Divorces in Poland: Are you looking for an experienced lawyer specializing in divorces in Poland? Our legal office of an attorney-at-law in Polandoffers comprehensive legal services in the field of divorces. If you’re interested in a free estimate or scheduling a meeting, please fill out the form or contact a lawyer by phone.
In the following article, information regarding the divorce process in Polandis presented. The article focuses on explaining practical aspects related to conducting divorce proceedings. It has been divided into sections that succinctly present the most important issues. The content of the article is based on the many years of experience of our law firm’s lawyers in conducting divorces in Polandand other locations. We invite you to read it.
How does divorce proceed in Poland?
Divorce proceedings are a court process aimed at formally ending a marriage. In Polish law, there is no other way to terminate a marital union. In Krakow, divorce proceedings are conducted in the family division of the District Court, located at 7 Przy Rondzie Street – near Mogilskie Roundabout.
Below is a general description of how divorce proceedings can proceed, whether in Krakow or another district court in Poland. It also addresses questions often associated with such proceedings, such as how long one has to wait for a divorce, how much a divorce costs, and how much an attorney or legal advisor costs in a divorce case.
Consultation with an attorney in Poland
The divorce process usually starts with a meeting with an attorney or legal advisor, who, after carefully listening to their client, helps determine the steps to take and the necessary documents for conducting the divorce proceedings. Below is the continuation of the article: Divorces in Poland.
Divorces are often a difficult and emotionally burdensome process. Our team of experienced lawyers understands the sensitivity of such matters and strives to provide the best support to our clients.
Most often during court proceedings, each party is represented by their own attorney or legal advisor. Such an arrangement ensures procedural balance. An effective attorney or legal advisor will diligently gather necessary information about their client’s situation. Subsequently, they will prepare legal documents, such as a lawsuit or a response to a lawsuit, in which they comprehensively present the claims and their justifications.
The document prepared by an effective lawyer should be based on a thorough understanding of the client’s situation, legal provisions, and procedural experience. Below is the continuation of the article: Divorces Poland.
Would you like to learn more about what a first meeting with a lawyer looks like? We invite you to read our article: ‘First Meeting with a Lawyer in Poland‘
Filing a divorce lawsuit
Filing a divorce lawsuit is a formal step that initiates the proceedings. In the lawsuit, the legal advisor or attorney specifies the reasons for the divorce and presents all claims, including whether the request concerns assigning fault, custody of children, visitation rights, or even alimony. The lawsuit is the first and essentially the most important procedural document. It must be prepared in the appropriate manner as defined in the provisions of civil procedure.
A well-prepared lawsuit helps save time associated with court proceedings. If it does not contain errors or formal deficiencies, the judge will not issue requests for its supplementation and will immediately send it to the other party and set a hearing date.
Response to the lawsuit
After filing a divorce lawsuit, the court will send a copy of the lawsuit to the other party and oblige them to submit a response within two weeks. In response to the lawsuit, the attorney or legal advisor will indicate whether their client agrees with the lawsuit’s claims, opposes them, and to what extent. The lawyer will also provide legal reasoning and, if necessary, submit relevant evidentiary motions.
Submitting a response to the lawsuit is subject to a procedural deadline. Therefore, the court documents should be promptly provided to one’s lawyer to ensure the correct response is prepared within the set timeframe.
Divorce trial in Poland
In the next step, the court will schedule a trial during which the parties can present their arguments and evidence. The attorney or legal advisor will be present in court with their client and will ensure the protection of the client’s interests, presenting any procedural matters requiring legal knowledge.
An effective lawyer will also present their claims convincingly and conduct evidentiary proceedings correctly. The court will also listen to both spouses.
How much does a divorce cost in Krakow?
In every court, including the District Court in Krakow, the fee for filing a divorce lawsuit is fixed at 600 PLN. Proof of payment must be attached to the lawsuit; otherwise, the court will request formal supplementation.
If the parties cannot afford the court fee, they can apply for an exemption from the fee. In such cases, a detailed description of the financial situation should be provided, along with relevant documents. It might also be required to provide bank account statements.
How much does an attorney or legal advisor cost in a divorce case?
The cost of a single legal consultation is around 200 PLN.
The comprehensive fee for an attorney or legal advisor in a divorce case starts at approximately 4000 PLN. The fee depends on the number of contested issues and the scope of actions taken. The fee’s amount is also influenced by whether fault in the breakdown of the marriage is being determined. After establishing the fee arrangements, the attorney or legal advisor will handle all matters, from filing the lawsuit to representing the client in court. They will also respond to the situation during court sessions, protecting the client’s interests.
In addition to the court fee and attorney or legal advisor’s fee, there are usually no additional fees to consider during a divorce.
How long does one wait for a divorce in Poland?
From the filing of the lawsuit for example in the District Court in Krakow, the waiting time for a trial is usually between 6 and 12 months. During this time, the court will issue a decree and assign a case number. Subsequently, the court will send the lawsuit to the other party and, upon receiving a response, schedule a trial date.
Proceedings without determining fault usually result in a faster process and may conclude during the first trial session.
Proceedings in which the court is obligated to determine fault in the breakdown of the marriage take longer. Such proceedings require evidence, often in the form of witness testimonies and possibly document collection. Such proceedings typically last between 12 and 24 months.
Where to file a divorce lawsuit in Krakow?
A divorce lawsuit must be filed with the District Court in Krakow, 11th Civil and Family Division. The court is located at 7 Przy Rondzie Street, 31-547 Krakow, near Mogilskie Roundabout.
Link to the official website of the District Court in Krakow: [Link]
Mediation in Krakow
In cases where there is a chance for spouses to reach an agreement on issues such as child custody or alimony, the court may refer the parties to mediation. Often, attorneys or legal advisors will also contact the opposing party’s lawyer to assess whether the spouses can amicably settle the disputed matters.
Divorce verdict in a Krakow court
After concluding the proceedings, the court will make a decision regarding the divorce and related matters. If dissatisfied, a party can file an appeal with a higher instance court; otherwise, the court’s verdict becomes final and binding on the parties.
Termination of marriage in Poland
After completing the divorce proceedings, the marriage is formally dissolved, and the parties are legally divorced. The court’s verdict is sent to the Civil Registry Office, where the registrar makes the appropriate annotation in the marriage record.
Division of joint property after divorce.
The dissolution of property is also associated with the issue of dividing property accumulated by the spouses during the marriage. Below is the continuation of the article: Divorces Poland.
For more on this topic, you can find a comprehensive article on our website. We invite you to read: ‘How to Divide Property After Divorce in Poland?’
Article: Divorces Poland- Summary
It is worth noting that the course of divorce proceedings may vary depending on many factors, such as establishing fault in the breakdown of the marriage, the presence of children, or the level of cooperation between the parties. Often, the divorce process is difficult and emotionally demanding. Therefore, many couples opt for an effective attorney or legal advisor to avoid a lengthy and contentious court process. In this context, parties and their lawyers often meet outside the courtroom to seek agreement and amicably resolve the matter.
Divorces Krakow. If you’re interested in a free estimate or scheduling a meeting, please fill out the form or contact a lawyer by phone.”
