What should I expect during divorce proceedings?

Once the required period of uninterrupted separation has passed, spouses may initiate divorce proceedings. The process varies significantly depending on whether the spouses agree on the terms (joint petition) or not (contested petition). Recent changes introduced by the Cartabia Reform (Legislative Decree No. 149/2022) have streamlined procedures for both types.

A. JOINT (CONSENSUAL) DIVORCE

This is the quickest and most straightforward route, available when spouses agree on all aspects of the divorce, including child custody and financial arrangements.

KEY STEPS

Filing the Joint Petition

The petition is filed at the court in the district where minor children reside, or where one spouse is domiciled.

It must be signed by both spouses and their lawyer and include the agreed terms on child custody and maintenance, as well as the financial arrangements.

When filing, income and asset documentation for the past three years must also be provided.

Hearing or Written Submissions

The court president may schedule a hearing before the judge. The Cartabia Reform allows the hearing to be replaced by written statements if both parties declare they do not wish to reconcile.

Appearance Hearing (if not replaced)

The judge confirms the spouses’ intent to divorce and verifies that reconciliation is not possible. At this stage, additional documentation or clarification may be requested.

Court Decision

The court approves the agreements, provided they are in the best interest of any children involved. If necessary, the court may request changes to the proposed arrangements.

The final judgment is sent to the civil registrar to update the marriage record.

Note: Spouses may waive spousal support if they declare financial independence.

B. CONTESTED (JUDICIAL) DIVORCE

If the spouses cannot reach an agreement, one party may file a contested petition. The court will then decide on all unresolved matters, including custody, financial support, and property division.

KEY STEPS

Initial Filings

The petition outlines all requests and includes financial documentation. At this stage, the court sets a hearing date and a deadline for the other spouse to respond.

First Hearing and Temporary Measures

The judge attempts reconciliation.If unsuccessful, temporary orders are issued to manage custody, residence, and financial support during proceedings.

Evidentiary Phase

Both parties submit briefs, documents, and evidence (witnesses, expert reports).The judge may order investigations into the spouses’ actual financial situations.

Spousal Support Decision – Two-Phase Approach

Phase 1 – An debeatur: Determines whether one spouse is entitled to support, based on financial need and inability to self-support.

Phase 2 – Quantum debeatur: If entitlement is confirmed, the court sets the amount, considering factors such as marriage duration, financial conditions, and contributions to family life.

Child-Related Decisions

The court issues final orders on custody, residence, visitation, and maintenance.

Shared custody is generally preferred, and the family home is typically assigned to the custodial parent.

Final Judgment

The court concludes the proceedings by dissolving the marriage and ruling on all related matters.