Visitation rights in case of refusal of the child

Visitation rights in case of refusal of the child After the divorce, even if only one of the former spouses is the sole custodian of the child, still the noncustodial parent is granted with visitation rights. Visitation rights consist of the right of the divorced parent to maintain meaningful relationships with their children. Usually, the […]

If the spouse refuses to leave home

If the spouse refuses to leave home The legal separation judgement, once issued, has an immediate effect, with the consequence that the former spouse must leave the house immediately. If, however, he or she refuses to leave the marital house then there are several legal instruments that can be used through the assistance of a […]

No cohabitation required for residence permit renewal

Once married to an Italian citizen, the foreign citizen has the right to obtain a residence permit for family reasons, the renewal of which can be issued even if the couple no longer cohabits. The residence permit for family reasons allows to carry out any category of work and it allows access to social services, […]

Divorce of foreign citizens in Italy

If foreign spouses residing in Italy want to divorce, the Italian Court will rule, even if the marriage was celebrated abroad. This principle was recently stated by the Court of Monza (judgement no. 3001/2018), which recalled EU Regulation no. 1259/2010. In fact, according to this European Regulation, it is up to the Court where the […]

The Surname of the spouse after divorce

The Italian Civil Code, at Article 143-bis, rules that the wife adds her husband’s surname to her surname and keeps it during her widowhood, until she moves on to a new marriage. When the spouses separate, the wife continues to use her husband’s surname because the marriage relationship has not yet completely ceased. It may […]