When Agreement Isn't Possible: The Path of Judicial Divorce

Facing the end of a marriage is always a complex step, but when dialogue between spouses breaks down and common ground cannot be found on the terms of definitive separation, the path inevitably becomes more arduous. Judicial divorce represents the necessary legal tool when consent is lacking on crucial aspects such as child custody, the assignment of the family home, or the quantification of maintenance payments. Understanding the dynamics of this procedure is the first step in protecting one's rights in a moment of intense emotional and economic vulnerability. As an experienced family law attorney in Milan, Avv. Marco Bianucci assists his clients daily in navigating the complexities of the Court, transforming the uncertainty of conflict into a clear and structured defense strategy.

Phases of the Procedure at the Court of Milan

The judicial divorce procedure is marked by precise procedural phases, governed by the Code of Civil Procedure and the practices of the Court of Milan. Everything begins with the filing of the petition, followed by the scheduling of the presidential hearing. This is a fundamental moment: the spouses appear before the President of the Court (or a delegated judge) who, if the conciliation attempt fails, adopts the so-called temporary and urgent measures. These provisional decisions regulate the family's life for the entire duration of the lawsuit, establishing who will remain in the marital home, how time with the children will be managed, and the potential amount of the maintenance allowance. It is clear how preparation for this first hearing is crucial for the future arrangement of the spouses' lives.

From Investigation to Final Judgment

Following the presidential hearing, the actual investigative phase opens before the Investigating Judge. In this stage, the parties, through their lawyers, file briefs, request evidence, question witnesses, and produce tax and financial documentation. This is the phase where the conflict intensifies and where technical expertise makes the difference. If necessary, the judge may order expert technical consultations (CTU) to assess parental capacity or to estimate real estate and business assets. The process concludes with the divorce decree, which definitively dissolves the marital bond and regulates the economic and personal relationships between the parties. It should be noted that, even during the proceedings, it is always possible to transform the procedure from judicial to consensual if a late agreement is reached.

The Bianucci Law Firm's Approach to Litigation

The approach of Avv. Marco Bianucci, an experienced family law attorney in Milan, is based on the understanding that a judicial divorce is not just a legal battle, but a comprehensive restructuring of the client's life. The firm's strategy does not aim to fuel conflict for its own sake, which often leads only to a waste of resources and time, but to firmly protect the client's substantial interests. The preliminary analysis is rigorous: every request made in court is examined in light of the most recent jurisprudence of the Milanese forum to ensure its sustainability.

In handling high-conflict cases, the Bianucci Law Firm places absolute priority on the protection of minors, working to ensure that the conflict between adults does not prejudice the psychological well-being of the children. At the same time, on the financial front, the experience gained allows for the identification and countering of any attempts to conceal income or remove assets from the marital property, ensuring that the determination of the divorce allowance is based on real and transparent economic grounds. Constant presence and clear communication are the pillars upon which the relationship of trust is built, allowing the client to face the legal process with the certainty of having a professional who masters the subject matter by their side.

Frequently Asked Questions

How long does a judicial divorce case take in Milan?

The duration of a judicial divorce is variable and depends on the complexity of the issues to be addressed and the workload of the Court. While the decree dissolving the marital bond (the divorced status) can be obtained relatively quickly, even within a year, resolving ancillary issues such as child custody or complex financial matters can take several years. Avv. Marco Bianucci works to optimize procedural times, avoiding unnecessary delays.

What are the costs of a contentious divorce?

The costs of a judicial divorce are higher than those of a consensual procedure, due to the greater complexity and duration of the defense activities required. There is no fixed fee, as the honorarium depends on the difficulty of the case, the value of the financial matters dealt with, and the number of hearings necessary. The Bianucci Law Firm operates with maximum transparency, providing a clear estimate based on the predictable stages of the proceedings.

What happens if my spouse does not want to grant the divorce?

In our legal system, the consent of the other spouse is not required to obtain a divorce. If the legal prerequisites are met, meaning the separation has been continuous for the required period (six months or twelve months depending on the case) and the spiritual and material union cannot be re-established, the Court will still pronounce the dissolution of the marriage, even against the will of the other party.

How is the divorce allowance calculated in a judicial proceeding?

The judge determines the divorce allowance based on various parameters, including the duration of the marriage, the contribution made by each spouse to the formation of family and personal assets, the economic conditions of the parties, and the age of the applicant. It is no longer solely about maintaining the standard of living enjoyed during the marriage, but about recognizing an assistance and compensatory function. The assistance of an experienced divorce lawyer is crucial for properly documenting these aspects.

Can I request the attribution of fault for the separation in the divorce proceedings?

It is important to clarify that the request for attribution of fault (the blame for the end of the marriage) is typically made during the judicial separation phase, not in the divorce. In divorce proceedings, the causes of the breakdown of the relationship are mainly relevant for determining the divorce allowance, but the concept of attribution of fault in the strict sense belongs to the preceding separation phase.

Request an Evaluation of Your Case

Handling a judicial divorce requires technical expertise and a forward-looking strategy. If you find yourself in a situation of marital conflict and require qualified legal assistance, contact the Bianucci Law Firm. Avv. Marco Bianucci is at your disposal to analyze your specific situation and outline the best course of action to protect your rights and your future. The firm receives by appointment in Milan, at Via Alberto da Giussano, 26.