The consequences of divorce
Once the divorce judgement has been issued this is recorded in the Civil Registry of the place where the marriage was registered and it becomes effective between the former spouses. The main effect of divorce is the dissolution of the marriage bond. Although in case of religious marriage while the termination of civil effects takes […]
Visitation rights in case of refusal of the child
After the divorce, even if only one of the former spouses is the sole custodian of the child, still the noncustodial parent is granted with visitation rights. Visitation rights consist of the right of the divorced parent to maintain meaningful relationships with their children. Usually, the days and hours and any extended periods of time […]
If the spouse refuses to leave home
The legal separation judgement, once issued, has an immediate effect, with the consequence that the former spouse must leave the house immediately. If, however, he or she refuses to leave the marital house then there are several legal instruments that can be used through the assistance of a lawyer. The first step to be taken […]
No cohabitation required for residence permit renewal
Once married to an Italian citizen, the foreign citizen has the right to obtain a residence permit for family reasons, the renewal of which can be issued even if the couple no longer cohabits. The residence permit for family reasons allows to carry out any category of work and it allows access to social services, […]
Divorce of foreign citizens in Italy
If foreign spouses residing in Italy want to divorce, the Italian Court will rule, even if the marriage was celebrated abroad. This principle was recently stated by the Court of Monza (judgement no. 3001/2018), which recalled EU Regulation no. 1259/2010. In fact, according to this European Regulation, it is up to the Court where the […]