Family and Divorce Lawyer in Milan
We assist Italian and foreign clients with separation, divorce, child custody, maintenance and cross-border family disputes. A consensual separation or divorce in Italy is usually concluded within a few months, while contested proceedings before the Court of Milan take considerably longer.
Separation and divorce
Italian law allows consensual or contested separation, followed by divorce, as well as direct divorce in the same proceedings. Consensual routes include court ratification, assisted negotiation between lawyers and, in simple cases, a declaration before the registrar.
Children, maintenance and the family home
Custody in Italy is normally shared between both parents. The court decides the child's habitual residence, the parenting schedule, maintenance contributions and the allocation of the family home, taking the children's interest as the guiding criterion.
International and cross-border matters
Where spouses have different nationalities or live in different countries, jurisdiction and applicable law must be established first, under EU regulations and international conventions. We also act in recognition of foreign judgments and in child abduction matters.
Indicative timeframes
| Consensual separation or divorce | about 2–5 months |
|---|---|
| Assisted negotiation between lawyers | about 1–3 months |
| Contested divorce | generally over 12 months |
| Urgent orders on children or maintenance | weeks, depending on the court's calendar |
Ordinary timings before the Court of Milan; every case depends on its own circumstances.
Frequently asked questions
Can I divorce in Italy if I married abroad?
Yes, provided the Italian court has jurisdiction, usually based on habitual residence or nationality. The foreign marriage must be transcribed in the Italian civil registers.
Is shared custody the rule?
Yes. Italian law favours shared custody; sole custody is ordered only where shared custody would be contrary to the child's interest.
How is maintenance calculated?
There is no fixed table. The court weighs both parents' incomes, the time each spends with the child and the standard of living enjoyed during the marriage.
Talk to an Italian lawyer
Describe your matter in a few lines: we reply with a preliminary assessment and the documents needed to proceed.
+39 02 4398 2014 · info@studiolegalevisciano.com