Getting a Divorce in Italy Even if You Live Abroad: A Complete Guide for Italians Abroad

Can I get a divorce in Italy even if I live abroad?
This is one of the most frequent questions I receive from Italians living outside of Italy, or from international couples with legal or family ties to our country.
The answer is yes, but with some conditions to be met.
In this article—the first in the "Legally Connected" series, designed for those with ties to Italy but living elsewhere—we explore when and how foreign residents can obtain a divorce in Italy, also explaining the practical, legal, and digital aspects of the process.
Why is divorce possible in Italy even for those who live abroad?
We live in an increasingly interconnected world.
Couples marry in Italy and move abroad, or their partners are of different nationalities. In many cases, even after moving abroad, they retain legal, financial, or family ties to Italy: property, children, and Italian citizenship.
And when a relationship ends, the question arises spontaneously:
“In which country can I get divorced?”
Divorce in Italy from Abroad: Requirements and Jurisdiction
Italy may accept a divorce application even if both spouses live abroad, provided one of the following connecting factors exists:
At least one of the spouses is an Italian citizen;
The wedding was celebrated in Italy;
The marital residence (last common domicile) was in Italy;
One of the two still lives in Italy (in this case the connection is even stronger).
At European level, the Brussels II-ter Regulation (EU Regulation 2019/1111) comes into play, which establishes which country has jurisdiction in the event of separation and divorce between citizens of EU member states.
In non-EU cases, the possibility depends on bilateral agreements and the recognition of the Italian judgment in the foreign country.
How does divorce from abroad work? The procedure is digital and simplified.
Today, it's possible to handle most divorce proceedings in Italy without having to physically return to the country. Thanks to digital tools and regulatory developments, you can:
Appoint a lawyer in Italy through a power of attorney, even abroad;
Sign documents with a digital signature;
Use PEC (Certified Electronic Mail) for official communications;
Choose assisted negotiation: a fast, secure, and entirely remote out-of-court procedure (if the spouses agree).
If no agreement is reached, the case will proceed to court – but even this can now be handled remotely, through a trusted lawyer.
Beware of complex cases: children, assets, and dual jurisdictions
When there are minor children, assets shared in different countries, or a risk of parallel proceedings (e.g., one in Italy and one abroad), the situation requires particular attention.
It is essential to know:
Which law applies (Italian, foreign, or both?);
Where the sentence will be recognized;
How to avoid conflicts of jurisdiction, duplication of proceedings, or invalid judgments in other countries.
In these cases, it is crucial to rely on a lawyer experienced in international family law, capable of building the most suitable strategy for your case and reducing the time and costs of the procedure.
Why choose divorce in Italy if you live abroad?
Divorcing in Italy can offer some advantages, if there are strong connecting elements:
Legal language and culture may be more familiar;
The application of Italian law may be more favorable (e.g. in matters of allowance, custody, property regime);
Automatic recognition in other EU countries facilitates international post-divorce management.
Find out more
Learn more on our website www.cecatiello.it, on our YouTube channel, and listen to our podcasts on Spotify, where you'll find additional content on Italian and international family law.