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Legal separation in Italy.
Legal advice on international divorce in Italy.
According to the Italian law, the application for legal separation must be submitted to the court of the place where the spouses had the last common residence or, failing that, the place where the requested spouse is domiciled.
If the requested spouse is resident abroad, or it is untraceable, the requesting spouse must to submit its application to the court of its place of residence or domicile, and, if this place is abroad, the requesting spouse may submit its legal separation's application to any court of the Italian Republic.
The President of the court, in the five days following the deposit of the application, fixes by decree the date of the hearing where the spouses have to appear in front of him, which must be held within ninety days from the deposit of the application. The President of the court also needs to fix the deadline for the notification of the appeal and the decree to the other spouse and the term within which the requested spouse may file its defense and documents.
The spouses have the obligation to attach to their application or defense's written, the last tax declarations (generally the two or three last tax declarations). The applicant also needs to indicate in its application if the couple or one of the spouse has some children.
The spouses must appear in person before the President with the assistance of a lawyer. If the applicant does not appear or he/she renounce to the procedure, the case wil be closed. If the requested spouse doesn't appear, the President of the court may fix a new date for the appearance and order a new notification.
For more information, please contact Lawyers in Italy.
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