Persons interested in getting a divorce in Italy in 2026 should ask for legal advice from our local Italian divorce lawyers. This article offers information about the key steps to consider, applicable legislation, and much more.
| Quick Facts | |
|---|---|
| Divorce legislation in Italy |
– Civil Law, – Fast-Track Divorce Law, – EU regulations |
|
Types of divorce in Italy |
– by mutual consent, – judicial separation |
|
Representation for foreigners in Italy (YES/NO) |
Yes |
| Representation for both spouses (YES/NO) |
Yes |
| Child custody legal advice (YES/NO) |
Yes |
| Mutual consent formalities |
Filing a joint petition |
| Reconciliation before legal separation (YES/NO) |
Yes |
| Legal advice for distribution of mutual assets | Legal counseling is offered |
| Free case evaluation | Yes |
| Representation in the court of law | Yes |
| Timeframe for a divorce in Italy | Between 6 and 12 months |
| Annulment of marriage (YES/NO) |
Yes |
| Civil partnership dissolution available (YES/NO) | Yes |
| Possibility to contest the divorce (YES/NO) | Yes |
| Legal aid eligibility criteria |
For persons with unstable financial situation |
| Grounds for divorce in Italy |
– infidelity, – domestic abuse, – criminal conviction, – mental illness, – when the marriage is seriously affected, etc. |
|
Legal separation |
A separation order can be issued by the court if spouses no longer live together for at least 12 months. |
|
Divorce in the municipality |
Only if the divorce is consensual and there are no dependent minors. |
| Each spouse can be legally represented (YES/NO) | YES |
| What is assisted negotiation? |
A consensual divorce via assisted negotiation, where the agreement can be authenticated by the Italian lawyers. The certificate of divorce is then issued by the court. |
| What is a contentious divorce in Italy? |
The type of divorce without mutual agreement on the marital breakdown. |
| Terms of child custody in Italy |
One of the parents is obliged to pay monthly or annual alimony. Both parents must ensure proper care and education conditions for minors. |
| How are mutual assets distributed? |
Only common properties can be divided, helped by our Italian lawyer with experience. |
| Types of mutual properties that can be divided |
– real estate, – vehicles, – bonds, – retirement accounts, etc. |
| Is spousal maintenance in Italy available? | Yes, economic support is received by spouses who cannot support themselves after divorce. |
| Can civil marriage be dissolved in Italy? |
Yes, a pronouncement of annulment is issued in this case. |
| Cost of divorce in Italy (approx.) |
Between EUR 1,000 and EUR 4,000 for lawyer fees, plus court and administrative taxes. |
| Legal aid for divorce cases in Italy |
Available for a specific category of citizens who cannot afford the costs of a lawyer and who can prove their financial and social situation. |
| How can our divorce lawyers in Italy help you? |
They will: – explain your rights at the divorce, – file a petition, – represent you in a court of law. |
| Reasons to choose our Italian attorneys |
– experience in divorce cases, – professionalism, – complete legal services at affordable prices. |
Table of Contents
What are the grounds for divorce in Italy?
- adultery,
- consumption of marriage,
- lack of mental capacity,
- bigamy,
- domestic violence, etc.
What are the ways to get a divorce in Italy?
- Mutual consent,
- Judicial divorce,
- Assisted negotiation.
What is the legislation for divorce in Italy?
Updated Legislative Decree 149/2022.
Can a divorce in Italy be challenged by one of the spouses?
Yes, if one of the spouses does not agree with the divorce in Italy, he/she can contest, with the help of a lawyer. You can rely on the legal advice offered by our divorce lawyer in Italy if you encounter this problem.
What are the stages of a divorce in Italy?
- separation stage – spouses must be legally separated,
- mandatory separation period – 6 months for mutual separation or 12 months for court separation,
- divorce proceeding,
- resolution.
You can explore this infographic with details on this topic:
What does legal separation in Italy entail?
Legal separation in Italy, according to Italian Divorce Law, involves couples who sign an agreement in this direction and who are going to divorce after a year. During this time, spouses can think about reconciliation and the chances of reconciliation, if they exist.
How is the Italian divorce procedure without children involved?
Quite fast because there is no need to fill out extra paperwork, establish custody terms, etc.
What are the aspects to consider in a divorce in Italy?
- custody of minor children,
- visiting hours,
- alimony,
- mutual asset distribution.
Do you assist/negotiate in common asset distribution?
Yes, each spouse can be represented by our divorce attorneys in Italy.
How are mutual assets distributed in a divorce case in Italy?
- joint property/assets must be divided equally,
- personal gifts or inheritance remain personal for each spouse,
- exclusive ownership is possible if one or both spouses sign a notarial document/notary deed to maintain separate finances.
NOTE! The marital residence is left to the spouse taking care of the minor children. Even so, each spouse has the right of 50% of the property value if the division is done.
Is marriage annulment possible in Italy?
Yes.
What is the single petition divorce in Italy?
A procedure introduced by the Cartabia Reform that allows Italians to file for separation and divorce in a single document. This is also possible even in contested separation cases.
You can also watch the following video presentation we have prepared for you:
Who pays alimony for minor children in the event of a divorce in Italy?
- in Italy, both parents are legally obligated to support their minor children after a divorce.
- normally, the non-cohabiting parent pays a monthly contribution to the parent raising the children in the marital residence.
What does the legislation in Italy say about children & custody after a divorce?
Education expenses, healthcare, and everyday expenses must be covered by both spouses, even after a divorce. However, one of the spouses will pay a certain amount every month – alimony.
Can the wife keep the family name of the ex-husband after a divorce in Italy?
There are no restrictions on keeping the name after divorce, but women have the option to return to their maiden name if they wish. But in order to keep the name of the ex-husband, his approval is needed.
Can Italian citizenship be lost after a divorce between an Italian and a foreign citizen?
No, citizenship is not lost in such cases, according to Italian laws regarding the divorce of a couple formed by an Italian citizen and one of another nationality.
Would you like to get a divorce in Italy in 2026 and need legal advice & representation? Feel free to contact our divorce lawyers in Italy and discuss further details.