During the pandemic, the courts recorded a large increase in the number of lawsuits received divorce. The decision to end a marriage was often prompted by conflicts between the spouses caused by a deterioration in their financial situation, health problems, or even limited ability to leave the house. Let’s not kid ourselves: the time spent confined together, often in a small space, has proved rather conflict-prone.
Either spouse may bring a case before the court divorce petition. However, for the claim to be successful and for the court proceedings to be as brief as possible, it is important to bear in mind a number of key elements that every divorce petition should contain.
What exactly is divorce?
Divorce is a legal institution that allows you to dissolve a marriage while the spouses are still alive (marriage also ends when one of the spouses dies). Divorce process its purpose is to bring order and minimize the consequences of the dissolution of a marriage. This means that during the divorce process, a number of matters related to the spouses' current life together are determined, such as the division of joint property or custody of minor children. The divorce process begins when the divorce petition is filed with the court.
How long does a divorce take in Poland?
The answer to the question of how long a divorce case takes is, of course, not straightforward. Courts usually (as there are no fixed rules here) schedule the first divorce hearing between 3 and 9 months after the divorce petition is filed with the court. The date of the first hearing also depends on how quickly the other spouse responds to the petition.
Many factors influence the length of the court proceedings in divorce cases. The main ones include:
type of divorce: with or without a finding of fault;
having common minor children by marriage;
marital property;
timely appearance of parties and witnesses at hearings;
number of witnesses scheduled for examination;
The most common type of divorce granted in Poland is a no-fault divorce. A case concerning divorce without a finding of fault It may be finalised as early as the first hearing if the spouses agree on the divorce and do not have any minor children together. Even spouses with joint minor children can obtain a divorce fairly quickly if they agree on the arrangements for the children’s care.
In contrast, cases concerning divorce with a finding of guilt They can last for years. The court then endeavours to consider the arguments of each party and the evidence presented by the spouses, and must often hear dozens of witnesses called by the parties. Only after analysing all the evidence gathered in the case will the court issue a divorce decree.
In the case of a fault-based divorce, the divorce proceedings usually last from 1 year to up to 5 years. Furthermore, obtaining a divorce decree at first instance – in the district court – does not always mark the end of the divorce proceedings. Either spouse who is dissatisfied with the divorce judgement has the right to appeal against it by lodging an appeal with the court of appeal. An appeal prolongs the divorce proceedings by further months or even years.
To summarise: the court, too, is keen to resolve the case as quickly as possible, whilst ensuring it is dealt with thoroughly and fairly. If the divorcing spouses – despite their emotions – assist the court by refraining from contradicting one another in their written submissions and at the hearing, and by agreeing on as many issues as possible between themselves beforehand, the divorce can be finalised more quickly. However, if the parties wish to divorce Instead of divorcing, the case may unfortunately drag on for much longer.
As for significant news, during the pandemic in Poland, it is increasingly possible to carry out divorces without a court hearing, solely on the basis of written statements and the parties' positions. However, this procedure is reserved exclusively for the simplest, least complicated, and least contentious cases.
How much does a divorce cost?
How much does a divorce cost?? The cost of divorce proceedings depends on a number of factors – including the type of divorce sought, the complexity of the case and whether you decide to engage a professional solicitor.
Firstly, the party bringing the action (i.e. the one filing the divorce petition) must pay a court fee. The divorce filing fee is PLN 600. This amount can be paid at the court’s cash desk or by bank transfer to the designated bank account of the relevant district court – these details can be found on their websites. Please note that proof of payment (a receipt from the court cashier’s office or a bank transfer confirmation) must be attached to the petition.
In the case of a no-fault divorce, the claimant actually pays 150 zł in court fees, as once the proceedings are concluded, the respondent spouse reimburses the claimant 150 zł, and the court issues an order requiring the defendant to reimburse a further 300 zł of the amount paid.
