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Precisely to make sure that the judge does not reject such a separation, it is necessary to request the assistance of a specialized lawyer in the last area, who is able to give all the information and suggestions suitable for spouses who wish to process at the request of the kind. Law 1 is a study of lawyers who provides support and technical defense in divorce houses, sustaining all spouses who need to have clear explanations regarding a similar issue.
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Divorce Differe legal in the event of divorce (figura gives: Pursuant to Article 149 of the Civil Code, the marriage if cancels or with the death of one of the spouses or with the divorce, introduced in our legal system by Law No. 898 of 1970, successively perfected by Law No. 74 of 1987. In general, if you agree that the divorce can only try in the case in which the time from the norm has passed since the day on which the separation was validated.
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On the other hand, the 1970 regulations presents several factors for which one of the spouses may request a divorce: when three years of individual, judicial or shared separation have passed; when there has been a condemnation of the other spouse, also for actions committed cousin of marriage, to life imprisonment or arrest for more than 15 years or for serious crimes such as risky killing of the spouse or children; when the marriage has not been completed; when the other non-Italian spouse has received in other countries the validation of the annulment of marriage or has remarried in another country; the disposition of retraction of sexual recognition is now definitive by virtue of the law of 14 April 1982, n. 164
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When the Catholic marriage is invalid, it means invalidating the civil effects of the same. In the first situation, the most widespread, the spouses can make the divorce three years after the continuous separation, starting from when the spouses appear before the Court, that is to the first appeal, and not from the separation provision or the restrictions of such agreed arrangements, which subsequently apply.
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However, the divorce law sought to regulate various fundamental factors and aspects that subsist and may arise when the marriage union ceases, such as: the right, for the economically "weaker" spouse, to request a maintenance allowance for themselves and for children, if they are present; the right of the former spouse, who already prepares a maintenance allowance, to receive the survivor s pension, or only a part of the same, and other fees, such as the termination allowance.
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In various circumstances, the Supreme Court (see 12211ss2) has established the right of the former spouse to receive, if the divorce is implemented, a part of the severance pay that belongs to the other spouse, even if the former spouse remarried:
in this way, the severance pay will be divided between divided spouse and surviving spouse, according to the period that refers to the conjugal union, by implementing various changes that involve:
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the subsistence arranged for the spouse divided before the death of the former spouse, the restrictions of the subjects involved or any time spent together before the marriage of the second spouse. Also, the divided spouse who still has a divorce sustenance will also be in a portion of the survivor s pension, if it has been prepared for the deceased ex-spouse. For spouses, it is often essential to proceed with a common divorce proceeding, in such a way that an immediate judicial procedure is initiated and resolves, almost always, with only one hearing.
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The team of our study, precisely in this regard, guarantees and ensures legal assistance, especially for the cases relating to the custody of minors after a divorce procedure. Entrusting consensual. In place of the previous consensual assignment, the current law n. 54/2006 introduced an important innovation for what concerns family law, establishing new and fundamental elements for a better understanding of the links between spouses and minor children even after the divorce.