In fact, the recent institute of assisted negotiation allows spouses to reach separation in a very short time, without going to the court. In a few interviews with the law firm it is now possible to obtain a document that is fully equivalent to a separation sentence. The judicial process to obtain the separation sentence (even if by consensus) is however much longer and takes several months divorce lawyer.
The road is divided into these phases:
Conferment of the professional assignment to the divorce lawyer;
Presentation of the appeal to the president of the competent court;
After several weeks (usually one or two months) the judge delegated by the president of the court issues a decree setting a hearing. Usually the first hearing for separation or divorce is scheduled after about six months from the decree setting the hearing;
If the spouses agree on everything related to the consensual separation (or joint divorce), the homologation decree must be awaited.
The assisted negotiation procedure, on the other hand, can consist of only two meetings in the studio, within a few days of each other:
In the first meeting it will be possible to stipulate an assisted negotiation agreement;
In the second meeting in the studio it will be possible to stipulate a separation agreement;
The agreement will be sent to the Public Prosecutor for authorization (in the presence of the couple’s minor children), At that point, the authorized agreement will be sent to the competent Municipality for transcription. In about a month it will be possible to be separated .
However, not all lawyers are in favor of the assisted negotiation procedure which, although much shorter, can result in serious financial penalties for the professional who sends the agreements for registration in the Municipality late (the deadline is ten days).
Transparency on the costs of the divorce lawyer for separation or divorce – the written estimate
The customer must always be able to ask for and obtain a quote written by the professional, before giving the assignment. This is also written in the Forensic Code of Ethics. Sometimes it is true, it is difficult to quantify the extent of the professional activity that the divorce lawyer will face. However, it is equally true that a “rough” estimate, even in the event that there are doubts about the consensual or judicial procedure, can be provided. Clearly the cost of legal assistance should not be the first criterion for choosing a professional, but it is good to always have clear ideas about the costs that will be incurred.