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 foreseen by the art. 3 of the divorce law (L. 898 / 1970)
These are mandatory hypotheses, let's see what:
1) after the celebration of marriage the other spouse has been convicted with a final sentence, also for facts committed previously:
•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 event produces the permanent weakening of a sense or of an organ), and to the articles. 570 (violation of family assistance obligations), 572 (mistreatment in the family or towards children) and 643 (circumvention of incapacitates) cp, to the detriment of the spouse or a child (Article 3, No. 1 letter d) n. 898 / 1970. When these hypotheses occur the judge competent to pronounce the dissolution or termination 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 sentence of conviction that has become res judicata for the crimes indicated above, the request can not be proposed by the spouse who has been convicted of the crime in the crime or when the marital cohabitation is resumed.
2) when the other spouse has been acquitted by a total defect of mind from the crimes of incest, rape, acts of violent lust, rat in order to libido, rats of persons less than fourteen or infirm for the purpose of marriage, induction, compulsion, exploitation or aiding of prostitution, of voluntary homicide of the son or attempted murder of the spouse or child referred to in lett. b) and c) of n. 1) of the art. 3 reads 898 / 1970, and the judge competent to pronounce the dissolution or termination of the civil effects of marriage ascertains the inability of the defendant to maintain or restore family cohabitation (Article 3, n.2 letter a) egge n. 898 / 1970);
3) the criminal proceedings promoted for the crimes foreseen by the lett. b) (incest, carnal violence, acts of violent lust, rat for the purpose of libido, rat of persons under the age of fourteen or infirm, for the purpose of marriage, induction, compulsion, exploitation or aiding of prostitution) and c) (voluntary homicide of the child or by attempted murder of the spouse or child) of no. 1) of the art. 3 reads 898 / 1970 has concluded with sentence of not having to proceed for the extinction of the crime, when the judge competent to pronounce the dissolution or termination of the civil effects of marriage believes that in facts committed there are constituent elements and conditions of punishment of crimes themselves (Article 3, n.2, letter c) 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) has been pronounced with a final sentence ruling the judicial separation between the spouses, or the consensual separation was approved that is, a de facto separation took place when the de facto separation began at least two years before 18 December 1970 (Article 3, No. 2, letter b) 898 / 1970 law.
6) the other spouse, a foreign citizen, has obtained abroad the annulment or dissolution of the marriage or has contracted abroad new marriage (Article 3, n.2, letter e) law n. 898 / 1970);
7)marriage has not been consummated(Article 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 cases outlined above, the Italian law states that in order to obtain the cessation of the civil effects of the marriage agreement or the dissolution of the marriage, legal separation is required first.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.