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FAMILY LAW

DNL Law Firm also deals with Family Law and represents clients from all over the world in divorce matters in Italy and Spain.

Family law situations are often complex.
In the event of a divorce in Italy, the extent of a potential financial settlement may, in many cases, depend on the country in which the divorce proceedings are filed.
Attorney
Denis Nunga Lodi is able to provide timely legal advice on Divorce matters.

For more information on our expertise in Family Law, or to book an appointment with Avv. Denis Nunga Lodi, contact Denis Nunga Lodi Law Firm today . The Law Firm will handle your family matter with the utmost competence, sensitivity and confidentiality.

If you need more information or assistance, please write to us at the email address: denisnungalodi@gmail.com

 

Divorce is the dissolution of the marital bond. In the case of a religious marriage, it is more accurately referred to as the cessation of the civil effects of marriage.

From a personal standpoint, the main consequence of the loss of spousal status is the definitive end of mutual marital obligations (Articles 51, 143, 149 of the Civil Code) and the restoration of single status for both spouses, though this is only valid under civil law: in so-called concordat marriages, the sacrament of marriage is indissoluble according to the Church. The wife is prohibited from using the husband’s surname unless authorized by the Court, following verification of a legitimate interest worthy of protection for herself or the children.

When one of the spouses retires, if the other receives a divorce allowance and has not remarried in a civil ceremony, the latter is entitled to a share of the severance pay accrued by the former—even if the allowance matures after the ruling—as long as it occurs after the filing of the initial divorce petition (Italian Constitutional Court ruling no. 23 of 1991 and Italian Supreme Court civil ruling no. 1222 of 2000).

In the event of the death of the ex-spouse, since the marital bond has definitively ceased, the divorced individual should not be entitled to any inheritance rights. However, legislation provides that if the deceased leaves no surviving spouse, the survivor’s pension may be granted to the ex-spouse, provided they had a court-recognized right to receive the divorce allowance. The financial needs of both the current and former spouse, if both exist, will be weighed by the judge.

From a purely financial perspective, divorce brings about the termination of the marital asset fund (Art. 171 of the Civil Code) and the legal community of property (Art. 191 of the Civil Code), assuming this was not already dissolved through the ruling of personal separation. It also ends the ex-spouse's participation in any family business (Art. 230 bis of the Civil Code).

A new Law on Short Divorce has been approved, which has profoundly changed the legal framework of divorce and separation, significantly reducing the time between separation and divorce and radically altering the dissolution of the legal community of property.

Our Law Firm handles the entire legal process from the personal separation of spouses to any subsequent divorce, staying constantly up to date on legal developments and innovations.

Family crises are addressed with the goal of minimizing litigation and achieving the best outcome for both familial and financial relationships. The primary goal is the well-being of minor children, especially under the new short divorce laws. The firm offers customized solutions for the following issues:

  • Mutual separation: we provide templates at agreed-upon rates for separation without a lawyer, or legal counsel at a fixed fee when a lawyer is needed.

  • Judicial separation: we handle child custody, potential loss of parental rights, domestic violence, removal from the family home, and maintenance payments from the spouse deemed responsible for the separation.

  • Mutual divorce: legal advice at minimum rates.

  • Judicial divorce: legal advice at agreed-upon rates for individual cases. We also handle requests for divorce allowances paid directly by the employer, and the option to request 40% of the severance pay in cases of remarriage or the retirement of the spouse.

Why choose Nunga Lodi Law Firm?

Nunga Lodi Law Firm has over 14 years of experience, professionalism, and expertise in family law. We have always welcomed and assisted our clients directly at the office, while also distinguishing ourselves through our innovative service that allows clients to receive legal advice online, including via video conference, directly from home.

