Divorce
The procedure to follow
Before getting a divorce, you should always consult a lawyer. Do not underestimate the choice of the lawyer because it is he who will defend you during the hearing when, for example, it will be decided on the custody of the children or the amount of the compensatory benefit.
The decisions of the judge
- The compensatory benefit is intended to compensate for a lower standard of living caused by divorce. The judge takes into consideration the length of the marriage, the fact that one of the spouses has stopped working, his level of education and the chances that this person has to find a job. Each spouse can receive a compensatory benefit.
- The maintenance pension is awarded to the spouse who obtains custody of the children. It is a contribution to the expenses for their education, food and accommodation. The amount varies according to the parent's salary and must be entirely dedicated to the children. In the event of a serious cause divorce, these criteria do not change. It is not a question of compensating for a penalty or damage suffered but of participating in the educational costs of the children.
- The custody of the children is established primarily on the basis of their interests. In the event that they are over 13 years of age, their opinion is examined for judgment. The parent who has not had custody enjoys the right to visit or "accommodation. In general, custody is more easily granted to the mother but more and more specialists recommend joint or alternate custody: one week as a father, one week from mom.
Explain a divorce to your child
The various types of divorce
- joint divorce (the fastest): the spouses manage to reach an "agreement on the division of property, the custody of the children, the maintenance pension and the compensatory benefit." You should always go to a lawyer but it can also be the same for both. Only one hearing is used.
- judicial divorce: one of the spouses does not agree on the fact of divorce or on the consequences of the divorce. Anyone seeking divorce submits a request to the court and both spouses are summoned by the judge to resolve urgent matters, such as custody of children, in awaiting judgment. During this meeting with the judge, the spouse who refuses the divorce will be able to express his opinion. Since judicial divorces are often difficult and violent it is always preferable to take the path of joint divorce if possible.
- divorce for definitive breakdown of the couple's bond: the reasons must be corroborated by evidence.
- divorce for serious causes (the longest and most complicated): this is a case of marital violence and emergency measures to protect the victim must be taken. It must be corroborated by tangible evidence: photographs, testimonies, medical certificates.
What it means to be a single mom in Italy in 2013