If, at the request of either party, the court issues a judgement finding one spouse solely at fault, that spouse – the losing party – bears the full court costs, that is, the cost of the claim as well as any other possible costs (e.g. the cost of an expert witness). Therefore, PLN 600 claim fee is refunded to the account of the spouse who filed for divorce, but the court granted the divorce on the grounds of the sole fault of the person against whom that spouse brought the proceedings.
It is also possible to obtain an exemption from court fees — an application for exemption must be submitted together with a statement of the claimant’s income and financial circumstances.
Furthermore, if the spouses are unable to reach an agreement (for example, in the form of a contract) regarding the division of joint property, a court-ordered division of property will be necessary. The cost of dividing the spouses’ property in court will be 300 zł – in the case of an uncontested division – or 1,000 zł if the division is contested.
When deciding on the division of property forming part of the joint estate, it is worth opting for a court-ordered division, as this is likely to prove cheaper than a division carried out before a notary. On the other hand, we have recently observed a positive trend – spouses, wishing to avoid unnecessary litigation in this regard, meet with a notary in advance and divide their assets between themselves by mutual agreement.
This also significantly speeds up court proceedings – after all, court involvement is only necessary where the parties to the case are unable to reach an agreement, and, of course, regarding the divorce itself.
Any legal doubts related to divorce certainly will be resolved by a professional representative – Legal Counsel or a solicitor – who will also advise on the most effective litigation strategy for the situation and handle the divorce proceedings. It should be borne in mind that the party who loses the case (if, for example, one of the parties applies for a divorce on the grounds of the other party’s sole fault and wins the case), will reimburse a small portion of the other party’s legal fees (at the current rate set out in the aforementioned Ministry of Justice regulation, currently 720 zł). The actual fee for a professional solicitor to handle a case ranges from 1,000 to as much as 20,000–30,000 zlotys. However, we know from experience that the benefits to the parties resulting from engaging a professional are often significantly greater.
Other possible costs associated with a divorce case include:
the mediator’s fee, should the spouses decide to use mediation (costing approximately 50–200 zł per hour per person);
remuneration of the family guardian if the court orders a community interview (cost approximately PLN 80);
additional court costs in the event of awarding alimony (depending on the amount of alimony awarded);
In the case of cases without a finding of guilt, as a rule, neither party reimburses the other party's attorney's fees.
Which court hears divorce petitions?
The first step in preparing a divorce petition is to designate the court to which the petition is to be submitted. The competent court to hear a divorce petition is: district court, in whose jurisdiction both spouses were resident, provided that at least one of them is resident or is staying within that court’s jurisdiction. Furthermore, a change of residence after the divorce petition has been filed does not result in a change of the court hearing the divorce case.
Example: The couple lived in Śródmieście in Warsaw. After the separation, the wife lives in Ryki, and the husband still lives in Warsaw, but in Ursynów. The divorce petition should be filed with the District Court in Warsaw because the spouses' place of residence was within the district of this court and one of the spouses, the husband, still lives in the district of this court. If the spouses did not have a common place of residence or neither of them lives there anymore, then the lawsuit must be filed with the court having jurisdiction over the place of residence of the defendant spouse. If his place of residence cannot be determined, the lawsuit is filed with the court of the place of residence of the plaintiff spouse.
Example: The spouses lived in Śródmieście, Warsaw. Following their separation, the wife lives in London and the husband in Kraków. The wife is filing the petition. The divorce petition must be filed with the Regional Court in Kraków, as neither spouse now lives in their shared flat in Warsaw, and the defendant husband’s place of residence is within the jurisdiction of the Regional Court in Kraków.
Identification of the parties to the proceedings
The next step in drafting a petition for divorce is to identify the parties to the proceedings, namely the petitioner (the spouse who is filing the petition and seeking a divorce) and the respondent (the spouse from whom the petitioner wishes to divorce).
The petition must include the following details for each spouse:
first name and last name;
current residential address;
PESEL number;
Demand in a divorce petition: divorce – with or without a finding of fault
The petition must set out the claim, i.e. specify what the spouse is seeking on that basis.