In-person legal consultation in Milan Nunga Lodi Law Firm will:

  • Listen to and understand the client’s needs;

  • Support the client in their choices and provide constant updates;

  • Define the most suitable strategy to achieve the desired goals;

  • Provide legal advice in areas such as marriage and domestic partnerships, separations, divorces, short divorces, child custody and maintenance, assignment of the marital home, spousal support, visitation rights, inheritances, crimes against the family, threats, physical assault, injury, stalking, harassment, defamation, unlawful coercion…

Online legal consultation via video conference This service allows you to:

  • Receive legal advice directly from wherever you are;

  • Save time;

  • Obtain the same results and effectiveness even remotely.

Successfully handled cases in the following areas:

  • Separation cases;

  • Child support and custody;

  • Divorce cases.

Family law cases handled: Marriage and domestic partnerships, assignment of the marital home, spousal and child support, marital duties and obligations, modifications to separation and divorce terms, paternity recognition or denial and related compensation, inheritance, and rental law.

How can separation be obtained?

The separation of spouses is undoubtedly the most significant stage in the process that leads to the dissolution of the marital bond, serving as the necessary and obligatory step during a marital crisis. It establishes the initial post-marital regulation of couple relationships, as well as the relationships between parents and children. The law provides for two types of separation—mutual or judicial—and grants the exclusive right to initiate proceedings to the spouses themselves, as expressly stated in Article 150 of the Civil Code: "The right to request judicial separation or the approval of mutual separation belongs exclusively to the spouses."

How long must one wait to file for divorce?

As part of the reforms aimed at expediting the divorce process, Law No. 55 of 2015 introduced the so-called "short divorce." Following these legislative changes, a divorce petition to terminate the civil effects of marriage may be submitted after:

  • Twelve months of uninterrupted separation from the date of the hearing before the President of the Court (for judicial separation);

  • Six months (for mutual separation), including that achieved through assisted negotiation as governed by Law 162 of 2014.

Separation is the pivotal and delicate moment that may culminate in the dissolution of the marriage. It introduces the first regulatory framework of relationships following marital breakdown—one that can remain valid for the purposes of divorce.

It is therefore crucial to consult specialized family law attorneys such as those at Nunga Lodi Law Firm, which has over 15 years of experience in both mutual and judicial separations.

What are the procedures for separation?

Spouses may separate or divorce mutually if they reach an agreement on child custody and economic matters. Otherwise, one spouse may file a petition with the competent Court, initiating judicial proceedings.

Both judicial separation and divorce can later be transformed into mutual procedures if the parties reach an agreement before the final ruling.

Which spouse is assigned the marital home after separation?

According to current regulations, whether during separation or divorce, the right to live in the family home is primarily granted to the spouse with custody of the children or with whom the children live. The judge must consider this assignment when determining financial arrangements between the parents.

Therefore, the spouse’s right to reside in the marital home is tied to maintaining the child’s domestic environment and justified by their moral and material interest. If there are no minor children or economically dependent adult children, the marital home cannot be assigned—unless agreed otherwise by the parties.

What is meant by the attribution of blame in separation?

The law provides for the possibility of a separation ruling with attribution of blame to one of the spouses, if requested and legally justified. The judge will assess whether a spouse's conduct violated essential marital duties (fidelity, moral support, cohabitation) and whether that behavior caused the marital crisis.

Behaviors leading to blame must be the cause of the crisis. If the crisis already existed, no attribution of blame can be assigned.

The spouse blamed for the separation loses the right to maintenance (but retains the right to basic support) and succession rights, although a lifelong allowance may still be claimed from the estate.

What is judicial separation?

Judicial separation occurs when spouses cannot agree on terms (maintenance, custody, home assignment, asset division), when one spouse seeks to blame the other, or when one spouse does not want to separate. A spouse may always request judicial separation when cohabitation becomes intolerable.

At the first hearing, the Court President issues temporary and urgent measures on child custody and maintenance, housing, and possible spousal support. These measures are enforceable, though temporary, and will be replaced by the final ruling.

At any point before the ruling, the case can switch from judicial to mutual separation if the parties reach an agreement.

