How to get divorced in Poland? See a step by step guide.
1. Make a decision
First, think not so much about getting a divorce, but whether you want to do it. Making a decision is not easy, it often requires time, many thoughts, talks with relatives, therapists, often with your spouse. However, this is the first and most important step to divorce. Thinking through your decision will help you smoothly and confidently take over the next stages of divorce.
2. Individual consultation with a lawyer.
Nowadays, you can divorce yourself. You can read on internet forums and in the press about other people’s divorce experiences. You can find patterns of claims and advice from lawyers. However, it is worth remembering that divorce is a very serious life decision, the effects of which will be felt for many years, and sometimes for the entire life. There are no two identical relationships, the problems affecting spouses are also different and have different origins. It is therefore worth discussing your individual personal situation with a professional who, knowing the circumstances of a specific case, will advise the best possible solution – individually prepared for this specific case.
3. How do I get divorced in Poland? – Talk to your spouse
Before filing for divorce, it’s a good idea to talk to your spouse. Inform about the decision made and explain its reasons. Give the other side some time to get used to the breakup. Obtaining information that the spouse wants a divorce through the court – can be a shock, it intensifies regret and many other negative feelings that disturb the ability to think rationally and become a serious obstacle to an efficient and harmonious separation.
4. Determining the conditions of divorce
It is worth knowing that in the event of a divorce, the parties have a great influence on the content of the decision. With proper preparation, we can present a common, consensual position to the court that will allow for obtaining a divorce satisfactory for both parties. Not only the question of the fault itself in the breakup of a relationship, but also the issues of childcare, parental authority, contacts or alimony, and even the burden of the costs of proceedings, depend on the will of the parties concerned. Agreeing on the terms of divorce allows you to go through the trial in court quickly and stress-free and start a new life in harmony.
Agreeing on the terms of a divorce is not easy. The emotions that spouses experience when a relationship breaks up are often too strong and too fresh to have a constructive conversation. In such a case, a mediator – an impartial person whose task is to help the parties to determine what is important to them, where their positions converge and what is the source of the dispute – works perfectly well. Even if the mediation is not successful, it allows you to better understand the spouse’s motivation and mindset, which allows you to look at the problem from a completely different perspective and is a good starting point for further proceedings.
6. How to get divorced in Poland? Through the lawsuit
Preparation of a divorce petition does not require the assistance of a lawyer, however, commissioning a case to a professional attorney – facilitates and speeds up the consideration of the case by the court. Every element of the lawsuit is important. Proper indication of claims, their appropriate justification, allows you to clearly and clearly present the situation of the spouses in court, which is necessary to obtain a satisfactory decision.
In a divorce petition, as in any letter sent to the court, you should focus on the specifics and avoid unnecessary emotions. The court is guided by the letter of the law – not by emotions. It is often difficult for parties to avoid personal content that not only blurs the message, but often provokes the other party who “in retaliation” presents an equally emotional, own version of specific events and situations. As a consequence, an amicable settlement of a case becomes very difficult, if not impossible. Court proceedings last for several years and can be devastating for both the parties to the proceedings and their relatives.
7. Preparation for the hearing
Very often the divorce hearing is the first meeting with the judiciary for the parties. The necessity to stand before the Court causes anxiety, fear and shyness. It is worth taking a few minutes to feel good and confident at the trial. For this purpose, it is best to talk to your own attorney who will answer any questions and dispel doubts.
8. Court hearing
If we have successfully completed all of the above steps – a court hearing is basically a formality, especially if we have successfully worked out common conditions for divorce. However, even then, it is worth using the help of an attorney or legal advisor. A professional attorney will not only allow us to effectively present our position in court, but also provide the necessary emotional support. It will make us feel more confident and safer in this unusual situation.
In the vast majority of divorce cases, in which the parties have applied for an unanimous dissolution of the marriage, the court verdict is issued immediately after the trial. The presence of the parties is not necessary and does not suspend the pronouncement of the judgment, but in most cases the spouses want to hear the court’s judgment and hear its justification. For many, this is a very difficult moment – when divorce is no longer a goal, it becomes a fact.
10. The judgment becomes final
Although the announcement of a divorce judgment is sometimes perceived as the end of the marriage, only the final decision of this judgment in the light of the law results in a definitive breakdown of the relationship. If neither of the parties contest the court’s judgment, considering it to be correct, after 7 days from its publication, the judgment becomes legally binding, and its copy is sent to the Registry Office, which makes appropriate annotations.
Officially, the marriage is considered dissolved and all legal ties between the spouses cease to exist.
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