Can you divorce directly, without separation?

No. In Italy divorce requires a prior period of legal separation (6 or 12 months). There is no direct divorce without prior separation.

How much does separation cost?

The municipality procedure is free (no minor children, no assets). Assisted negotiation costs two lawyers' fees. Court separation adds the court contribution (~€98). Judicial separation is the most expensive.

Is maintenance always mandatory?

No. It is due only if one spouse does not have adequate income. The judge or the agreement between the parties sets it based on each person's financial situation.

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Mediumfamiglia

Legal separation and divorce

In Italy you first go through legal separation, then divorce. There are three main routes: consensual separation (agreed by both parties, fast), judicial separation (the judge decides, longer), and assisted negotiation (with lawyers, no court required for simple cases). With fast-track divorce you can divorce 6 months after consensual separation or 12 months after judicial separation.

Authority

Tribunale civile competente per residenza

Time

Variabile (da 1 mese a oltre 1 anno)

Updated

Apr 2026

What you need

✓Lawyer (mandatory for separation, except the municipality procedure for couples without minor children)
✓Identity documents of both spouses
✓Marriage certificate
✓Written agreement on terms (consensual separation only)
✓Documentation on children, properties and income if relevant

Step-by-step procedure

Choose the most suitable route

If you agree on everything (children, home, maintenance): consensual separation in court or, if there are no minor children and no assets to divide, separation before the civil registry officer at the municipality (free). If you disagree: judicial separation, longer and more expensive.

Assisted negotiation (agreement between lawyers without a hearing) is valid for couples with or without children.

Consensual separation in court

The spouses, with their respective lawyers, file a joint petition at the court of residence. The judge approves the agreement at a hearing. Timelines vary: roughly 1 to 6 months.

Wait for the separation period

After the approval or separation decree, wait the statutory period: 6 months for consensual separation, 12 months for judicial separation.

Submit the divorce application

Once the period has elapsed, one or both spouses submit a divorce application (joint or unilateral petition). The court issues the judgment. Assisted negotiation also applies here to avoid the hearing.

The divorce is final with the court judgment or approved agreement. Have it transcribed in the civil registry.

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Modulistica Separazione e Divorzio, Tribunale

Ministero della Giustizia

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Frequently asked questions

Responsible authority

Authority

Tribunale civile competente per residenza

Phone

Certified email

Website

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The information in this guide is for orientation only and does not constitute legal or tax advice. Always verify on the official portal of the responsible authority.