Joint Divorce: Everything You Need To Know
Joint divorce has many advantages over judicial divorce. It’s faster, cheaper, and a lot easier. It can also be less painful for everyone, especially in the presence of young children.
Joint divorce
Divorce is a judicial procedure that allows for the dissolution of marriage. It is not always necessary to attend a hearing or appear before a judge.
Law 132 of 11/10/2014 has in fact introduced assisted negotiation in Italy , i.e. it is sufficient for the couple to go to their respective lawyers. In this case it will not be necessary to initiate any procedure before a court, even in the presence of minor or adult children who are not economically self-sufficient.
Joint Divorce Requirements
According to the law, to obtain a joint divorce it is necessary to satisfy at least one requirement : that the spouses have been legally separated for at least 6 months (in the case of mutual separation) or for at least 12 months (in the case of judicial separation). On the other hand, one can proceed only in the presence of an agreement between the parties. Otherwise we will speak of judicial divorce.
Documents
In addition to the documents and the latest tax returns, the joint divorce application must include the elements and conditions relating to the following aspects:
- Fostering and visiting children.
- Family home destination.
- Maintenance allowance for the former spouse and children.
- Possible severance indemnity.
- Possible management or liquidation of common assets.
For this purpose, the assistance of a lawyer is necessary to guide and protect the interests of spouses and minors. Once the appeal is drafted and signed, the application will be submitted to the court. Also in this case, the parties will be heard, which is essential to verify the impossibility of conciliation.
After verifying that the requirements established by law are met, the judge will finally issue the sentence approving the agreement between the parties.
If there are minor children, the court will have to assess that the conditions established by the spouses are not contrary to the interests of the children.
Can the agreement be rejected?
Although the spouses have freely reached an agreement, the judge can reject the request, but only in the event that the agreement violates the law, damages the interests of the minors and / or one of the spouses or the existence of a of the causes of dissolution of the marriage.
As you can see, obtaining a joint divorce means reaching an agreement between the two parties, which must comply with the law, respect the interests of the parties involved, especially in the presence of minor children.
It is therefore important to count on the support of a lawyer who can guide and advise for the duration of the procedure. Finally, remember that this type of divorce is much more advantageous as it is faster (you will avoid appearing several times in court), less expensive and, ultimately, less devastating.