Maintenance

A fundamental principle of Italian law—applicable during marriage, separation, and divorce—is that both parents must support their children proportionally to their income and capabilities, including domestic labor.

The general rule is joint custody, unless one parent is clearly unfit. This applies in cases of separation, divorce, or for children born to unmarried couples. The child usually resides primarily with one parent, while the other receives visitation rights.

Nunga Lodi Law Firm assists in:

  • Calculating child support;

  • Ensuring actual payments are made;

  • Determining extraordinary expenses.

The firm manages all custody and residence matters, always prioritizing the best interest of the child.

When is spousal support granted during separation?

Spousal and child support are governed by distinct rules. Spousal support is an extension of the marital duty under Article 143 of the Civil Code and serves to maintain the standard of living from the marriage during the transitional separation phase.

Child support stems from the duty of both parents to care for their children regardless of marital status or cohabitation. It must reflect the parents’ resources and professional/domestic capacity.

What happens if the payer forms a new family? Or the recipient?

If the payer starts a new family, their obligation does not cease—even with new children. However, the support amount may be revised based on the payer's changed economic situation.

If the recipient starts a stable new relationship (cohabitation with duration, shared expenses, children), the support may be reduced or terminated due to the end of the previously proven need.

Legal advice for divorces

Divorce marks the legal end of marriage and the beginning of a new life plan, often reflecting previous separation arrangements.

Given the serious and lasting economic effects, expert legal support is essential. Attorney Denis Nunga Lodi handles all types of marriage dissolution cases—civil and religious—offering strategic legal advice tailored to each client.

FAQ: Divorce Procedures

Can separation and divorce be finalized at the Town Hall?
Yes, under Article 12 of Law 162/2014, spouses may reach agreements at the Civil Registry without lawyers—if there are no underage or dependent children and no asset transfers.

What is short divorce? What changes from classic divorce?
Law 55/2015 introduced short divorce, reducing waiting times:

  • 12 months of uninterrupted separation (judicial);

  • 6 months (mutual, including assisted negotiation).

The precondition remains: mutual separation must be court-approved or decided, or a negotiated agreement must exist.

Can a marriage be annulled if one spouse refuses to have children?
Yes. Canonical nullity can be requested based on non-consummation or refusal to have children.

Can I always divorce through the Town Hall?
No, only if the couple has no minor or dependent adult children or serious disabilities, and there are no asset transfers.

What if one spouse disagrees with the divorce?
If no agreement exists, a divorce petition must be filed in Court with legal representation. Even judicial cases can turn mutual with a later agreement.

The divorce will be granted once legal timeframes pass. Disputes may arise over financial matters or child custody.

What’s the difference between separation and divorce?
Separation ends certain marital duties (cohabitation, fidelity) but not the marriage itself. Divorce ends the marriage and related duties, inheritance rights, and pension claims. Spousal support may continue under specific conditions.

What are the legal grounds for divorce?

  1. Non-consummated marriage;

  2. Separation lasting 1 year (judicial) or 6 months (mutual);

  3. Legal change of gender;

  4. Conviction of a spouse for serious crimes, including those listed in Article 3 of Law 898/70.

How to obtain a divorce?
Either through Court petition or assisted negotiation. Legal assistance is mandatory. If no children or financial claims exist, divorce may be granted at the Town Hall.

What procedures must be followed to divorce?
If spouses agree on all terms (custody, support), they may file a joint petition or use assisted negotiation. If not, one must file independently.

How long does it take to divorce?
Mutual divorce is faster. Judicial divorce can take years depending on complexity and evidence (witnesses, expert reports). Agreement is always preferable.

Legal advice for family criminal law
Marital crises may involve crimes. Specialized legal advice is needed for offenses such as threats, assault, abuse, stalking, defamation, and coercion.

How can I know if I’ve been reported?
You can submit a request to the Public Prosecutor’s Office for a certificate under Article 335 of the Code of Criminal Procedure. This shows whether your name is in the crime report registry and your status (suspect or victim).

