Italian divorce runs on a fixed waiting period that starts when your separation is formalised — and the clock rarely starts when people think it does. This tool estimates the earliest date you could file for divorce from just two inputs: which separation route you took and the date it became official. It's built for English speakers navigating the Italian system, with every step explained in plain language.
Since 2023, separation and divorce can be filed together in a single proceeding (Cartabia reform, Art. 473-bis.49 of the Code of Civil Procedure). This can save a procedural step, but it does not shorten the wait: the divorce still cannot be granted until the 6- or 12-month period has passed and the separation has become final.
Your estimate
The minimum wait is 6 months for consensual routes (court, assisted negotiation, or Comune) and 12 months for a judicial separation, counted from the date your separation is formalised. Add your route and date above to estimate your own earliest filing date.
Separation formalised
This is the date the law counts from: your first appearance hearing, your assisted-negotiation agreement, or your agreement at the Comune, depending on your route.
Minimum waiting period
6 months for consensual routes, 12 for a judicial separation. The separation must run without interruption.
Earliest date you could apply
This is the first day the divorce application may be filed, not the day the divorce becomes final.
The court issues the divorce decree
Timing depends on the court's schedule and on the complexity of the case, so no fixed date can be given here.
Legal basis: art. 3, no. 2, lett. b) of Law 898/1970, as amended by Law 55/2015 and by Legislative Decree 149/2022 (Cartabia reform).
Indicative only — this is general information, not legal advice. Your actual dates depend on the official date your separation was formalised and on the court's schedule. This tool does not create a lawyer-client relationship; please don't send confidential documents until we've confirmed we can act for you. Verify your situation with a qualified lawyer or the competent court.
After a consensual separation — in court, through assisted negotiation, or before the Comune — divorce can be applied for once six months have passed. After a contested (judicial) separation the wait is twelve months. The period is counted from the date the separation was formalised, not from the day you moved out.
No. Simply ending cohabitation does not start the clock. The six or twelve months run from a formal date: your first appearance before the court, the certified assisted-negotiation agreement, or the agreement signed at the Comune. The separation must also continue without interruption.
Yes. Anna Muscat is a native English and Italian speaker to litigation standard and can follow the whole matter in either language, without a translation layer. This tool gives an estimate only; each situation is assessed on its own facts.
Every separation is different, and the date that counts is easy to get wrong. If you'd like your case looked at in English or Italian, you can read more on the family-law page or arrange an appointment.