When a marital relationship comes to an end, navigating through complex and delicate legal procedures requires the support of an experienced family law attorney , capable of ensuring clarity, protection of your rights, and peace of mind during one of life’s most sensitive moments.

Our law firm offers personalized legal advice for dealing with legal separation, judicial divorce, and shortened divorce, guiding clients through every step with professionalism, empathy, and transparency.

Legal Separation

Legal separation is often the first formal step toward ending a marital cohabitation. It can be either consensual (mutually agreed upon) or judicial (determined by the court). During this process, key issues are addressed such as:

  • Child custody (sole or shared)
  • Spousal support
  • Property arrangements and use of the marital home

A consensual separation saves time and emotional strain, thanks to the drafting of an agreement that is directly submitted to the judge.

Judicial Divorce

A judicial divorce can only be filed after at least six months from the actual separation (or one year if the separation was registered at the municipality).

Divorce can be:

  • Consensual : when both spouses agree on ending the marriage and have settled economic and family-related matters.
  • Contested : when no agreement exists, and the court will decide the final arrangements.

Our firm supports clients in drafting agreements and provides representation in court, always safeguarding their interests and those of minor children or adult dependents.

Shortened Divorce

Introduced by Law No. 162/2014 , the shortened divorce procedure allows couples married civilly or under a concordatary rite to obtain a divorce more quickly, provided certain conditions are met:

  • At least 6 months of actual separation
  • No disputes regarding child custody, child support, or financial agreements

This simplified procedure makes the process faster and less burdensome, ideal for couples who have already reached mutual understanding on all practical aspects.

Why choose a specialized lawyer?

Entrusting your case to a specialized divorce and separation lawyer means:

  • Saving time and money through an efficiently managed process
  • Avoiding procedural mistakes that could jeopardize your rights
  • Having a clear and constant reference point throughout the entire legal journey

The Cocozza Law Firm accompanies clients through all stages of marital dissolution, offering tailored consultations, legal assistance in judicial and extrajudicial settings, and swift, effective solutions.

Frequently Asked Questions (FAQ)

Below, you’ll find answers to some of the most common questions regarding family and child law.

A consensual separation occurs when both spouses agree on all practical aspects such as child custody, use of the family home, and financial support. This type of separation avoids lengthy disputes and allows couples to submit a mutual agreement directly to the judge.

After legal separation, divorce can be requested:

  • After 6 months if the separation was formalized in court
  • After 1 year if registered at the city hall (municipality)
    With the shortened divorce procedure, introduced in 2014, the process can take just a few weeks if there are no disputes.

The court always prioritizes the best interests of the child when determining custody. Options include:

  • Shared custody: both parents make major decisions together
  • Sole custody: the child primarily lives with one parent
  • Visitation rights: the non-custodial parent has scheduled time with the child

Yes. If there are significant changes in either parent’s circumstances (such as relocation, new relationships, or income changes), you may request a modification of existing custody or support arrangements.

LVictims of domestic violence can request:

  • Urgent protective measures (e.g., removal of the alleged abuser from the home)
  • A personalized safety plan
  • Integrated legal and psychological support

We support victims with discretion, urgency, and full confidentiality.

In Italy, adoption is generally reserved for married couples, although there are exceptions. In certain situations, a single person may adopt, especially in special or international cases.

Not necessarily. If both parties agree on all terms, a consensual separation can be arranged by submitting a joint agreement directly to the judge, avoiding a full trial.

Child support is calculated based on objective factors including:

  • The income of each parent
  • The specific needs of the child
  • The amount of time the child spends with each parent

This arrangement can be reviewed if there are significant changes in either party’s situation.

Failure to pay child support can result in legal consequences, including wage garnishment or enforcement proceedings. Courts take these obligations seriously and may impose penalties to ensure compliance.

Contact Us Today

If you wish to schedule a consultation or need detailed information about your specific situation, please don’t hesitate to contact us.

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