How to get a quick divorce in Poland?

Every one of our clients at the first meeting asks how quickly they can get a divorce in Poland. There is no single answer to this question, as each client’s situation is individual. However, it is worth remembering that there are several issues that determine whether a divorce will happen, and if so, how quickly.

Here are the main ones:

1. Are you sure you want a divorce?

In order for a divorce to occur, it must be shown before the court that 3 ties have broken down between the spouses:
– economic (i.e., the spouses do not share a household),
– emotional (i.e., one must be ready to directly declare before the court “I don’t love her” or “I don’t love him”),
– and intimate (i.e., at least six months have passed since the last intimate rapprochement between the spouses).
If there has been no breakdown of any of the above-mentioned ties, a divorce court in Poland will not pronounce a divorce.

2. Do you want to file for a determination of fault in the breakdown of the marriage?If there is a deep conflict between the spouses and one or both parties intend to file for divorce based on the fault of the other spouse, they must expect the length of such proceedings. Proving fault requires gathering detailed evidence and usually involves calling at least several witnesses in the case. This causes that a divorce with an adjudication of guilt is never a quick divorce.

3.  Is the amount of child support compatible? With whom will the child live after the divorce?

If divorcing spouses have minor children in common, the court must also decide on their situation in the divorce decree. Two key issues are the amount of alimony and where the child will live. If the spouses do not agree on this, then the court will have to conduct a detailed investigation of the parties’ property and personal situation, including the appointment of an expert psychologist to assess the parents’ relationship with the child.

4. Do you want to divide the joint property in divorce proceedings?

As a rule, with the dissolution of marriage, the joint property of the marriage ceases. If the parties acquired joint property during the relationship then they can divide it during the divorce trial or in a separate property division case. The division of marital property always prolongs the proceedings, so it is worth considering whether it is better to settle these issues after the divorce.

5. Are you able to prepare a divorce petition well on your own?

A divorce petition is a formal legal writing that must conform to the rigors imposed by the law. If it is not prepared properly, the court will call for deficiencies in the proceedings and sometimes – due to serious errors – may not give the case any further course at all. Each formal deficiency extends the proceedings by at least 1.5 months.

For this reason, we encourage our clients to take advantage of the professional assistance of divorce lawyers. An attorney’s assistance can mean a comprehensive service and representation throughout the proceedings, or assistance only in writing a proper divorce petition, which the client will sign on his or her behalf.

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