Each spouse has the right to obtain separation.
The loss of the emotional bond, whatever the cause, gives rise to the right of the person to ask for separation. It is absolutely irrelevant who is responsible for the end of the marriage and what the reason is. The law recognizes the right to obtain separation, so as to allow separation even without the consent of the other. The separation of the spouses is sanctioned by the Court upon appeal of both spouses or one of them. There is talk of consensual separation in the first case and judicial separation in the second.
The difference is mainly represented by the duration and cost of the procedure. The consensual separation, after a more or less complex negotiation between the spouses, which can be managed by one or more lawyers, will result in an appeal signed by both spouses and the participation in a single hearing. The judicial separation, on the other hand, starts on the initiative of only one of the spouses who, upon filing the appeal with the Court, will notify the other party inviting him to appear at the hearing set by the Court. In the first-presidential hearing, the judge will give provisional and urgent measures, or establish the rules which the spouses must follow until the end of the case.
In the event of the presence of the children, these measures will exclusively concern the assignment of the marital home, the rules for the attendance of the children by the parent who is not living with them, as well as the contribution for their maintenance. In the event that the couple does not have children, the presidential measure will only concern the determination of the maintenance allowance for the weakest spouse where the conditions exist. After such fulfillment, save the possibility of the spouses to find an agreement, the case will continue, with a minimum of 3 hearings, the filing of other 5 documents by the lawyers as well as documents and the possibility of listening to witnesses where necessary, for a duration overall about 3/4 years.