Legal Question in Family Law in Italy

Re: Married in Italy... Where can I get a divorce

USA laws can recognize your marriage and Italian laws allow doing that. Therefore, you can file for divorce in Pennsylvania and, subsequently, make divorce deed to be recognized in Italy.

It is not convenient to divorce in Italy (the divorce shall be preceded by three years of lawful separation, without marriage to be voided).

Your case (marriage celebrated in Italy between Italian and US citizen) shall be governed in accordance with Italian Private International Law, which regards marriage, personal and patrimonial relationships, separation and divorce of husband and wife of different states (the discipline is principally contained and ruled in section 29, 30 and 31 of Law n. 218 of 1995).

The case is also regulated, in similar way, in USA:

� By Pennsylvania Consolidated Statutes, i.e. Domestic Relations (title 23), Divorce, Chapter 31, and

� By Convention on celebration and recognition of the validity of marriages (concluded in Hague, March 14, 1978), which USA is a member of.

Italian sections (29, 30 and 31 of Law n. 218 of 1995) require that the law applicable to personal and patrimonial relationships, separation and divorce will be the law of the State where nuptial life is more frequently localized.

Thus, in your case, the US Law (and Pennsylvania law) shall govern your marriage and divorce, as a result of Italian law.

Then, Pennsylvania Consolidated Statutes, i.e. DOMESTIC RELATIONS (TITLE 23), DIVORCE, CHAPTER 31, at � 3104 (Bases of jurisdiction), set following provisions:

Jurisdiction.--The courts shall have original jurisdiction in cases of divorce and for the annulment of void or voidable marriages �

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Powers of court.--The court also has the power to annul void or voidable marriages celebrated outside this Commonwealth at a time when neither party was domiciled within this Commonwealth.

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Venue.--A proceeding for divorce or annulment may be brought in the county where the defendant or plaintiff resides, etc.

Overall, the CONVENTION ON CELEBRATION AND RECOGNITION OF THE VALIDITY OF MARRIAGES, Concluded March 14, 1978 at Hague, at CHAPTER II � RECOGNITION OF THE VALIDITY OF MARRIAGES, Article 9, allows US federation and states to recognize foreign (Italian) marriage.

In fact, a marriage, which is validly entered into under the law of the State of celebration or which subsequently becomes valid under that law, shall be considered as such in all Contracting States.

Read also: Article 10: Where a marriage certificate has been issued by a competent authority, the marriage shall be presumed to be valid until the contrary is established.

Overall, you can make choice on more favourable jurisdiction (i.e.USA), in accordance with Article 13.

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Hoping to have been clear,

Best regards,

Francesco Misuraca

Attorney at Law, Bologna, Italy