A person can apply for a separation or divorce in Italy if both spouses live in Italy at the time of the marriage breakdown or if the other spouse who intends to file for divorce lives in Italy, or also if the spouse making the application to the Italian court has lived in Italy for at least one year (reduced to six months if they are an Italian citizen). A party can furthermore apply for separation or divorce in Italy if both spouses are Italian citizens, regardless of where they live.

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Proof of special circumstances relating to the marriage breakdown is not necessary to obtain a separation. It is not necessary to prove that the other spouse has particular faults. It is possible to apply for divorce six months after the pronouncement of a consensual separation or one year after the start of the judicial separation proceedings, provided that in the meantime the separation has been pronounced by a final judgement. If the legal separation period has elapsed, it is not necessary to prove that the other spouse has behaved in a particular way or violated the duties arising from the marriage in order to obtain a divorce.