The filing of a petition for divorce involves payment of a court fee of PLN 600.00. Payment should be made to the bank account of the competent district court. If the parties come to an agreement and the divorce is granted taking into account their common positions, then the court will ex officio order a refund of half of the fee paid for the petition. When you are represented by a lawyer, then you must also pay the stamp duty on the power of attorney, which is PLN 17.00 and is paid into the bank account of the relevant City Hall.
When formulating the claim, do not forget to indicate the current address of the spouse's residence, where the court will serve a copy of the letter.
If we are seeking an order for alimony, the court will expect us to submit income certificates for the past few months, and we should also show and document our expenses and other financial obligations so that our actual financial situation can be established.
When declaring a divorce, the court must be sure that it will not adversely affect the welfare of the parties' joint minor children. To do this, it will have to hear a witness who will confirm these circumstances. It is therefore necessary to identify a person versed in our marital situation, who will be able to tell the court about the parents' relationship with the child and his reaction to the situation.
The lawsuit should be accompanied by a copy of the marriage certificate, as well as copies of the birth certificates of the parties' joint children.
It is important to describe the facts in detail, with particular emphasis on the extinction of any ties that once united the spouses. If we demand a guilty verdict, it is necessary to indicate the evidentiary motions with which we intend to demonstrate and prove our case.
When adjudicating parental authority, it is necessary to indicate in the petition to whom and in what amount it should be entrusted, according to our expectations. The court will entrust parental authority to both parents then, if they present a written agreement on how to exercise parental authority and maintain contact with the child after the divorce, if it is consistent with the child's welfare. In the absence of an agreement, the court, taking into account the child's right to be raised by both parents, shall independently decide on the manner of joint exercise of parental authority and maintenance of contacts with the child. In this situation, it may entrust the exercise of parental authority to one of the parents, limiting the parental authority of the other to certain duties and powers in relation to the person of the child, if the welfare of the child supports this.
The filing of a petition for divorce, due to the nature of the demand, is not limited by any deadline, as, of course, our claim is not time-barred. Therefore, it is worth ensuring that the drafted letter is comprehensive, reliable and formally correct, and to this end it is best to have it prepared by an attorney. A professional attorney will guide us through the entire process, making sure that our interests are best represented and legal complexities do not spend sleepless nights.
