DIVORCE IN ITALY
Divorce in Italy: The Complete Guide for Foreigners and Expats
Married in Italy, or married to an Italian? Living in Italy, or abroad? This guide explains how divorce works under Italian law — who can file, the procedures available, documents, costs and timelines — and how our lawyers handle the entire process remotely, in English.
THE ESSENTIALS
How Divorce Works in Italy
Italian divorce is a two-step system: before you can divorce, the law requires a period of legal separation — 6 months if the separation was consensual, 12 months if it was contested. Divorce in Italy is no-fault: no one has to prove wrongdoing, and one spouse cannot ultimately prevent the other from divorcing.
The 2023 “Cartabia” reform simplified the process considerably: separation and divorce can now be requested together in a single joint petition, hearings can be replaced by written submissions in consensual cases, and since January 2025 the out-of-court procedure (assisted negotiation) can be handled entirely remotely with digital signatures.
If you and your spouse agree on the essential terms — children, home, maintenance — the consensual route is faster and far cheaper than litigation, and in most cases it does not require you to set foot in Italy.
6 / 12
Months of separation required before divorce
48 h
For your documents to be drafted
€43
Court fee for a joint divorce petition
Who Can Get Divorced in Italy
Italian courts have jurisdiction in more cases than most people expect. The three typical scenarios:
You live in Italy
Under EU rules (Regulation 2019/1111, “Brussels II-ter”), what matters is habitual residence, not citizenship. Two foreign nationals living in Italy can divorce before an Italian court — even if they married abroad and their marriage was never registered in Italy.
You live abroad, but married in Italy or married an Italian
Italian law adds residual grounds of jurisdiction: it is generally sufficient that one spouse is an Italian citizen or that the marriage was celebrated in Italy (art. 32, Law 218/1995). This is the typical case of international couples who married in Italy and later moved abroad — we check your specific case for free.
You already divorced abroad
If your marriage appears in the Italian civil records, a foreign divorce must be recognized and recorded in Italy before you can remarry here or update your Italian documents. EU judgments are recognized automatically; non-EU decrees must meet the requirements of Italian private international law. We handle this too.
THE FOUR ROUTES
Types of Divorce Procedure in Italy
Assisted negotiation — fully remote
An out-of-court agreement negotiated through lawyers, with the same legal effect as a court decision. Since 25 January 2025 the entire procedure can be carried out remotely: video meetings and digitally signed agreements. It is the natural route for couples who agree — and for anyone living abroad.
Joint petition in court — no hearing needed
Spouses file a single joint petition; case law now allows separation and divorce to be requested together. The petition can ask the court to replace the hearing with written submissions (art. 473-bis.51 of the Italian Code of Civil Procedure), so neither spouse needs to appear in person. Filing is electronic and the court fee is €43.
Before the civil registrar — in person only
A low-cost administrative procedure at the town hall, available only to couples without minor or dependent children and without property transfers. It requires two personal appearances at least 30 days apart, so it is rarely practical for anyone living outside Italy.
Contested divorce — when there is no agreement
If the spouses cannot agree on the essential terms, the court decides. A contested divorce is possible even if the other spouse lives abroad or cannot be traced: Italian law always identifies a competent court, and documents are served under EU rules or the 1965 Hague Convention. Expect significantly longer timelines and higher costs (court fee €98, plus legal fees).
OUR SERVICE
Divorcing in Italy Without Travelling to Italy
Divorziare.it is an Italian legal-tech firm (Legalium S.r.l. STA, Rome) specialised in consensual separation and divorce, built to work at a distance. You complete a guided online questionnaire, we verify for free whether Italian courts have jurisdiction over your case, and registered Italian lawyers draft your documents within 48 working hours.
Consultations happen by video call, in English if you prefer, scheduled around your time zone. Signatures are handled digitally where the procedure allows it; when a formal power of attorney is required, it can be authenticated at the Italian consulate nearest to you. Court filings go through Italy's electronic filing system (PCT), and in consensual cases the hearing is typically replaced by written submissions — so in the standard scenario, no trip to Italy is needed.
Foreign documents are welcome: certificates issued abroad simply need an apostille (1961 Hague Convention) or legalisation, plus a sworn translation into Italian where required. We tell you exactly what is needed for your country after the questionnaire.
BUDGET AND TIMELINE
How Much Divorce in Italy Costs, and How Long It Takes
Costs
Our consensual packages start at €725 per spouse and include both separation and divorce through assisted negotiation, with transparent staged payments (you start with €150). Court-based joint petitions add a €43 court fee. Out-of-pocket extras for international clients are limited to apostilles, sworn translations or consular fees where applicable. Contested divorces are priced case by case — litigation is a different exercise.
Timeline
Documents are drafted within 48 working hours of your questionnaire. A consensual procedure typically completes within a few months, depending on the court or the negotiation calendar. Remember the structural rule: divorce follows separation by 6 months (consensual) or 12 months (contested) — though separation and divorce can now be bundled in a single petition, and a foreign applicable law may allow direct divorce in some international cases.
ACROSS BORDERS
Will Your Divorce Be Valid Across Borders?
An Italian divorce, abroad
Within the EU, Italian divorce decisions are recognized automatically in every member state (Regulation 2019/1111). Outside the EU, recognition follows local rules: in many countries it is a simple administrative step, in others a court procedure. We point you in the right direction for your country.
A foreign divorce, in Italy
If you divorced abroad and your marriage appears in Italian records, the foreign decree must be recorded by the Italian civil registrar — automatically recognized if from the EU, or after meeting the requirements of Italian private international law if not. Our detailed guide (in Italian) is here: riconoscimento del divorzio estero.
Frequently Asked Questions About Divorce in Italy
The questions we hear most often from international clients.
READY WHEN YOU ARE
Start Your Italian Divorce, From Anywhere
Tell us about your situation: we will check for free whether Italian courts have jurisdiction, which procedure fits your case and what documents you need — in English, with no obligation.
Free eligibility check · English-speaking support · Registered Italian lawyers