In 30 seconds
To separate or divorce there are three routes: court, assisted negotiation (with lawyers, without a judge) and agreement before the mayor (only without minor or non-self-sufficient children and without property agreements). Divorce can be requested 6 months after separation if consensual, 12 months if contested. Home, children, maintenance and properties must be settled with care.
Separation and divorce are two distinct moments: separation loosens the bond, divorce dissolves the marriage. In between there are choices that weigh on everyone’s lives: the children, the home, maintenance. This guide explains the possible routes, the timing and the questions to ask before signing an agreement. For colleagues there is a technical in-depth article after the Cartabia reform.
From the Firm’s practice
The first meeting almost always serves to put things in order: a list of incomes, assets, the children’s expenses, mortgages. Often the agreement is closer than the parties think, but it gets stuck on one concrete point (the home, a joint mortgage): it is advisable to tackle it first.
Legal and case-law references
Separation and divorce: what is the difference
With separation the spouses remain married but the obligations of cohabitation and fidelity cease, and economic relations and relations with the children are regulated. With divorce the marriage ends: the status of spouse ceases, with effects on the surname, on succession and on the survivor’s pension. Divorce requires that the period of separation provided by law has elapsed.
One can be separated without divorcing for years. Anyone who wants to remarry, or wants to settle their financial position, goes through divorce.
The three routes
| Route | For whom | What is needed |
|---|---|---|
| Court (joint or contested petition) | All cases; mandatory if there is no agreement | Petition to the court; the judge decides or takes note of the agreement |
| Assisted negotiation | Spouses in agreement, even with children | One lawyer per party; clearance or authorisation from the Public Prosecutor’s Office |
| Before the mayor (art. 12 Decree-Law 132/2014) | Spouses in agreement, without minor children (or children who are incapacitated, seriously disabled or not self-sufficient) and without agreements transferring assets | Declaration before the civil registrar, with confirmation after thirty days; a lawyer is optional |
Do you have a similar situation? You can submit your documents to the Firm for an assessment, including remotely.
Request a consultationTiming for divorce
Under the divorce law, as amended by Law 55/2015, divorce can be requested six months after the spouses appear before the president of the court in a consensual separation, and twelve months if the separation was contested. In the case of assisted negotiation the calculation has its own rules: it must be made on the specific agreement.
After the reform of civil proceedings, family cases follow a unified procedure (artt. 473-bis and following of the Code of Civil Procedure) and the application for separation and that for divorce can be brought in a single petition, under the conditions laid down by law.
The children
- Custody: the rule is joint custody, with time spent with both parents.
- Maintenance: each parent contributes in proportion to income and to the child’s needs; the allowance can also be set for adult children who are not yet self-sufficient.
- Family home: the judge may assign it to the parent with whom the children live; the assignment affects the value of the property and must be kept in mind in any agreement.
- Checks: with minor children the agreement must serve their interest and is checked by the judge or the Public Prosecutor’s Office.
Maintenance allowance and divorce allowance
In separation, a maintenance allowance may be due to the spouse who lacks adequate means and to whom the separation cannot be attributed as their fault. After divorce, the divorce allowance may be due, which has an assistance, compensatory and equalising function according to the position of the Court of Cassation sitting in United Sections. The amount depends on the economic situation, the length of the marriage and the contribution given to family life. There are no automatic tables: an assessment of the case is needed.
The home and properties
Couples often have a jointly owned home, perhaps with a mortgage. The agreement may provide for sale, transfer to one of the two or assignment. When a property is transferred there are form and taxes to respect, and verbal understandings or a private agreement are not enough: we discuss this in the guide on property transfers.
When a lawyer is worthwhile
In a court petition a lawyer is necessary. In assisted negotiation a lawyer is mandatory, one per party. In the agreement before the mayor it is optional, but a prior opinion avoids errors. The consequences of a hasty signature, in particular on children and properties, are difficult to correct afterwards.
Frequently asked questions
Can I divorce without first separating?
No. The law requires that the period of separation provided has elapsed, except in the cases laid down by law.
Do I need a lawyer to separate?
Before the court and in assisted negotiation, yes. Before the mayor assistance is optional, but the agreement is possible only in limited cases.
How long does it all take?
It depends on the route chosen and the court office. For divorce the law sets a minimum time of six months after a consensual separation and twelve after a contested one.
Can the allowance be reviewed later?
Yes: the terms of separation and divorce can be modified if circumstances change, in court or, where the conditions are met, through assisted negotiation.
What happens to the home we live in?
It depends on ownership, on the presence of children and on the mortgage. It must be settled in the agreement or by the judge; the transfer requires a specific form.
Related guides
Do you have a similar issue?
Every situation must be assessed on the documents of the specific case. You can contact the Firm from anywhere in Italy, even without coming to the office: the consultation takes place remotely, with documents sent online, by phone, on WhatsApp or by video call. Offices by appointment in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Informational content updated on October 4, 2026. It does not constitute legal advice.
Official sources
Recent case law
Court of Cassation, civil, section I, order No. 25495/2025 (filed on September 17, 2025), in a case of dissolution of a civil union: the divorce allowance may be granted, after ascertaining the inadequacy of the applicant’s means, for its assistance function and for its equalising-compensatory function. When only the assistance function applies, the allowance is not measured by the standard of living but by what is necessary for the existential needs of the person entitled.
Source: Italgiure (https://www.italgiure.giustizia.it/sncass/). Update of October 4, 2026.
Main page for this subject: Separation and divorce in Naples: all the guides and how to contact the Firm →
The route that usually makes sense
The possible routes
- Court, with a joint or contested petition.
- Assisted negotiation, with one lawyer per party.
- Agreement before the mayor, only without minor or non-self-sufficient children and without property agreements.
Which one usually makes sense and why
If you agree, an out-of-court route usually makes sense: assisted negotiation also works with children, the agreement before the mayor only in limited cases. If there is no agreement, the court is mandatory. The article warns that the fastest route is not always the best: it depends on children, home and property agreements.
What to do right away
- Make a list of incomes, assets, the children’s expenses and mortgages.
- Identify the concrete point that blocks the agreement, for example the home or a joint mortgage, and tackle it first.
- Check whether the minimum times for divorce have passed: 6 months after a consensual separation, 12 after a contested one.
- Get an opinion before signing.
Every situation must be assessed on the documents of the specific case: this indication is not a promise of any outcome.
How Avv. Fiorentino can assist you
- Do not sign in a hurry: the consequences on children and properties are difficult to correct afterwards.
- Remember that the agreement between spouses does not bind the bank: whoever signed the mortgage remains liable, unless the lender consents.
- If you have to transfer a property, verbal understandings or a private agreement are not enough.
The Firm offers consultations remotely as well, with documents sent online. The quote is in writing and arrives before the engagement. Offices in Naples, Rome and Bari by appointment.
Read also
- Separation and divorce after the Cartabia reform: unified procedure, joint petition and choice of venue
- Home and properties in separation and divorce: how to transfer a property without mistakes
- Property transfers in separation and divorce agreements: form, transcription and precautions for counsel
Read also: Divorce after a consensual separation with children: timing and steps
(Read also): Legal guides from Studio Legale Fiorentino · Divorce: how it works and what it involves after the Cartabia reform · Child custody after separation
Translated from the Italian original; updated on October 18, 2026.