Difference between Separation and Divorce

Separation and divorce are two legal institutions that have the purpose of ending a marriage, however they present some substantial differences .

Separation is a legal institution that allows spouses to live separately, without this leading to the end of the marital bond.

This means that the spouses are still legally married, but live in two separate homes and have independent economic and financial relationships.

The separation can be consensual, i.e. agreed upon by the spouses, cercaeconfronta or judicial, i.e. ordered by the court at the request of one of the spouses. In both cases, there must be valid reasons for the separation, such as domestic violence, betrayal or de facto separation for at least six months.

Divorce, on the other hand, is the legal institution that definitively puts an end to the marriage , eliminating any legal bond between the spouses. This means that spouses are free to remarry or have other relationships without this resulting in any type of sanction.

Divorce can also be consensual, i.e. agreed upon by the spouses, or judicial, i.e. ordered by the court at the request of one of the spouses.

In both cases, there must be valid reasons for the divorce, such as de facto separation for at least one year or judicial separation for at least three years.

In summary, the difference between separation and divorce is that separation allows the spouses to live separately, without this leading to the end of the marital bond, while divorce is the legal institution that definitively puts an end to the marriage, eliminating any legal bond between the spouses.

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What to do to request a divorce in Italy

In Italy, divorce can be requested by both spouses or by only one of them. To obtain a divorce, the marriage must have been celebrated at least three years before submitting the application and at least six months must have passed since the separation of the spouses.

To start divorce proceedings , you need to submit an application to the competent court, which depends on the place of residence of the spouses. The application can be submitted either by the spouse wishing for a divorce or by the other spouse.

The divorce application must contain the following elements:

  • the details of the spouses (name, surname, date and place of birth);
  • the place of celebration of the wedding;
  • the place of residence of the spouses;
  • the duration of the marriage;
  • the date of separation;
  • the reason why the divorce is requested (for example, due to incompatibility, de facto separation, consensual separation);
  • any requests for assignment of the marital home or custody of children.

Once the divorce petition is filed, the court schedules a hearing to be held within six months of the filing of the petition. During the hearing, spouses have the opportunity to present their requests and try to reach an agreement on issues such as the distribution of the marital home, child custody and maintenance.

If the spouses cannot reach an agreement, the court will decide on these issues .

If the spouses reach an agreement, the court can pronounce the divorce at the hearing, provided that the agreement was signed by both spouses and was reached freely and consensually. If not, the court will schedule another hearing to discuss the issues in disagreement.

If the spouses are unable to reach an agreement, the court will decide on the requests submitted by the spouses, taking into account the circumstances and needs of both. The divorce decree can be appealed within 30 days of its publication.

What to do to request a separation between spouses in Italy

Separation between spouses is a legal act that puts an end to marital cohabitation, but not to the marital union itself.

In Italy, there are two types of separation: judicial separation and consensual separation. Judicial separation is decided by the court, while consensual separation is agreed upon by the spouses and ratified by the court.

To request a separation in Italy, it is necessary to follow some specific procedures. Here’s how to do it:

  1. Evaluate the reasons for the separation: before proceeding with the request for separation, it is important to understand the reasons that led to the decision. There are various reasons that can lead to a separation, such as personal differences, infidelity or domestic violence. It is important to have a clear understanding of these reasons in order to proceed with the separation in an informed manner.
  2. Choosing the type of separation: as already mentioned, there are two types of separation in Italy: judicial separation and consensual separation. Judicial separation is decided by the court and can be requested by one of the spouses or both. Consensual separation, on the other hand, is agreed upon by the spouses and then ratified by the court. It is important to choose the type of separation that best suits your needs.
  3. Finding a lawyer: To request a separation, it is advisable to contact a lawyer who specializes in family law. The lawyer can help you understand your options and make the most appropriate choices based on your specific circumstances.
  4. Fill in the separation application: once you have chosen the type of separation, you must complete a separation application and submit it to the competent court. In the application, sdmsdigitalmarketing it is important to specify the reasons for the separation and the conditions you would like to obtain, such as custody of the children or the division of common assets.
  5. Wait for the sentence: once the separation request has been submitted, it will be necessary to wait for the court’s sentence. In the event of a judicial separation, the court will evaluate the evidence presented and issue a ruling that will establish the conditions of the separation.

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