It is relatively common for the party who initiated divorce proceedings to change his decision and try to take up the fight for the marriage. The legislator has provided for the possibility of withdrawing the petition in such a situation. The general provisions will then apply. According to them, the petition can be withdrawn without the permission of the defendant until the beginning of the hearing, i.e. until the first hearing before the court of first instance. It is sufficient to address a letter to the court, in which we include a statement of withdrawal of the lawsuit and state the reasons for such a decision.
If you decide to withdraw the petition after the beginning of the trial, this will only be possible if the other party to the proceedings does not object. However, if the defendant/defendant requests the dissolution of the marriage, the withdrawal of the petition will not be possible and the court will then conduct divorce proceedings. The above does not at all mean that the dissolution of marriage will eventually occur. If the court sees the possibility of reconciliation between the spouses, it can refer the parties to mediation or even suspend the proceedings.
A lawsuit that has been withdrawn has no legal effect. The court will cancel the trial date, if it has already been set, and inform the other spouse of the withdrawal of the lawsuit, who will be able to file a request for the costs incurred by him within two weeks. The court will then order the discontinuance of the proceedings.
However, the court may not allow the withdrawal of a lawsuit. This will happen if it determines that it is contrary to the law, or to the principles of social intercourse, or is aimed at circumventing the law. This may happen, for example, if it comes to the conclusion that our change of decision is caused solely by the desire to make life miserable for the other party, and not by the declared sudden return of warm feelings towards our spouse....
It is worth noting that if the lawsuit is withdrawn due to reconciliation of the parties, regardless of the stage of the proceedings at which it occurs, as long as it occurs before the court of first instance, then the spouse who filed the lawsuit will be entitled to a refund of the entire fee paid on it, i.e. the amount of PLN 600. If reconciliation occurs before the court of second instance, the plaintiff will be entitled to a refund of half of the appeal fee paid.