First and foremost, it must be stated whether the court is to dissolve the marriage on the grounds of the defendant’s sole fault, or whether the claimant is seeking a no-fault divorce.
The court may rule:
divorce without a finding of fault;
divorce due to the sole fault of one of the spouses, that both spouses are guilty of the breakdown of the marriage;
divorce due to the fault of both spouses;
Divorce without a finding of fault is statistically easier to obtain, as well as several times faster and cheaper.
In contrast, a divorce with a declaration of exclusive fault only allows for slightly easier pursuit of alimony from the former spouse and for a longer duration. In the case of a judgment without fault or a divorce with the fault of both parties, the spouse can only claim alimony if they fall into destitution. A significant disadvantage is that a case with a fault judgment usually concludes much later.
However, if the court determines that only one of the parties was at fault in the breakdown of the marriage, the innocent spouse can claim alimony regardless of whether they are in destitution. It is sufficient that the divorce results in a significant deterioration of the innocent spouse's financial situation. Courts distinguish between these states – destitution is a situation where one cannot meet basic life needs (shelter, food), while a significant deterioration of the financial situation means a significant change compared to the situation before the divorce.
However, if the spouse considering divorce realises that they are also at fault for the breakdown of the marital cohabitation, or simply knows that their financial situation will not significantly worsen after the divorce (especially compared to the other spouse), they should first consider a petition for divorce without a declaration of fault.
Satisfaction from a judgment of the other party's fault usually gives way to exhaustion and a desire to close the case as quickly as possible after several years of proceedings. From the professional experience of lawyers, it is very rare to encounter clients who, after several years, do not regret the emotionally driven decision to seek a divorce with a declaration of the other party's fault.
Example: If one spouse has been unfaithful and the other has turned to alcohol as a result of their partner’s infidelity, the court will most likely rule that both parties are to blame for the breakdown of the marriage. Consequently, there will be no grounds for awarding maintenance on the basis of a significant deterioration in financial circumstances. If one spouse wishes to claim maintenance from the other, they will have to prove that they are in need.
NOTE: a decision on the guilt of one of the parties in a divorce case generally has no impact on the division of property or the amount of child support!
In the statement of claim, the claimant should also specify what evidence they wish to adduce in the case – for example, a spouse may wish to call witnesses to give evidence in the case. The claimant must also indicate the specific fact to which the evidence relates.
Example: The claimant requests that the evidence of Jan Kowalski – a private detective – be admitted to confirm her husband’s marital infidelity.
It should be borne in mind, however, that calling witnesses usually significantly prolongs the proceedings and is necessary only in cases where evidence – for example, regarding the fault of one of the parties – cannot be obtained by any other means.
How to get a divorce successfully – or how to draft the grounds for a divorce petition
The main part of a legal claim is its justification. In the justification section of a divorce petition, the spouse filing the petition (the claimant) states why they wish to divorce the other spouse (the respondent).
Every divorce petition should contain certain information about the spouses' life together and the circumstances that prove the breakdown of the marriage.
These should include:
date and place of marriage;
the course of the marriage;
substantiation of the permanent and complete breakdown of marital life;
For the court to grant a divorce, it must be proven that it existed between the spouses complete and irretrievable breakdown of marital life.
A complete breakdown of the marriage occurs when all marital bonds between the spouses have ceased, i.e. the emotional bond, the physical bond and the financial bond. It should be emphasised that where the spouses are linked solely by an economic bond, the court is highly likely to grant a divorce. On the other hand, even sporadic physical relations between the spouses generally mean that the breakdown of the marriage is not yet complete.
In turn, a permanent breakdown of the marriage means that the lack of a bond between the spouses has persisted for so long that there is no longer any chance of rebuilding the marriage. In practice, a necessary condition for finding that a permanent breakdown of the marriage has occurred is that at least several months must have elapsed since it began.
