Divorce Italian Style

I have just returned from a fabulous trip where I chaperoned my older boys to Italy. While we were there we naturally got to view a different way of life than what we are used to. I must say first off that Americans are by far the most friendly people. As much as I love the Italians, they were not as friendly as my fellow New Yorkers. Italians are also quite emotional toward one another and it is my understanding that they are forgiving of each other's emotional outbursts and are no where near as horrified as I was in witnessing these exchanges. Walking through the airport I encountered two Italians cursing one another out loudly for what seemed to be no reason at all. Wherein in the states, security would have been called to assist airline clerks begin screamed at and abused by passengers whose flight was delayed, in Italy the clerks just seemed to scream back.

As I usually do when entering a different jurisdiction I inquired as to where all the lawyers were and what the procedures were to get divorced in that jurisdiction.
Divorce in Italy much like divorce in NY is based on a fault system wherein one party must essentially take the blame. Further over the great objection of the Catholic Church divorce in Italy has only been legal since 1970. Divorce in Italy must first take the form of a legal separation either by decree or consent with a ridiculous waiting period of three years before either party can file for divorce. In fact, the waiting period between the request for legal separation and the request for divorce, originally five years and reduced to three in 1987, was introduced as a "period of reflection" for the couple in a thinly veiled concession to the church. As in NY the divorce is not granted automatically after the waiting period and it must be sought by one of the parties. Anyone who can afford to can go to another European country and set up residency there, in six or seven months they can file for divorce and have it recognized in Italy.
Interestingly divorce in Italy spikes as it does here in the states.in Italy, where in recent years divorce rates have been steadily sneaking up to those of other European countries, summer is bust-up season.

"It's not the heat, but because couples spend more time together," said one Italian lawyer. "They can scrutinize the reasons they don't get along and blow them out of proportion. So more people want to split up."
Divorce in Italy may be obtained on one of the following grounds: After the court has approved consensual separation; after judicial separation; when one spouse has been sentenced for certain criminal offenses; when one spouse is a foreign citizen and has obtained a divorce or has married again abroad; or when the marriage has not been consummated. If the divorce is based on separation, it may only be obtained after three years of continuous separation beginning on the date the spouses appeared before the court in the proceedings for legal separation. The judicial divorce takes longer, depending upon the how many and what kind of questions need to be resolved by the court. Italian divorces can run as high as their American counterparts. As far a custody, Italian law is quite similar to American law.
Unless there is some specific reason for limiting access, non custodial parents in Italy are generally guaranteed unlimited access to their children. An overseas flight can certainly be considered a limiting factor, so it can happen that custodial parents are not allowed to move their children out of the country if the move has been contested by their ex-spouse. This whole situation led to a epidemic of “kidnappings”, where one parent took their children overseas, stealing off into the night. To guard against this eventuality, the process of applying for a passport for either parents or children has become a bit of an odyssey, with official declarations and stamped documents attesting that all parties are in the know about everyone else’s passport situation, again very similar to the new passport rules in this country. So some advice for ex-pats living in Italy with children, you may want to re-establish US residency before filing for divorce here in the states, because if you file in Italy, the chances are great that you may not be able to live anywhere else with your children unless your ex approves:)