Sunday, October 17, 2010

I have a permit for family reasons but I separated from my spouse, what do I do?

I am married to a Pakistan citizen, I have a permit for family reasons. Work, are separated and no longer live with my husband. We would like to legally separate, what should we do? And what will my permission?

Rome, July 9, 2010 - First you have legally separated: Italian law provides for legal separation, that which produces effects that affect personal and property relations existing between the spouses.

In your case, even if you separate fact (not live together anymore), you must initiate a proceeding for legal separation. You'll need to force the matter to court and bring an action before the court of the place of residence.

There are two types of separation: the consensual and the litigation. The difference is the existence or absence of an agreement between the spouses: the former spouses agree to separate, in the case of one or two does not want to separate or fail to reach an agreement.

In any case we must refer the matter to court, with the separation by mutual consent the couple deposited the application and must appear in person before the court on the day of convocation. The judge will attempt a reconciliation.

In the case where the spouses do not agree (even if only one spouse), you can ask the judicial separation.

The first hearing of the proceedings requires the personal appearance of the spouses before the presiding judge and is in the same way the separation agreement.

Specific features of judicial separation is the possibility of separation from debit one of the spouses. It is possible that one of the spouses expressly requests the Court to declare the other spouse as the sole responsible for the failure of marriage.

With the procedure of separation by mutual consent after submission of the application will be called by Presiding Judge: It will set a hearing at which you must appear in person and you will be asked if you still want to separate. If reconciliation fails, the process continues with the approval. The approval is control over the compliance and compatibility of the separation agreements and the law gives full effect to the separation agreements.

The past three years can apply for divorce that allows the dissolution and termination of the civil effects of marriage.

As for your permission to keep in mind that if at the time of renewal there is no longer living with your husband, permission will be withdrawn because you do not have most of the requirements for which the permit was issued to you.

But in your case, since it already works, you should convert your permission: you have to ask now that the conversion of your residence permit for family reasons on business.

In this way you will receive a new residence permit for employment purposes.

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