with the specification of the mode and time of visit
Following the presentation of the application for divorce, the President of the Court shall set the hearing of the summons, together with the appeal, shall be notified by the plaintiff to the defendant within the time specified by the President
If the other spouse has been sentenced by final judgment to life imprisonment or to a term exceeding fifteen years, or any sentence of imprisonment for incest, or for crimes against the sexual freedom, for the induction or the exploitation of the prostitution to murder of a child or attempted murder of the spouse or of a child for injuries aggravated, violation of the obligations of family care, ill-treatment, circumvention of incapable persons to the detriment of the spouse or of a child.
If the other spouse, foreign citizen, has obtained abroad the annulment or the dissolution of the marriage or contract abroad a marriage.
The divorce petition can be presented following two alternative routes: the question of divorce by mutual consent and contested divorce.
According to this mode, the demand for divorce is presented jointly by both spouses, in case they are not agree about the effects, which will produce the divorce.
In this case, it is allowed the assistance of a single lawyer.
The court will follow the practice of divorce is where the spouses had the last residence in the municipality, or where he currently resides, one of the two. Please note that for the consensual, as well as for divorce by mutual consent, is no longer possible to act without the assistance of an attorney as a result of the introduction of the “Competitiveness Decree”, issued in. In the event there is agreement on the divorce, one of the two spouses must contact a lawyer, which will proceed with the presentation of the appeal. In the appeal to the divorce, the lawyer will bring in addition to the generality of the spouses of the following data: It is sufficient to conduct a single hearing. The Law requires the spouses to appear in person in Court to be heard.
In the interview occurs that communion of spiritual and material can no longer be maintained or re-established.
In the Room of the Council, to assess that the content of the appeal is in accordance with the regulations in force, checks for the existence of one or more of the requirements referred to in art. three L, and then issues the judgment of divorce one takes place in front of the President of the Court, which has the task of attempting reconciliation between the spouses, who must both be present with their lawyer.
If the conciliation on the part of the President fails, he will proceed with the enactment of an ordinance in which are indicated the provisional measures and urgent to be applied in the interest of the two spouses, that of the children (for example: maintenance, regulation of the right of visit.), generally making their own the conditions laid down in the course of separation, but is free to dispose otherwise. In addition, the President may listen to the children even if they are below the age of twelve years, provided that they are “capable of discernment” (L. art. sexies) In the same ordinance, the President of the Court shall appoint a supervisory Judge, to oversee the cause of the separation and will set the date for the hearing of the summons and the hearing in front of the other. The divorce proceedings will then continue with the ordinary rite.
the judgment is decided in the Council chamber following the first and only hearing.
The judgment of divorce is then notified to both parties and a notice will be published also to the Officer of Civil Status for the annotation at the end of the act of marriage. It is stated that if the Court, after the judgment, deems (also thanks to the collection of evidence on the part of one of the spouses) that the conditions relating to children in conflict with the interest of the latter, may adopt provisional measures and urgent in the interests of the spouses and of the offspring. If the determination of the issues listed above would lead to a preliminary investigation is long and complex, the law of divorce provides that the Court say, that is a judgment that is not completely defines the process that goes in order to these ancillary issues, but who defines the question relating to the civil status of the spouses. In the case of a non-final judgment of divorce, the party who disagrees with the decision of the Court must have recourse, with the appeal immediate, as it is not allowed by law reserve the right to appeal. The appeal is immediate, can be founded only on “errores in procedendo” or other questions of legitimacy. Please note also that before the judgment of divorce, it is not possible to take a final decision on the maintenance.
