A divorce granted abroad becomes legally effective in Italy only after it has been registered in the civil status records of the competent Italian Municipality (Comune).
In order to be registered, the foreign divorce judgment must satisfy the requirements established by Italian law.
Divorce judgments issued by U.S. courts generally meet these requirements and are, in most cases, eligible for registration in Italy. However, the final decision regarding the registration always rests with the Civil Registrar (Ufficiale dello Stato Civile) of the competent Italian Municipality.
If the marriage was celebrated in Italy, the divorce judgment must be registered with the same Municipality where the marriage was celebrated. If the marriage was celebrated abroad, the divorce must instead be registered with the Municipality where the marriage was previously registered.
Please note: a divorce cannot be registered in Italy unless the corresponding marriage has already been registered in Italy. If the marriage has never been registered, you must first submit the documentation required for the registration of the marriage, following the instructions available in the Marriage Registration section of this website.
REQUIRED DOCUMENTS
- Application for Registration of Divorce (Divorce Registration Request Form);
- Substitute Declaration in Lieu of an Affidavit (Substitute Declaration Form);
- Certified copy of the Final Judgment of Dissolution of Marriage (also known as the Judgment of Divorce), issued by the competent Court and bearing an Apostille issued by the Secretary of State of the State where the Court is located;
- Certificate confirming that the judgment is final (commonly referred to as a Certificate of No Appeal), issued in original by the competent Court and bearing an Apostille. This document is issued in a wide variety of formats depending on the State and County where the divorce was granted. It may be titled, for example, Letter of No Appeal, Certificate of Disposition, Clerk’s Certificate, or similar. Regardless of its title, the document must clearly state that no appeal has been filed and that the judgment is final. (See sample here.)
- Complete Italian translation of both the Judgment of Divorce and the Certificate of No Appeal;
- Photocopy of a valid passport, preferably the Italian passport, of the person signing the application (photo page, personal data page, and signature page only).
PLEASE NOTE
- Every single word, number, stamp, annotation, heading, signature, and notation appearing on the original document must be translated. No portion of the document may be omitted, even if it appears to be irrelevant.
- Only complete, accurate, and faithful translations, free of errors or omissions, prepared on a computer, printed, and clearly legible, will be accepted.
- Apostilles must not be translated.
- If the original document consists of multiple pages, the translation must follow the same order and include the contents of every page.
If the divorce was granted in a country other than the United States, the applicant must arrange for the legalization (or Apostille, where applicable) and Italian translation of the divorce judgment(s) in accordance with the instructions provided by the Italian Embassy or Consulate having jurisdiction over the country where the divorce was issued.
MAILING INSTRUCTIONS
Once all documentation has been completed, it may be placed in an envelope and mailed to:
CONSOLATO GENERALE D’ITALIA – UFFICIO STATO CIVILE
150 N. Michigan Ave., Suite 1500
Chicago, IL 60601