Proper Divorce Documents

[Luca722]

Hi all,

I'm one step away from completing my application. A bit confused on one thing, however.

Since my parents are divorced, I provided a Certificate of Divorce Absolute. The consulate also wants a Certificate of Divorce Judgement NACI and a Copy of Agreement.

Does anyone know what the NACI is and also, why is this all necessary?

[peggymckee]

The consulate also wants a Certificate of Divorce Judgement NACI and a Copy of Agreement.

I think you mean "nisi" not "naci".

A decree nisi (non-absolute ruling) is a ruling by a court that does not have any force until such time that a particular condition is met. ...

Not knowing what state your parents were divorced in, my answer will be very general. Typically, the parties sign a separation agreement, then get a judgment of divorce (sometimes called decree nisi) and then at a certain point the divorce becomes final. It sound like you presented a document stating that the divorce was final (Certificate of Divorce Absoute). . As for why the Consulate wants the other documents--divorce law is different in Italy and they want to know if the foreign (ie US) divorce conforms to their laws.

All the best, Peg

[Luca722]

Hey Peg,

Thank you for the clarification and explanation! Now I know what to get.

One question though,

"As for why the Consulate wants the other documents--divorce law is different in Italy and they want to know if the foreign (ie US) divorce conforms to their laws"

Can you explain further. What if it doesn't conform?

[peggymckee]

What if it doesn't conform?

Sorry, but I don't know. Here's a link to the Boston Consulate page where "foreign" divorces are discussed.
http://www.consboston.esteri.it/Consola ... to_civile/

[PeterTimber]

Ask Sonia Alioto with a no charge e-mail to Italian Law @Comcast.net. Her firm in San Francisco are experts in Italian relaEstate law and consular documents. The website is www.Italianlaw.net. =Peter=

[Luca722]

I am applying for Citizenship through my Paternal line.

Though I am over 18, my parents got divorced when I was 15. I believe my mother had physical custody while my father had joint custody.

Do you think this is an issue and if so, something they'll check into?

[peggymckee]

my parents got divorced when I was 15.

I believe that the Consulate is concerned that your parents were married when you were born. I would be surprised if custody came into it. But honestly I don't know. There is a lot about "Divorce Italian Style" that doesn't really make sense to me.

I know that the Consulates aren't exactly forthcoming--but try to find out what they are looking for before you give them the documents. And if you do find out--please post it here. It helps others! All the best, Peg

[Luca722]

Great suggestion! I would like to know their reasons for these documents them before I submit such personal information.

I will be sure to post my findings!

Thanks again!

Luca

[peggymckee]

Dear Luca,

I'm divorced myself--and I don't see why the Consulate needs your parents' separatation agreement. And that's the document that has all kinds of personal and financial information in it--that has nothing to do with eligibility of Italian citizenship. The decree nisi and decree absolute are another matter--because they establish dates. But the separation agreement is about division of property and custody.

Well, keep us posted. All the best, aPeg.

[peggymckee]

Dear Luca,

I'm divorced myself--and I don't see why the Consulate needs your parents' separatation agreement. And that's the document that has all kinds of personal and financial information in it--that has nothing to do with eligibility of Italian citizenship. The decree nisi and decree absolute are another matter--because they establish dates. But the separation agreement is about division of property and custody.

Well, keep us posted. All the best, aPeg.