Is it difficult to get a divorce in Poland?

19.06.2024

Is it difficult to get a divorce in Poland?

According to Polish divorce law, you can only get divorced in Poland through a court. It is not possible to obtain a divorce from a notary, a government office, or based on an agreement between spouses.

Importantly, there is no mandatory separation period required to get a divorce in Poland (unlike Italian law, which requires a separation period before filing for divorce).

According to Polish law, it is possible to obtain a divorce even at the first hearing. However, sometimes the divorce process can take several years.

It can happen that both spouses want to divorce as quickly as possible. Sometimes, both spouses are already in new informal relationships and everyone wants the court to issue a divorce as soon as possible. No one is interested in establishing the fault of the spouse in the divorce, which significantly speeds up the process.

However, if both spouses or one of them decide on a divorce with the court determining the fault for the breakup of the marriage and want to call numerous witnesses, then the case takes longer.

If there are minor children, the proceedings can also be prolonged if there is no agreement between the spouses on who will be the “primary parent” with whom the children will permanently reside, as well as the amount of child support.

Sometimes one spouse informs the court from the beginning that they do not agree to the divorce. The lack of consent from one spouse does not necessarily mean that the Polish court will not grant the divorce. If the case files show that it is better for the parties to be granted a divorce, the Polish court will do so despite one spouse’s opposition. Therefore, it is important to be well-prepared for a divorce case, and it is best to use the experience of a professional lawyer rather than relying on chance.

The longest waiting time for a hearing is in Warsaw. In other cities, such as Wrocław, Opole, Łódź, and Kraków, it is about 2.5 months; in Lublin, Kalisz, and Koszalin, 1.5 months; in Gdynia, Szczecin, and Poznań, about 3 months; and in Katowice, about 3.5 months.

The basic principle for filing for divorce is the permanent and complete breakdown of the marital relationship. In such a case, either spouse can request the court to dissolve the marriage.

When is divorce in Poland not permissible? You should also know that a divorce will not be permissible if it would harm the welfare of the spouses’ minor children or if, for other reasons, the divorce would be contrary to the principles of social coexistence.

Divorce in Poland is also not permissible if it is requested by the spouse who is solely at fault for the breakdown of the marriage, unless the other spouse agrees to the divorce or the refusal of consent is contrary to the principles of social coexistence.

In conclusion, it is not difficult to get divorced in Poland and 90% of divorce petitions filed with courts in Poland end in divorce. With statistics showing that in divorce cases, more than 80% of married couples opt for the assistance of a Polish lawyer.

Regarding a quick divorce in Poland, this article is worth reading.