Divorce: how it works and what it involves after the Cartabia reform

With separation the spouses remain married; with divorce the marriage ends and you acquire the freedom to marry again. This guide explains when it can be requested, which routes exist, how a contested divorce proceeds and what changes regarding allowance, children and home.

What changes with divorce

• you can remarry;
• ex-spouses are no longer heirs of each other;
• the ex-wife, as a rule, loses her husband’s surname;
• obligations towards the children remain: maintenance, custody, family home.

When it can be requested

As a rule divorce follows a separation. The following are needed:

• 6 months if the separation was consensual (even if done with the lawyers or at the Municipality);
• 12 months if the separation was contested.

The time is counted from the first hearing before the judge in the separation case or, if the separation was done outside court, from the date of the agreement. There is no need to wait for the separation judgment. If in the meantime you go back to living together as a couple, the separation is interrupted and the periods start again.

The possible routes

If you agree

1. Joint application in court. You file a single petition with the agreed terms on children, home and allowances. The judge checks that the agreements respect the law and the children’s interest, then issues the judgment. You can also have a single lawyer.
2. Assisted negotiation. Each has their own lawyer; the agreement is signed before the lawyers and then checked by the public prosecutor. It also applies if there are minor children. Learn more in separation and divorce without a judge.
3. Agreement at the Municipality, before the civil registrar. It is possible only if there are no minor children, adult children who are not self-sufficient, incapacitated or seriously disabled, and if the agreement does not transfer assets between you (see separation or divorce before the mayor).

If you do not agree: contested divorce

One of the two files a petition with the court. Divorce is obtained even if the other does not want it; what is discussed are the terms (children, home, allowance). Each spouse must be assisted by a lawyer and the proceedings are normally longer and more expensive than an agreed divorce. Often the judge first issues a judgment on the divorce alone and then continues the case on the financial issues. In general terms the process goes through:

• an introductory phase, in which the parties set out their reasons and conclusions;
• an evidence phase, in which they prove the facts with documents, witnesses, examination and, if needed, a technical expert opinion;
• a concluding phase, in which the parties recap the issues before the decision.

Documents to bring to the lawyer

• full extract of the marriage certificate;
• certificate of residence and family status certificate;
• tax returns for the last three years;
• certified copy of the separation judgment or record (with court approval, if consensual).

What the Cartabia reform changed

For cases begun from February 28, 2023 a single procedure applies for separations, divorces and cases concerning children. In practice:

• there is no longer a first hearing before the President of the Court: the case is followed from the start by a judge;
• the financial documents (including tax returns for the last three years) must already be filed with the petition and, if there are minor children, a proposed parenting plan;
• in the same petition you can request separation and divorce together: the divorce will be issued when the time limits have passed and the separation is final (see separation and divorce in the same proceedings);
• in a joint application, if everything is in order, the judge can decide even without having you attend a hearing, by filing written notes.

Allowance, children and home

• Divorce allowance. It no longer serves to guarantee the same standard of living as during the marriage. Since 2018 the Court of Cassation sitting in United Sections looks above all at how much the weaker ex-spouse contributed to the family and to the other’s assets, perhaps giving up their own career, and at their ability to support themselves. Learn more in divorce allowance: the criteria of the United Sections.
• Children. Custody is as a rule joint; the parent who spends less time with the children contributes to maintenance, including by an allowance. Read when the maintenance allowance is due and who receives the single allowance.
• Family home. If there are children, it usually stays with the parent they live with, even if it is owned by the other (see assignment of the family home).
• Pension and severance pay. Whoever receives the divorce allowance and has not remarried may be entitled, under certain conditions, to part of the ex-spouse’s end-of-service severance pay and to a share of the survivor’s pension (see survivor’s pension and share of the severance pay).

Leaving the family home

Leaving the home is not, by itself, an offence. There are, however, two risks:

• in separation, if leaving is the cause of the crisis and not its consequence, the judge may attribute fault, with loss of the right to maintenance and of inheritance rights during the separation;
• if the person who leaves stops providing for the family (for example no longer pays anything for the children), they may commit the offence of violating family support obligations.

If there is violence or abuse at home, the priority is safety: leaving is justified and you can immediately ask for the judge’s intervention. In other cases, before leaving it is advisable to ask for an opinion. See also the guide on separation with fault.

The route that usually makes sense

How Avv. Fiorentino can assist you

Frequently asked questions

When can I request divorce?

After 6 months from a consensual separation or 12 months from a contested separation; the time is counted as explained above.

Can one divorce if the other spouse does not want to?

Yes: divorce is obtained even without agreement, with a contested divorce. What is discussed are the terms (children, home, allowance), not the divorce itself.

Is the Municipality an option even with children?

No, only if there are no minor children, adult children who are not self-sufficient, incapacitated or seriously disabled, and if the agreement does not transfer assets.

Which documents are needed for a contested divorce?

Full extract of the marriage certificate, certificate of residence, family status certificate, tax returns for the last three years and a certified copy of the separation judgment or record.

After divorce do I still have rights over the ex-spouse’s estate?

No: ex-spouses are no longer heirs of each other. Under certain conditions, a share of the severance pay and the survivor’s pension remain possible for whoever receives the divorce allowance.

Sources: Normattiva (Law 898/1970 and subsequent amendments; Legislative Decree 149/2022; Decree-Law 132/2014); Court of Cassation, United Sections 2018 on the divorce allowance. Author: Avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text, it does not replace an opinion on your case.

(Read also): Legal guides from Studio Legale Fiorentino · Child custody after separation · Home and properties in separation and divorce: how to transfer ownership without mistakes

Translated from the Italian original; updated on October 18, 2026.