Example: The spouses live together, but for years they have had no emotional or physical ties and have been running separate households. In the example cited, there has been a permanent and complete breakdown of the marriage – although the spouses live in the same house, there are no close ties between them that characterise a marriage. However, the Court may wish to ascertain whether they occasionally share a bedroom or the contents of the fridge.
Example: The spouses have no physical relationship and do not run a joint household; however, they attend social gatherings together and provide mutual assistance during illness – in the form of shopping, for which they reimburse each other. In the example cited, there has been a permanent and complete breakdown of the marriage – they maintain a civil relationship, but there are no mutual marital feelings between them.
If only a short time has passed since the spouses separated, the court may consider this to be merely a temporary crisis in the marriage, rather than a permanent breakdown of the marriage. In such cases, the court may refer the spouses to mediation, which may prolong the court proceedings by as much as several months. In exceptional circumstances, however, it may be accepted that the breakdown of the marriage occurred suddenly and irreversibly – for example, following an assault on a spouse.
Furthermore, the court will not grant a divorce if the divorce decree would be contrary to the best interests of any minor children of the couple or to the principles of social coexistence. The concept of the child’s best interests should be understood to encompass their physical and spiritual development, as well as the minor’s financial interests
Importantly, a spouse who is solely at fault for the breakdown of the marriage will not be granted a divorce without the consent of the other spouse, unless the refusal to consent to the divorce expressed by the innocent spouse is contrary to the principles of social coexistence. In practice, of course, refusing to give such consent makes little sense – for it is impossible to compel that spouse to do anything. All one can do in this way is prevent them from starting a ‘new’ life.
Example: In 2020, Anna Kowalska filed for a no-fault divorce from her husband, whom she had married in 2005, after she was caught cheating. Her husband did not consent to the divorce. He forgave his wife for her documented marital infidelity and declared that he still loved her. He argued that he was not to blame for the temporary breakdown of the marriage. Furthermore, he stated that he wished to continue his marriage to Anna Kowalska. In such circumstances, the District Court may dismiss the application for divorce filed by Mr and Mrs Kowalski.
There are three main categories of reasons for the breakdown of a marriage:
culpable (e.g. adultery, violence, aggression, humiliation of a spouse);
not at fault (e.g. difference of characters);
reasons that may be considered - depending on the circumstances - culpable or not culpable (e.g. conflict with the spouse's family, infertility, significant age difference between spouses).
The court assesses, on the basis of the circumstances of the case, whether the breakdown of the parties’ marriage is permanent and complete. If the parties cite trivial grounds for the breakdown of their marriage, and the court finds no other substantially valid reasons for the breakdown, the application for divorce may be dismissed on the grounds that the breakdown is not complete.
What documents should be attached to the divorce petition?
The divorce petition must be prepared in two copies - both copies are submitted to the court - one is for the court, the other for the defendant spouse. Each copy must be signed. Both copies of the claim should be accompanied by, among others: the following attachments:
an abbreviated copy of the marriage certificate (preferably not older than 3 months);
abridged copy of the birth certificate;
proof of payment of the court fee in the amount of PLN 600;
the petition can also be accompanied by an agreement between the spouses on how to exercise parental authority, which will significantly speed up the divorce proceedings, or, for example, documents confirming earnings and living costs - if the alimony obligation will be determined in the case;
other evidence justifying the circumstances cited in the case.
Please note that we attach the original documents to the original statement of claim, whilst we attach photocopies to the duplicate (the second copy of the statement of claim).
We provide a standard template for a statement of claim for divorce. In practice, however, it will be much quicker and simpler to seek help from a professional – they will simply make fewer mistakes, thereby enabling you to get through this unpleasant but necessary process as smoothly and efficiently as possible.
Divorce is undoubtedly a far more significant event in your life than, for example, having your car repaired; given that most of us leave such matters to professionals, we recommend that you also entrust this to experts – solicitors and barristers specialising in family law.
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