A suit for divorce
Under Polish law, divorce takes place when there is a lasting and complete breakdown of marriage. The initiation of the divorce proceeds with the filing of a divorce petition by one of the spouses. Very often, a specialized attorney (attorney or legal counsel) helps to write a divorce petition, who at the later stage represents the plaintiff in court.
A divorce petition should be filed in writing. The claim must include the spouse’s request for the dissolution of the marriage. The claim must additionally contain information about the circumstances of the marriage and about the causes and circumstances of its collapse. Filing a petition is connected with paying a fee of PLN 600.00. The suit is filed in 3 copies – one for the defendant, the other for the plaintiff, the third remains in the files of the court.
Polish law gives the possibility to end a marriage in two ways:
– without ruling on wine,
– with adjudication about the guilt of one of the spouses.
Divorce without adjudicating about guilt occurs when the spouses agree that there is a permanent breakdown of marriage and do not want to show fault of the other party. Of course, in the case of this type of divorce, there is a court hearing, but the whole process is short-lived. During the trial, issues such as the division of property or the care of children are established. Of course, these issues can be determined before a court hearing and brought on a divorce petition. The costs of a divorce hearing are divided on both sides. Both parties can request alimony for themselves or children.
Divorce with adjudicating on the guilt of one of the spouses is a long and expensive process. It happens when one party tries to blame the other for the breakup of the marriage. This type of divorce is in the case of betrayal, alcoholism or physical or psychological violence. The court decides on which party will be found guilty based on the evidence taken. In the case of this type of divorce, a person who has been guilty of the breakup of the marriage can not apply for maintenance from the other party, even in the event of financial problems.
Divorce involves costs:
– filing a divorce petition – PLN 600.00,
– submission of an application for division of property – PLN 1,000.00,
– environmental opinion on the relationship between parents and children – PLN 1,000.00.
In addition, the costs of lawyers, fees for probation officers for interviews, etc.
A claim for maintenance
The issue of alimony is settled during divorce. However, there are situations where the party whose alimony has been awarded ceases to fulfill their obligations and stops paying child support (for children or former spouse). In such a situation, you should file a petition for alimony with the Court. In the case of underage children, the alimony claim is made by a parent or legal guardian who carries out the child’s care. Such a claim should specify the amount of maintenance arrears, the date from which the maintenance debtor fails to meet their obligations to determine the amount of interest due. Such a claim for persons lodging it is exempt from court fees.