If entries exist, consult a lawyer.

Is physical violence required to prove domestic abuse?
No. Abuse includes systematic psychological harm (threats, humiliation, neglect). No physical injury is necessary.

My ex doesn’t pay support due to job loss—Is that a crime?
Not always. Failure to pay must result in the denial of essential needs (food, housing, schooling). There must be proven financial ability and intent to default. Only persistent, unjustified non-payment can be considered criminal.

How can separation be obtained?

The separation of spouses is undoubtedly the most significant stage in the process that leads to the dissolution of the marital bond, serving as the necessary and obligatory step during a marital crisis. It establishes the initial post-marital regulation of couple relationships, as well as the relationships between parents and children. The law provides for two types of separation—mutual or judicial—and grants the exclusive right to initiate proceedings to the spouses themselves, as expressly stated in Article 150 of the Civil Code: "The right to request judicial separation or the approval of mutual separation belongs exclusively to the spouses."

How long must one wait to file for divorce?

As part of the reforms aimed at expediting the divorce process, Law No. 55 of 2015 introduced the so-called "short divorce." Following these legislative changes, a divorce petition to terminate the civil effects of marriage may be submitted after:

  • Twelve months of uninterrupted separation from the date of the hearing before the President of the Court (for judicial separation);

  • Six months (for mutual separation), including that achieved through assisted negotiation as governed by Law 162 of 2014.

Separation is the pivotal and delicate moment that may culminate in the dissolution of the marriage. It introduces the first regulatory framework of relationships following marital breakdown—one that can remain valid for the purposes of divorce.

It is therefore crucial to consult specialized family law attorneys such as those at Nunga Lodi Law Firm, which has over 15 years of experience in both mutual and judicial separations.

What are the procedures for separation?

Spouses may separate or divorce mutually if they reach an agreement on child custody and economic matters. Otherwise, one spouse may file a petition with the competent Court, initiating judicial proceedings.

Both judicial separation and divorce can later be transformed into mutual procedures if the parties reach an agreement before the final ruling.

Which spouse is assigned the marital home after separation?

According to current regulations, whether during separation or divorce, the right to live in the family home is primarily granted to the spouse with custody of the children or with whom the children live. The judge must consider this assignment when determining financial arrangements between the parents.

Therefore, the spouse’s right to reside in the marital home is tied to maintaining the child’s domestic environment and justified by their moral and material interest. If there are no minor children or economically dependent adult children, the marital home cannot be assigned—unless agreed otherwise by the parties.

What is meant by the attribution of blame in separation?

The law provides for the possibility of a separation ruling with attribution of blame to one of the spouses, if requested and legally justified. The judge will assess whether a spouse's conduct violated essential marital duties (fidelity, moral support, cohabitation) and whether that behavior caused the marital crisis.

Behaviors leading to blame must be the cause of the crisis. If the crisis already existed, no attribution of blame can be assigned.

The spouse blamed for the separation loses the right to maintenance (but retains the right to basic support) and succession rights, although a lifelong allowance may still be claimed from the estate.

What is judicial separation?

Judicial separation occurs when spouses cannot agree on terms (maintenance, custody, home assignment, asset division), when one spouse seeks to blame the other, or when one spouse does not want to separate. A spouse may always request judicial separation when cohabitation becomes intolerable.

At the first hearing, the Court President issues temporary and urgent measures on child custody and maintenance, housing, and possible spousal support. These measures are enforceable, though temporary, and will be replaced by the final ruling.

At any point before the ruling, the case can switch from judicial to mutual separation if the parties reach an agreement.

Maintenance

A fundamental principle of Italian law—applicable during marriage, separation, and divorce—is that both parents must support their children proportionally to their income and capabilities, including domestic labor.

