Divorce in Italy: Timeline, Costs and the 4 Routes to Get There
From 1 month at the registry office to 4 years in court: how to choose the right procedure and what timeline to realistically expect.
In a nutshell
In Italy, divorce requires you to go through legal separation first. Only after a minimum waiting period — 6 months (consensual separation) or 12 months (court-ordered separation) — can you file for divorce. Since 2023, the Cartabia Reform allows you to file for both separation and divorce in a single petition, cutting months off the process.
At a glance
| Cost | From €16 (registry office, no children) to €20,000+ (contested court proceedings) |
| Timeline | From 1–2 months (registry office) to 18–48 months (contested proceedings) |
| Where in Rome | Tribunale di Roma — Viale Giulio Cesare 54 · Comune (city hall) — Via Petroselli 50 |
| Core documents | Marriage certificate, identity documents, household registration (stato di famiglia), tax returns, children's birth certificates |
The basic rule: separation first
Italian law requires a phase of legal separation (separazione legale) before divorce can be granted. During this period the spouses live apart and settle issues such as maintenance payments, child custody and the family home. Only once the statutory waiting period has passed can they apply for the final dissolution of the marriage.
The waiting periods, set by Legge 55/2015 (the "fast divorce" law), are:
- 6 months from the date both spouses appeared before the President of the Court (or from the date the assisted-negotiation agreement was signed), if the separation was consensual.
- 12 months from the same date, if the separation was court-ordered — that is, decided by a judge because the spouses couldn't agree.
There are rare situations where divorce is possible without prior separation: criminal conviction of a spouse for serious crimes, non-consummation of the marriage, a registered change of legal gender by one spouse, or a foreign divorce or annulment already obtained abroad and recognisable in Italy.
The 4 routes in Rome
1. Divorce before the mayor (registry office)
The fastest and cheapest route. It is only available if there are no minor children, no adult children who are legally incapacitated, severely disabled or economically dependent, and if the agreement does not involve any property transfers.
Both spouses attend the Ufficio di Stato Civile (civil registry office) at the Comune di Roma — Via Luigi Petroselli 50 — fill in a declaration and pay around €16 in marca da bollo (revenue stamps required on official documents). After a mandatory 30-day reflection period they return to confirm.
Timeline: 1–2 months. Cost: approximately €16 plus local fees.
2. Assisted negotiation between lawyers
A court-free procedure introduced in 2014 to ease the burden on the courts. Each spouse appoints their own lawyer; together they draw up the separation (or divorce) agreement, which is submitted to the Public Prosecutor (Procuratore della Repubblica) at the Tribunale di Roma. The prosecutor verifies the agreement and issues clearance within 10–30 days; where minor children are involved, the prosecutor's authorisation is also required.
This route can be used even when there are minor children.
Timeline: 1–3 months. Cost: €1,500–€5,000 per couple (one lawyer each).
3. Consensual separation and divorce through the court
Both spouses, being in agreement, file a joint petition setting out the full terms of their arrangement. The court schedules a hearing within 30–90 days and the judge approves the agreement.
Since 2023, the Cartabia Reform (D.Lgs. 149/2022) allows you to request both separation and divorce in the same petition: the divorce automatically takes effect once the 6-month waiting period from the separation has elapsed, without needing a second set of proceedings.
Timeline: 3–6 months (combined separation + divorce via Cartabia: 6–9 months). Cost: €2,000–€6,000.
4. Contested separation (court proceedings)
When the spouses cannot reach agreement, one files a petition at the court's Family Section. The judge schedules a presidential hearing within 60–90 days (timeframes reduced by the Cartabia Reform), attempts conciliation, and if that fails issues provisional orders covering maintenance, the family home and custody.
The case then enters an evidentiary phase that can involve witnesses, psychological expert assessments concerning the children and reports from social services.
Timeline: 12–36 months for the separation, plus another 6–12 months for the divorce — up to 4 years total in the most complex cases. Cost: €5,000–€20,000+ per spouse.
Timeline and cost comparison
| Route | Agreement? | Minor children? | Timeline | Estimated cost |
|---|---|---|---|---|
| Registry office | yes | NO | 1–2 months | <€100 |
| Assisted negotiation | yes | yes/no | 1–3 months | €1,500–€5,000 |
| Consensual court | yes | yes/no | 3–6 months | €2,000–€6,000 |
| Cartabia combined filing | yes | yes/no | 6–9 months | €3,000–€7,000 |
| Contested proceedings | NO | yes/no | 18–48 months | €5,000–€20,000+ |
Real timelines at the Tribunale di Roma
The Tribunale di Roma — Sezione Persona, Famiglia e Minori — is one of the busiest family courts in Italy. Expect:
- Presidential hearing: 3–6 months from filing.
- Non-definitive consensual ruling: 6–9 months.
- Final contested judgment: 18–36 months.
If speed matters, assisted negotiation or the Cartabia combined filing are your most efficient options.
Mistakes to avoid
- Assuming you can divorce without going through separation first. Except in the rare statutory exceptions, legal separation must always precede divorce. There is no shortcut.
- Using the registry-office route when minor children are involved. Divorce before the mayor is not permitted if there are minor or economically dependent children. You must go through the court or use assisted negotiation.
- Not registering in Italy a marriage celebrated abroad. If your marriage has not already been transcribed in the Italian civil registers, proceedings will stall. You must first have it transcribed at the Italian consulate or your local Comune.
Special cases
Foreign nationals married in Italy: Italian law applies in full. All the procedures described above apply equally.
Foreign nationals married abroad: Legge 218/1995 (private international law) applies. If both spouses share the same nationality, the law of that country applies; if they have different nationalities and the case is heard in Italy, Italian law applies. Italian courts have jurisdiction if at least one spouse is resident in Italy (EU Regulation 2019/1111 "Brussels II ter").
Divorce already obtained abroad: if the country is an EU member state (excluding Denmark), you can register the divorce directly at the Comune using the standard European certificate. For non-EU countries, you need the delibazione procedure before the Court of Appeal — more complex, with costs of €1,500–€4,000.
Low income (below €12,838 per year): you may be eligible for state-funded legal aid (gratuito patrocinio), which means the State pays your lawyer. Contact the Consiglio dell'Ordine degli Avvocati di Roma, Palazzo di Giustizia, Piazza Cavour.
Spouse without a valid residence permit: they can still file for divorce without restriction. The right to dissolve a marriage does not depend on immigration status. Moreover, separation or divorce does not automatically result in the loss of a family-based permesso di soggiorno (residence permit for non-EU citizens) if minor children are involved.
Official sources
- Roma Capitale — Separation/divorce before the mayor
- Roma Capitale — Civil registry services
- Tribunale Ordinario di Roma
- Ministry of Justice — Family and minors
- Ministry of the Interior — Civil registry
- Legge 898/1970 — current text on Normattiva
- Legge 55/2015 (fast divorce) — Normattiva
- D.Lgs. 149/2022 (Cartabia Reform) — Normattiva
Legal references: Codice Civile artt. 150–158; Legge 1° dicembre 1970 n. 898; Legge 6 maggio 2015 n. 55; DL 12 settembre 2014 n. 132 conv. L. 162/2014; D.Lgs. 10 ottobre 2022 n. 149; CPC artt. 473-bis e segg.; Legge 31 maggio 1995 n. 218; Reg. UE 2019/1111.