How to obtain a Quick Divorce in Poland?

11.08.2023

How to obtain a Quick Divorce in Poland?

Every client of ours asks during the initial meeting how quickly they can get divorced in Poland. There isn’t a single answer to this question, as each client’s situation is unique. However, it’s worth remembering that there are several factors that determine whether a divorce will happen and if so, how quickly.

Here are the main ones:

1. Are you certain that you want to get divorced?

For a divorce to take place, it is necessary to demonstrate to the court that there has been a breakdown of three bonds between spouses:

– economic (meaning the spouses no longer share a common household),
– emotional (being prepared to explicitly state in court, ‘I don’t love her’ or ‘I don’t love him’),
– intimate (at least six months have passed since the last intimate contact between the spouses).

If the breakdown of any of these mentioned bonds hasn’t occurred, a divorce will not be granted by the Polish court.

2. Do you want to allege fault in the marriage breakdown?

If there is a deep conflict between spouses and one or both parties intend to file for divorce based on the fault of the other spouse, they must be prepared for a lengthy procedure. Proving fault requires gathering detailed evidence and often involves calling several witnesses to testify. This leads to a fault-based divorce never being a quick process.

3. Is the child support amount agreed upon? Where will the child live after the divorce?
If divorcing spouses in Poland have minor children together, the court must also decide on their situation in the divorce judgment. Two key issues are the amount of child support and the child’s place of residence. If the spouses do not agree on these matters, the court will need to conduct an in-depth evidentiary proceeding regarding the financial and personal situation of both parties, possibly involving a psychologist expert to assess the parent-child relationships.

4. Do you want to divide the marital property during the divorce proceedings?
Generally, the marital property regime in Poland ceases with the dissolution of the marriage. If the parties have acquired shared property during the marriage, they can divide it during the divorce process or in a separate property division case. Property division always prolongs the proceedings, so it’s worth considering whether it’s better to resolve these matters after the divorce.

5. Are you capable of preparing the divorce petition correctly on your own?
The divorce petition in Poland is a formal legal document that must adhere to legal requirements. If it’s not properly prepared, the court will request rectification of the deficiencies, and in some cases – due to severe errors – the case might not progress at all. Each procedural deficiency results in extending the proceedings by at least 1.5 months.

For this reason, we encourage our clients to seek the assistance of divorce lawyers in Poland. Our attorney’s help can entail full representation throughout the proceedings or solely aiding in drafting a proper divorce petition, which the client will sign on their behalf.