The general rule is joint custody, unless one parent is clearly unfit. This applies in cases of separation, divorce, or for children born to unmarried couples. The child usually resides primarily with one parent, while the other receives visitation rights.

Nunga Lodi Law Firm assists in:

  • Calculating child support;

  • Ensuring actual payments are made;

  • Determining extraordinary expenses.

The firm manages all custody and residence matters, always prioritizing the best interest of the child.

When is spousal support granted during separation?

Spousal and child support are governed by distinct rules. Spousal support is an extension of the marital duty under Article 143 of the Civil Code and serves to maintain the standard of living from the marriage during the transitional separation phase.

Child support stems from the duty of both parents to care for their children regardless of marital status or cohabitation. It must reflect the parents’ resources and professional/domestic capacity.

What happens if the payer forms a new family? Or the recipient?

If the payer starts a new family, their obligation does not cease—even with new children. However, the support amount may be revised based on the payer's changed economic situation.

If the recipient starts a stable new relationship (cohabitation with duration, shared expenses, children), the support may be reduced or terminated due to the end of the previously proven need.

Legal advice for divorces

Divorce marks the legal end of marriage and the beginning of a new life plan, often reflecting previous separation arrangements.

Given the serious and lasting economic effects, expert legal support is essential. Attorney Denis Nunga Lodi handles all types of marriage dissolution cases—civil and religious—offering strategic legal advice tailored to each client.

FAQ: Divorce Procedures

Can separation and divorce be finalized at the Town Hall?
Yes, under Article 12 of Law 162/2014, spouses may reach agreements at the Civil Registry without lawyers—if there are no underage or dependent children and no asset transfers.

What is short divorce? What changes from classic divorce?
Law 55/2015 introduced short divorce, reducing waiting times:

  • 12 months of uninterrupted separation (judicial);

  • 6 months (mutual, including assisted negotiation).

The precondition remains: mutual separation must be court-approved or decided, or a negotiated agreement must exist.

Can a marriage be annulled if one spouse refuses to have children?
Yes. Canonical nullity can be requested based on non-consummation or refusal to have children.

Can I always divorce through the Town Hall?
No, only if the couple has no minor or dependent adult children or serious disabilities, and there are no asset transfers.

What if one spouse disagrees with the divorce?
If no agreement exists, a divorce petition must be filed in Court with legal representation. Even judicial cases can turn mutual with a later agreement.

The divorce will be granted once legal timeframes pass. Disputes may arise over financial matters or child custody.

What’s the difference between separation and divorce?
Separation ends certain marital duties (cohabitation, fidelity) but not the marriage itself. Divorce ends the marriage and related duties, inheritance rights, and pension claims. Spousal support may continue under specific conditions.

What are the legal grounds for divorce?

  1. Non-consummated marriage;

  2. Separation lasting 1 year (judicial) or 6 months (mutual);

  3. Legal change of gender;

  4. Conviction of a spouse for serious crimes, including those listed in Article 3 of Law 898/70.

How to obtain a divorce?
Either through Court petition or assisted negotiation. Legal assistance is mandatory. If no children or financial claims exist, divorce may be granted at the Town Hall.

What procedures must be followed to divorce?
If spouses agree on all terms (custody, support), they may file a joint petition or use assisted negotiation. If not, one must file independently.

How long does it take to divorce?
Mutual divorce is faster. Judicial divorce can take years depending on complexity and evidence (witnesses, expert reports). Agreement is always preferable.

Legal advice for family criminal law
Marital crises may involve crimes. Specialized legal advice is needed for offenses such as threats, assault, abuse, stalking, defamation, and coercion.

How can I know if I’ve been reported?
You can submit a request to the Public Prosecutor’s Office for a certificate under Article 335 of the Code of Criminal Procedure. This shows whether your name is in the crime report registry and your status (suspect or victim).

If entries exist, consult a lawyer.

Is physical violence required to prove domestic abuse?
No. Abuse includes systematic psychological harm (threats, humiliation, neglect). No physical injury is necessary.

