How do I file for a divorce in Italy?

Divorce in Italy marks the legal end of a civil marriage or the civil effects of a religious one. It is not automatic, meaning certain legal steps must be followed, and a court must issue a formal ruling. Below is a practical overview to help you understand the process.

REQUIREMENTS TO FILE FOR DIVORCE

1. Legal Separation

Divorce can only be pursued after a legal separation. This can be achieved through:

• A judicial separation ruling (divorce can only be requested once the ruling is final);
• A consensual separation approved by the court;
• A separation agreement reached through assisted negotiation;
• A separation agreement signed before a civil registrar.

2. Minimum Separation Period

The law requires a minimum period of separation:

• 12 months in the case of judicial separation;
• 6 months in the case of consensual separation.

This period begins from the date of the first court hearing.

3. Confirmation of Irretrievable Breakdown

The court must confirm that reconciliation is no longer possible. This is assessed based on the parties’ conduct and intentions, and a prolonged separation is often sufficient to demonstrate this.

Note: Thanks to the Cartabia Reform (Legislative Decree No. 149/2022), couples can now file for separation and divorce in a single joint application, reducing both time and legal costs.

REQUIRED DOCUMENTS

To initiate divorce proceedings, you’ll need to gather:

• Marriage certificate;
• Certificates of residence and family status for both spouses;
• Separation ruling (judgment, decree, or agreement);
• Financial documents (e.g. tax returns, property ownership, bank statements);
• Parenting plan (if minor children are involved), covering daily routines, holidays, and expenses.

COURT PROCEDURE OVERVIEW

1. Filing the Petition

The petition must include personal details of the parties and children, grounds for divorce, financial and parental requests, and supporting documents. It must be filed electronically with the competent court.

2. Jurisdiction Criteria

Jurisdiction is determined by:

• The habitual residence of minor children;
• If no children are involved, the respondent’s residence;

• If the respondent is unreachable or abroad, the petitioner’s residence.

3. Proceedings

Within 90 days of filing, the court sets a date for the first hearing and grants the respondent time to appear in court.

During the first hearing, the judge will attempt reconciliation and, if necessary, issue temporary and urgent measures.

The case then proceeds to the evidentiary phase (assessment of evidence, witnesses, financial investigations) and finally to the decision phase.

In joint divorce cases, the ruling is issued immediately (without an evidentiary phase); in contested divorce cases, the ruling is issued after the evidentiary and decision phases.

4. AFTER THE RULING

Once the divorce is granted, the final judgment is sent to the Civil Registrar of the municipality where the marriage was recorded. This formalises the dissolution of the marriage. At this point, any property transfers or financial agreements become valid titles for registration in the land registry.