Consensual and Judicial Divorce
Divorce represents an important and often delicate phase in the lives of spouses. The Bianucci Law Firm offers comprehensive assistance for divorce, both in its consensual and judicial forms, ensuring personalized solutions and effective management of every legal aspect.
Italian law provides for two modes of divorce: consensual divorce, applicable when spouses reach an agreement, and judicial divorce, necessary when positions cannot be reconciled. Both approaches aim to clearly and definitively define the relationships between the parties.
The choice between consensual and judicial divorce depends on the spouses' ability to find an agreement on asset matters, child custody, and other relevant aspects.
Consensual Divorce
Consensual divorce materializes when both spouses reach an agreement on all fundamental issues, including:
- Custody and maintenance of children;
- Division of common assets;
- Distribution of any debts;
- Management of post-divorce relationships.
This procedure is usually quicker and less burdensome, as the shared agreement is ratified by the court, ensuring a peaceful and collaborative divorce process.
Judicial Divorce
Judicial divorce is necessary when spouses cannot reach an agreement on crucial issues. In this context, the judge intervenes to define:
- The conditions of custody and placement of children;
- The calculation of maintenance payments;
- The division of assets and common debts;
- Other contentious aspects related to the end of the marriage.
This procedure can be longer and more complex, as it requires thorough analysis of situations and the presentation of evidence from both parties.
How We Can Help You
The Bianucci Law Firm offers you complete support at every stage of the divorce, ensuring:
- Personalized advice to identify the best solution based on your needs;
- Drafting of clear and detailed agreements in the case of consensual divorce;
- Legal representation in court for judicial divorce;
- Protection of children's rights and fair management of family assets.
Our goal is to make the divorce process as non-traumatic as possible, providing effective solutions and constant support.
Consensual divorce is based on a shared agreement between spouses, while judicial divorce occurs when an agreement cannot be reached, leaving it to the judge to decide on pending issues.
A consensual divorce can be concluded in relatively short times, generally within 2 months, if all conditions are promptly agreed upon and ratified by the court.
Yes, during the judicial procedure, spouses can reach an agreement that allows for a consensual solution, subject to the judge's ratification.
The costs of a consensual divorce are generally lower than those of a judicial divorce, thanks to the speed and simplicity of the procedure, although they may vary based on the complexity of the case.
Certainly. Our firm offers complete support for judicial divorce, representing you at all stages of the process and protecting your rights with professionalism and expertise.