Italy - Obtain a Divorce Certificate

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Procedure

Petitions to divorce or dissolve a marriage are filed with the court in the jurisdiction where the person filing for the divorce lives. In cases where both marital partners live outside Italy, the petitioner can file for divorce with any Republic of Italy court. To start the divorce, the couple will receive a separation decree from the court. All couples seeking a divorce must file for a separation decree. Couples are encouraged to seek the counsel of an attorney before initiating divorce proceedings.

In Italy, divorce is a two-phase process. First, the couple needs to get legally separated (passing by a first judge's decision) and then, after three years of legal separation, the couple can file for divorce (which requires a new judge's decision). Thus, each needs to wait at least four years before they can legally marry again.

This slower process has, obviously, some negative aspects, but one of the biggest positive aspects is that the Italian system is very protective of the rights of the weaker party (very often the woman), and for that reason many international divorces are decided in Italy.

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Required Documents

• Petition for divorce
• Supporting evidence
• Complete copy of the marriage certificate
• If you have a common minor children - truncated copies
• Birth certificates of minor children
• Copy of the petition along with copies of attachments; (Except for acts of civil status).

Office Locations & Contacts

Ministero della giustizia (Ministry of Justice)

Select the region to get the provinces, and then select the province to obtain a list of court offices

Uffici della provincia di ROMA

Eligibility

Divorce has been possible in Italy only since 1970. You can be divorced in Italy if your marriage took place there or if one of a couple is Italian or a resident in the country.

Fees

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Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

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Instructions

In Italy, the choice of the law about divorce is regulated by article 31 of law 218/95, which states that if the partners have different nationalities, the divorce process will be governed by the law of the place in which the couple lived the majority of the time before the divorce.

In order to obtain a Divorce Certificate, you must request them from the court office where the case was started.

If you are unable to attend in person, you may ask a representative to attend on your behalf or you may write to the court office.

You may wish to call the court office in advance to ask about any steps that are necessary in order to obtain the documents.

The divorce document you receive from the Court is an official and original proof of divorce.

Required Information

• Names of the husband and wife.
• The date of the divorce.
• The county of the divorce.
• The place of marriage.
• The number of children.

Need for the Document

The Divorce Certificate is proof that you are legally divorced. The most common reason why a Divorce Certificate is required would be to obtain a Marriage Licence.

Although Italy is a predominantly Catholic country, divorce is legal and does occur. However, the country has very specific requirements that couples must meet before a divorce is granted and recognized.

Information which might help

Just like with Italian couples, if one spouse is Italian and the couple has obtained a divorce in a foreign country, in order to have the foreign divorce recognized in Italy (and legally marry someone else), the divorce decision must be registered in the Ufficio di Stato Civile (Italian civil records office).

Other uses of the Document/Certificate

It is one of the required document when someone intends to get married again.

External Links

http://www.giustizia.it/uffici/info/indirizzi_uffgiud.htm

http://www.giustizia.it/

Others

With the exception of divorce by consent, divorce is a complicated matter in Italy and is best avoided if it can be accomplished abroad, which is possible when one of a couple isnt Italian or you were married abroad. For two non-Italians or when only one partner is Italian, foreign law may take precedence over Italian law. A couple divorcing by consent must wait three years to be divorced but couples not divorcing by consent must wait five years after fault has been proved.