Divorce: the end of a marriage and the beginning of a new chapter

Divorce represents the formal and definitive dissolution of the marital bond. It is a step that goes beyond de facto separation, marking a legal break that allows both former spouses to rebuild their lives on new and independent foundations. Facing this crucial phase without the support of a specialized divorce lawyer can turn an already complex path into a labyrinth of legal and financial uncertainties. The Bianucci Law Firm offers targeted legal assistance, making its consolidated experience available to guide clients through the complexities of the divorce proceedings.

The strategic role of the divorce lawyer: protecting rights, defining the future

Managing a divorce requires an approach that combines technical rigor, negotiation skills, and a deep understanding of personal dynamics.

An experienced divorce lawyer does not just file documents but builds an overall strategy.

• Agreement as the primary path: Our priority is always to explore the possibility of an uncontested divorce. Reaching an agreement drastically reduces time, costs, and emotional stress, while maintaining control over the decisions that will shape your future.
• Firmness in judicial litigation: When positions are irreconcilable, the expertise of a divorce lawyer accustomed to courtroom battles becomes essential. We approach judicial proceedings with the utmost determination, taking care of every evidential and strategic detail to assert our clients' arguments.
• Protection of minors as a priority: Even in divorce, the best interests of the children remain our guiding principle. We ensure that the conditions regarding custody and support, already established during the separation, are adequate and, if necessary, modified to reflect new needs.
• Asset management: Divorce involves the definitive division of assets. Our firm, in collaboration with accountants and notaries, has specific expertise in managing complex estates, ensuring a fair and strategic division of company shares, real estate, and investments.

Comparing procedures: uncontested divorce and contested divorce

The law provides two distinct paths to dissolve a marriage.

Uncontested divorce: the choice of cooperation

This procedure is possible when former spouses have reached a complete agreement on all terms. With the assistance of their divorce lawyer, a joint petition is drafted and filed with the Court. The procedure is extremely rapid: once the document is filed, the Court issues the divorce decree in about a month, without the parties needing to appear.

Contested divorce: the litigation route

This procedure is used when there is no agreement. One of the spouses initiates a legal lawsuit. The proceedings are longer and more complex: after an initial hearing where the judge attempts reconciliation and issues temporary orders, an investigative phase begins for evidence gathering. The duration can range from 6-8 months to 1-2 years or more, depending on the conflict and complexity of the case.

Fundamental divorce issues: analysis by your divorce lawyer

Divorce introduces specific legal concepts that are crucial to understand.

Divorce alimony: a key concept

Unlike the maintenance payments during separation, divorce alimony no longer serves to guarantee the same marital standard of living.

As established by the United Sections of the Supreme Court of Cassation, its nature is composite and serves three functions: welfare, if one spouse lacks the means to support themselves; equitable distribution, to rebalance economic positions; and compensatory, to recognize the contribution made and professional sacrifices by one spouse for the benefit of the family and the other's career.

Its calculation is one of the most technical and delicate aspects handled by your divorce lawyer.

Child custody and support

The conditions established during separation are generally confirmed but can be modified if the children's needs or the parents' financial circumstances change. Joint custody remains the rule. The obligation to contribute to child support, both ordinary and for extraordinary expenses, continues until they achieve economic independence.

The fate of the family home

The right to use the family home, assigned to the custodial parent, ceases when the children become economically self-sufficient and independent, or if they permanently leave the residence.

Assisted Negotiation: the fast track for divorce

For couples who have already reached an agreement, this tool represents the most efficient way to formalize a divorce.

The agreement is finalized entirely in law firms, with the mandatory assistance of your divorce lawyer, and acquires full legal effect in a few weeks, without going through the Court.