My ex doesn’t pay support due to job loss—Is that a crime?
Not always. Failure to pay must result in the denial of essential needs (food, housing, schooling). There must be proven financial ability and intent to default. Only persistent, unjustified non-payment can be considered criminal.

How can separation be obtained?

The separation of spouses is undoubtedly the most significant stage in the process that leads to the dissolution of the marital bond, serving as the necessary and obligatory step during a marital crisis. It establishes the initial post-marital regulation of couple relationships, as well as the relationships between parents and children. The law provides for two types of separation—mutual or judicial—and grants the exclusive right to initiate proceedings to the spouses themselves, as expressly stated in Article 150 of the Civil Code: "The right to request judicial separation or the approval of mutual separation belongs exclusively to the spouses."

How long must one wait to file for divorce?

As part of the reforms aimed at expediting the divorce process, Law No. 55 of 2015 introduced the so-called "short divorce." Following these legislative changes, a divorce petition to terminate the civil effects of marriage may be submitted after:

  • Twelve months of uninterrupted separation from the date of the hearing before the President of the Court (for judicial separation);

  • Six months (for mutual separation), including that achieved through assisted negotiation as governed by Law 162 of 2014.

Separation is the pivotal and delicate moment that may culminate in the dissolution of the marriage. It introduces the first regulatory framework of relationships following marital breakdown—one that can remain valid for the purposes of divorce.

It is therefore crucial to consult specialized family law attorneys such as those at Nunga Lodi Law Firm, which has over 15 years of experience in both mutual and judicial separations.

What are the procedures for separation?

Spouses may separate or divorce mutually if they reach an agreement on child custody and economic matters. Otherwise, one spouse may file a petition with the competent Court, initiating judicial proceedings.

Both judicial separation and divorce can later be transformed into mutual procedures if the parties reach an agreement before the final ruling.

Which spouse is assigned the marital home after separation?

According to current regulations, whether during separation or divorce, the right to live in the family home is primarily granted to the spouse with custody of the children or with whom the children live. The judge must consider this assignment when determining financial arrangements between the parents.

Therefore, the spouse’s right to reside in the marital home is tied to maintaining the child’s domestic environment and justified by their moral and material interest. If there are no minor children or economically dependent adult children, the marital home cannot be assigned—unless agreed otherwise by the parties.

What is meant by the attribution of blame in separation?

The law provides for the possibility of a separation ruling with attribution of blame to one of the spouses, if requested and legally justified. The judge will assess whether a spouse's conduct violated essential marital duties (fidelity, moral support, cohabitation) and whether that behavior caused the marital crisis.

Behaviors leading to blame must be the cause of the crisis. If the crisis already existed, no attribution of blame can be assigned.

The spouse blamed for the separation loses the right to maintenance (but retains the right to basic support) and succession rights, although a lifelong allowance may still be claimed from the estate.

What is judicial separation?

Judicial separation occurs when spouses cannot agree on terms (maintenance, custody, home assignment, asset division), when one spouse seeks to blame the other, or when one spouse does not want to separate. A spouse may always request judicial separation when cohabitation becomes intolerable.

At the first hearing, the Court President issues temporary and urgent measures on child custody and maintenance, housing, and possible spousal support. These measures are enforceable, though temporary, and will be replaced by the final ruling.

At any point before the ruling, the case can switch from judicial to mutual separation if the parties reach an agreement.

Maintenance

A fundamental principle of Italian law—applicable during marriage, separation, and divorce—is that both parents must support their children proportionally to their income and capabilities, including domestic labor.

The general rule is joint custody, unless one parent is clearly unfit. This applies in cases of separation, divorce, or for children born to unmarried couples. The child usually resides primarily with one parent, while the other receives visitation rights.

Nunga Lodi Law Firm assists in:

  • Calculating child support;

  • Ensuring actual payments are made;

  • Determining extraordinary expenses.

