The court may adjudicate divorce only after examining the matter in a trial. In a divorce case one of the spouses files for divorce against the other spouse. It must be proved that a complete and irretrievable breakdown of the marriage has occurred in emotional, physical and economic terms. However, the court will not adjudicate divorce if it might be prejudicial to the good of the spouses' common minor children, or if, for other reasons, adjudication of divorce would be contrary to the principles of community life. Additionally, divorce will not be granted if it is requested by the party solely responsible for the breakdown of the marriage, unless the other party consents to divorce or if denial of such consent would under the given circumstances be contrary to the principles of community life.
The court charges an up-front flat fee of PLN 600. If you affix court fee stamps to the amount of PLN 600 to your divorce petition, the proceedings will be accelerated. There are additional fees when child support/maintenance, division of residence, eviction, or division of property is involved. (see costs)
Course of proceedings
The court examines the case in a trial (consisting of one or more hearings). The court always hears the spouses. The parties may move that the court examine evidence provided by witnesses, documents, experts etc. The case ends with a judgment. During the course of the proceedings the court may refer the case to mediation. The court decides which of the spouses is guilty of the breakdown of the marriage (unless the spouses request a no-fault divorce).
After the judgment is passed an appeal may be lodged. Appeals are heard by the Court of Appeal. A special appeal from the decision of the Court of Appeal to the Supreme Court is not possible.
Legal advice is provided by lawyers specializing in family law.