Contested separation and divorce in Italy

Contested separation and divorce must be filed before the competent Court anytime a married couple cannot find an agreement. 

Each spouse has the right to petition for legal separation, even in the absence of the other party's consent, on the grounds of the intolerability of cohabitation and/or the serious detriment to the upbringing of the children.

The procedure entails the following phases:

Filing the Petition

The appointed legal counsel will prepare and file the petition for separation with the competent Court. 

Scheduling of the First Hearing

The Court will set a date for the initial hearing, during which both parties are required to appear in person.

Typically, there is a waiting period of approximately three to four months between filing the petition and the scheduled hearing.

The decree setting the hearing date and the petition must be formally served on the respondent.

First Hearing

At the first hearing, the Court may issue provisional and urgent measures concerning child custody, child support, spousal support, and other personal or financial matters.

These measures are binding and must be strictly observed by both parties.

If the respondent fails to appear or does not file a formal response, the Court may declare them in default, allowing the proceedings to continue in their absence.

Subsequent Proceedings

Following the preliminary phase, the case proceeds as an ordinary civil action.

The Court examines the parties' claims and defenses and admits evidence as necessary.

Final Judgment

Upon conclusion of the proceedings, the Court issues a final judgment of legal separation.

In certain circumstances, separation may be attributed to the fault of one spouse. Should the Court find that a party has breached fundamental marital duties, such conduct may bear financial and legal consequences in the final ruling.

Duration of Proceedings

The overall duration of judicial separation proceedings depends on the Court's workload and the case's complexity, including the extent of evidentiary activity. On average, such proceedings may take no less than two to three years to reach final adjudication.

The procedure for judicial divorce closely mirrors that of legal separation, including  costs and

estimated duration of the proceedings.

Each spouse is entitled to petition for divorce based on one of the grounds provided by law.

At the first hearing, the Court addresses the personal and financial aspects of the case, including spousal support, child custody and support, allocation of the family residence, and other related issues.

During this stage, upon request of either party, the Court may issue a partial judgment declaring the dissolution of the marriage, even while the litigation on economic and parental matters continues.

It is important to note that both judicial separation and contested divorce proceedings may be converted into consensual proceedings if the parties reach a mutual agreement before the scheduled hearing or during the proceedings before the Court.