The firm manages all custody and residence matters, always prioritizing the best interest of the child.

When is spousal support granted during separation?

Spousal and child support are governed by distinct rules. Spousal support is an extension of the marital duty under Article 143 of the Civil Code and serves to maintain the standard of living from the marriage during the transitional separation phase.

Child support stems from the duty of both parents to care for their children regardless of marital status or cohabitation. It must reflect the parents’ resources and professional/domestic capacity.

What happens if the payer forms a new family? Or the recipient?

If the payer starts a new family, their obligation does not cease—even with new children. However, the support amount may be revised based on the payer's changed economic situation.

If the recipient starts a stable new relationship (cohabitation with duration, shared expenses, children), the support may be reduced or terminated due to the end of the previously proven need.

Legal advice for divorces

Divorce marks the legal end of marriage and the beginning of a new life plan, often reflecting previous separation arrangements.

Given the serious and lasting economic effects, expert legal support is essential. Attorney Denis Nunga Lodi handles all types of marriage dissolution cases—civil and religious—offering strategic legal advice tailored to each client.

FAQ: Divorce Procedures

Can separation and divorce be finalized at the Town Hall?
Yes, under Article 12 of Law 162/2014, spouses may reach agreements at the Civil Registry without lawyers—if there are no underage or dependent children and no asset transfers.

What is short divorce? What changes from classic divorce?
Law 55/2015 introduced short divorce, reducing waiting times:

  • 12 months of uninterrupted separation (judicial);

  • 6 months (mutual, including assisted negotiation).

The precondition remains: mutual separation must be court-approved or decided, or a negotiated agreement must exist.

Can a marriage be annulled if one spouse refuses to have children?
Yes. Canonical nullity can be requested based on non-consummation or refusal to have children.

Can I always divorce through the Town Hall?
No, only if the couple has no minor or dependent adult children or serious disabilities, and there are no asset transfers.

What if one spouse disagrees with the divorce?
If no agreement exists, a divorce petition must be filed in Court with legal representation. Even judicial cases can turn mutual with a later agreement.

The divorce will be granted once legal timeframes pass. Disputes may arise over financial matters or child custody.

What’s the difference between separation and divorce?
Separation ends certain marital duties (cohabitation, fidelity) but not the marriage itself. Divorce ends the marriage and related duties, inheritance rights, and pension claims. Spousal support may continue under specific conditions.

What are the legal grounds for divorce?

  1. Non-consummated marriage;

  2. Separation lasting 1 year (judicial) or 6 months (mutual);

  3. Legal change of gender;

  4. Conviction of a spouse for serious crimes, including those listed in Article 3 of Law 898/70.

How to obtain a divorce?
Either through Court petition or assisted negotiation. Legal assistance is mandatory. If no children or financial claims exist, divorce may be granted at the Town Hall.

What procedures must be followed to divorce?
If spouses agree on all terms (custody, support), they may file a joint petition or use assisted negotiation. If not, one must file independently.

How long does it take to divorce?
Mutual divorce is faster. Judicial divorce can take years depending on complexity and evidence (witnesses, expert reports). Agreement is always preferable.

Legal advice for family criminal law
Marital crises may involve crimes. Specialized legal advice is needed for offenses such as threats, assault, abuse, stalking, defamation, and coercion.

How can I know if I’ve been reported?
You can submit a request to the Public Prosecutor’s Office for a certificate under Article 335 of the Code of Criminal Procedure. This shows whether your name is in the crime report registry and your status (suspect or victim).

If entries exist, consult a lawyer.

Is physical violence required to prove domestic abuse?
No. Abuse includes systematic psychological harm (threats, humiliation, neglect). No physical injury is necessary.

My ex doesn’t pay support due to job loss—Is that a crime?
Not always. Failure to pay must result in the denial of essential needs (food, housing, schooling). There must be proven financial ability and intent to default. Only persistent, unjustified non-payment can be considered criminal.

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