purposes.
This issue may need to be addressed before the Italian Court, when court authorization is required, or directly before the Civil Registrar of the municipality where the couple intends to marry.
In our experience, this is the proper way to approach these cases.
The municipality should not simply receive a U.S. divorce decree as a document.
It should be placed in a position to understand why that decree matters under Italian law.
This kind of legal reasoning works best with municipalities that are able to apply and interpret the law correctly, rather than merely checking documents mechanically.
That is why the role of legal assistance is not just to collect papers.
The real work is to qualify the case correctly and present it to the Italian authority in a way that allows Article 89 to be applied properly.
When the U.S. divorce/separation documents support this argument, the previous separation may be the reason why the 300-day rule should not apply in the first place.
Why is the woman relevant for the 300-day rule?
The reason the rule concerns women is not moral.
It is technical. Article 89 of the Italian Civil Code is based on an old legal concern: avoiding uncertainty about pregnancy and legal paternity after the end of a previous marriage.
In simple terms, Italian law wants to avoid a situation where a woman remarries immediately after the end of a previous marriage and then gives birth to a child, creating uncertainty as to whether the child should be legally connected to the former husband or to the new husband.
The rule also protects the former husband from being legally treated as the father of a child who may not be his.
This is the rationale of the 300-day rule.
It is not a general waiting period for every divorced person, and it is not a rule that applies to men.
It concerns women, pregnancy, and the legal presumption of paternity after the end of a previous marriage.
So, when fewer than 300 days have passed since the end of the previous marriage, the Italian municipality may need to consider Article 89 carefully including the exceptions such as the occurred and proved separation.
What if the Previous U.S. Marriage Was Same-Sex?
A different issue arises when the previous U.S. marriage was a same-sex marriage, civil union, registered partnership, or another equivalent legal bond.
In that case, the question is usually not the 300-day rule.
The main question is whether the previous bond has been validly dissolved and whether the person is now free to marry.
This distinction matters because Article 89 is built around the risk of pregnancy and uncertainty of paternity after the end of a previous marriage.
This rationale does not apply in the same way to a previous same-sex union.So in this scenario, the correct question is usually not “Have 300 days passed?” but “Can the previous legal bond be relevant for the 300 days waiting period according to Article 89? ”
However, in this specific case, the dissolution of the previous same-sex marriage, civil union, registered partnership, or equivalent bond still need to be proved.
What Documents Should Be Reviewed?
Before confirming a civil wedding date in Italy, a divorced U.S. citizen should normally have the divorce documents reviewed, especially when the previous divorce is recent. The documents to review may include:
- The final divorce decree
- Proof that the divorce is final, where required
- Apostille if the divorce or separation occurred in the U.S. or in another country who is party of The Hague Convention.
- Italian translation through the Italian consulate abroad or through the Court in Italy.
- Any reference to a date of separation
- Any reference to non-cohabitation
- Any reference to the legal basis of the divorce
- Any document proving the dissolution of a previous same-sex marriage, civil union, registered partnership, or equivalent legal bond
The exact documents depend on the U.S. state where the divorce or separation occurred, the nationality of the parties, and the practice of the Italian municipality where the marriage will take place.
Why This Should Be Checked Before Starting the Italian Marriage Procedure
When one of the spouses is divorced, the legal timing should be checked before the wedding date is treated as safe.
This is especially true for U.S. citizens, because American divorce decrees are not all drafted the same way.
Some clearly show finality.
Some refer to a previous separation.
Some mention a date of separation without clearly explaining its legal effect.
Some require additional documents to show the divorce is final or whether the separation tool concretely place.
Different Italian municipalities may also approach these cases with different levels of caution.
A recent U.S. divorce can affect the entire timeline.
It may require additional legal review, communication with the municipality, court authorization, or a legal explanation showing that the 300-day impediment does not apply.
This is why the divorce decree should be reviewed before assuming the Italian marriage procedure will be straightforward.
So, Can You Get Married in Italy If You’re Divorced in the U.S.?
Our answer is: “Yes, you can marry in Italy if you are divorced but we have to asses your case and see weather the divorce was issued.
If the 300 days from the divorce decree hasn’t expired yet we have to verify whether the separation has concretely occurred and weather it can be proved.
These aspect can change the entire strategy.
For this reason, a recent U.S. divorce should be reviewed before starting the marriage procedure in Italy, especially when the bride was previously married.
About the Author
Alessandro Pirrò is a former Legal Counsel to the Italian Government, specializing in international civil marriages in Italy and consular affairs. He assists foreign couples throughout the entire legal marriage process, including procedures before Italian municipalities, consulates, courts, and prefectures, as well as the international recognition of Italian civil marriages abroad and matters relating to matrimonial property regimes.
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