Divorce Same Marriage

The divorce process is exactly the same, for heterosexual couples, as for homosexuals. If there are minor children in charge of the marriage, the measures to be taken in respect of these minors are the same as for heterosexual couples.

There is the possibility of filing the divorce of Mutual Agreement; and if we do not reach such an agreement, we will be faced with a disputed procedure. In both cases we will need a lawyer and solicitor mandatory.

But what if the marriage is homosexual and consists of two women, one of them being the egg donor and the other the pregnant mother? In these cases, who is assigned custody and who is assigned the visitation regime?

The trial court resolved the issue through a judgment as follows: it attributed custody and custody of the young children to the pregnant mother and established a progressive and controlled visitation regime at the Family Encounter Point with the non-pregnant mother, donor of implanted eggs.

If in addition to the rupture, there is total and absolute absence of communication or relationship between the parties, the best interest of the children is always sought.

Thus, the Hearing provides that litigants may proceed to appoint a parenting coordinator, who must qualify as a mediator specializing in child psychology and in coordination of parentality, in order to facilitate them the appropriate support for the development of a parental plan that allows to act for the benefit of children. This intervention should be parallel to the therapeutic treatment of minors and the resumption of maternal/paternal-subsidiary relationships with the non-custodian mother/father immediately at the Family Encounter Point.


In order to facilitate communication between spouses and make it easier to break the marriage bond, the ToscanoLex team is at your disposal. As family law experts, we will advise you on all legal aspects of separation and divorce.

951 204 595