Divorce without separating

In order to be able to apply for a divorce in our legal system, the spouses must be separated.
However, there are cases in which it is possible to directly obtain a divorce sentence without first proceeding with separation.

The causes provided for by art. 3 of the divorce law (L. 898/1970)

These are mandatory hypotheses, let's see what:
1) after the celebration of the marriage, the other spouse was sentenced with a final judgment, also for acts previously committed:
•to life imprisonment or a sentence of more than fifteen years, even with more sentences, for one or more non-culpable crimes, excluding political crimes and those committed for reasons of particular moral and social value;
• to any reported custodial sentence for the crime of incest, of rape, of acts of violent libido, of rats for the purpose of libido and of the rat of persons less than fourteen or infirm, for the purpose of marriage, or for induction, compulsion, exploitation or aiding of prostitution for any conviction reported and regardless of the subjective quality of the injured person;
•to any penalty for a child's voluntary homicide or by attempted murder to the detriment of the spouse or a child;
•to any custodial sentence , with two or more convictions, for crimes of injury, when the aggravating circumstance referred to in the second paragraph of art. 583 if the fact produces the permanent weakening of a sense or an organ), and in artt. 570 (violation of the obligations of family assistance), 572 (mistreatment in the family or towards children) and 643 (circumvention of incapacitated persons) of the Italian Criminal Code, to the detriment of the spouse or a child (Article 3, No. 1 letter d) of the law n. 898/1970. When these hypotheses occur, the judge competent to pronounce the dissolution or the cessation of the civil effects of the marriage ascertains, also in consideration of the subsequent behavior of the defendant, his inability to maintain or restore family cohabitation. Even in the presence of a final conviction for the crimes indicated above, the application cannot be proposed by the spouse who has been convicted of complicity in the crime or when the conjugal cohabitation is resumed.

2) when the other spouse has been acquitted due to total mental insanity of the crimes of incest, rape, acts of violent lust, abduction for the purpose of lust, abduction of a person under the age of fourteen or of an infirm person for the purpose of marriage, inducement, coercion, exploitation or aiding and abetting prostitution, voluntary homicide of a child or attempted homicide of a spouse or child referred to in letters b) and c) of no. 1) of art. 3 of Law 898/1970, and the judge competent to pronounce the dissolution or cessation of the civil effects of the marriage ascertains the defendant's unsuitability to maintain or reconstitute family cohabitation (art. 3, no. 2, letter a) of Law no. 898/1970);

3) the criminal proceedings initiated for the crimes set forth in letters b) (incest, rape, acts of violent lust, abduction for the purpose of lust, abduction of a person under the age of fourteen or infirm, for the purpose of marriage, inducement, coercion, exploitation or aiding and abetting prostitution) and c) (voluntary homicide of a child or attempted homicide of a spouse or child) of no. 1) of art. 3 of Law 898/1970 have concluded with a ruling of no need to proceed due to the extinction of the crime, when the judge competent to pronounce the dissolution or cessation of the civil effects of the marriage believes that the facts committed satisfy the constitutive elements and conditions for punishability of the crimes themselves (art. 3, no. 2, letter c) of Law no. 898/1970);

4) the criminal proceeding for incest ended with a sentence of acquittal or acquittal that states that the event is not punishable due to lack of public scandal (Article 3, No. 2, letter d) 8898 / 1970 law;

5) a judicial separation between the spouses has been pronounced with a final judgment, or a consensual separation has been approved , or a de facto separation has occurred when the de facto separation itself began at least two years before 18 December 1970 (art. 3, no. 2, letter b) of Law 898/1970.

6) the other spouse, a foreign citizen, has obtained the annulment or dissolution of the marriage abroad or has contracted a new marriage abroad (Article 3, No. 2, letter e) of Law no. 898/1970);

7) the marriage was not consummated (art. 3, n.2, letter f) law n. 898/1970);

8) has passed the sentence of rectification of assignment of sex according to the law 14 April 1982, n. 164 (Article 3, n.2, letter g) law n. 898 / 1970).

Apart from the aforementioned cases, the Italian legal system provides that in order to obtain the termination of the civil effects of the concordat marriage or the dissolution of the marriage, legal separation is first necessary.

Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.