I want to get a divorce
We will guide you through the divorce process step by step
We will prepare the divorce petition, explain how the proceedings work and what your options are - simply and specifically, with your situation in mind.
We will take care of the paperwork, deadlines and your legal security to reduce stress and costs and protect your family's interests.
What kind of divorce petition to file?
Petition for divorce without adjudication of guilt
A divorce without adjudication of guilt is worth choosing when the breakdown of marriage occurred without the unequivocal fault of either party, and the spouses are able to agree on key issues - such as alimony, parental authority and contact with the children - allowing them to get through the breakup more quickly, calmly and with less emotional strain.
- Faster process
Limiting the evidence procedure on the reasons for the breakup of the relationship. The court will not go into the details of your marriage.
- Conflict-free character
Giving up fixing blame lowers tensions and facilitates agreement on children and finances.
- Alimony for former spouse
Only in the event that he falls into poverty and for a limited period of time.
Petition for divorce with adjudication of guilt
Divorce with an adjudication of guilt is worth considering when the breakdown of the marriage is clearly the result of one party's actions - such as infidelity, violence or addiction - and determining guilt is of legal, financial or emotional importance to the other spouse.
- Proving liability
The need to prove the guilt of the spouse by means of available evidence (witnesses, documents, detective report).
- Possibility of obtaining alimony
An innocent spouse can demand alimony from a guilty spouse - even without a time limit - if the divorce has worsened his or her financial situation.
- A sense of satisfaction and justice
A verdict with a guilty verdict can be for many people an important affirmation of their right and closure of a difficult stage.
The decision to file for divorce is always a huge step. Clients often don't know what elements are most important: whether to file for fault, how to include issues of children or property.
Our role is to translate emotions into the language of the law and prepare the lawsuit in such a way as to secure the interests of the client at the start of the proceedings.
Founder of the Firm, Attorney at Law
The course of a divorce case
Learn the key steps: from the lawsuit, to the trial, to the verdict and possible appeal. We will guide you through each step with precision and calmness.
The lawsuit must include our conclusions, claims as to the causes of the breakdown of the marriage, as well as any demands for alimony, parental authority and contact with the children and their detailed justification.
Response to a divorce petition. What do I need to prepare? Read article
In the response to the lawsuit, the spouse will present his point of view on the causes of the breakdown of the marriage, as well as his demands for alimony, parental authority and contact with the children.
At the scheduled hearing, the court will rule on the merits of the evidence requests, any collateral requests, and order the evidentiary proceedings. Depending on the complexity of the case, it will conduct the necessary evidence at one or more hearings.
After taking evidence, the court will issue a judgment relating to the claims made by the parties in the statement of claim and the response to the statement of claim.
If the divorce judgment does not grant our demands, or we disagree with particular points of the judgment, we have the right to appeal to the court of second instance.
Why our law firm
Specialization in family cases
We have been exclusively handling family and divorce cases for 10+ years.
Individual strategy
Every case is different, so we peel off solutions for your goals and realistic possibilities.
Transparent collaboration process
You always know what is going on, you are prepared and informed.
You gain peace of mind, support and time
We take over the paperwork and the burden of negotiations so you can focus on yourself, your loved ones and your future.
How do we help in practice?
The support of an attorney will reduce your involvement and give you the confidence that your case is being taken care of by a professional.
- Establish a strategy (blame/no blame)
- Preparation and filing of a divorce petition
- Conducting negotiations with the opposing party
- Representation at the trial
FAQ
Everything you need to know about: petition for divorce
Divorce proceedings involve emotions, procedures and time. Attorney support will allow you to reduce your involvement and gain confidence that your case is under the care of a professional.
What initiates divorce proceedings?
Address a petition for divorce to the court with a description of the circumstances forming the basis of the demands and the reasons for them.
How should a well-prepared letter be structured?
It should comply with the formal conditions indicated in the regulations, contain conclusions, as well as claims and evidence in support of the individual claims
What documents to attach to the lawsuit?
A copy of the marriage certificate and copies of the birth certificates of joint children, in addition, any other documents from which the circumstances that we make the basis of our demands will emerge.
To which court is the lawsuit filed?
To the district court with jurisdiction according to the last common residence (if one of the spouses still lives there). In the absence of this basis - the court of the defendant's domicile, and if this is also absent - the court of the plaintiff's domicile.
What are the startup costs?
Court fee of PLN 600 (to the account of the relevant district court) and PLN 17 stamp duty on the power of attorney (to the account of the relevant city office).
Is it possible to recover part of the fee?
Yes. If the parties are in agreement, the court will, on its own motion, order the return of half of the suit fee.
What happens after a lawsuit is filed?
The court serves a copy on the other party, requires it to respond to the claims and sets a date for a hearing.
How soon can the first hearing take place?
The waiting time for the first date can vary, usually there is a wait of about six months before the District Court in Poznan.
What does the first meeting usually look like?
The court will hear the parties informatively and decide on further evidence. With the consensus of the parties and after hearing a witness confirming that there is no risk to the welfare of the child if a divorce is granted, the court may issue a judgment as early as the first date.
What does the court expect when adjudicating alimony?
Certificates of earnings for the past months and documentation of expenses to determine the actual extent of the needs of the alimony recipient
Who can be a witness to determine the situation of minor children?
A person familiar with the family situation who can describe the children's relationship with each parent. Her testimony helps demonstrate that a divorce decree will not actually change the situation of the minors.
How to put the issues of parental authority and contacts?
In the lawsuit, indicate to whom and to what extent the court should entrust the exercise of parental authority and how to regulate contact with the child. The agreement of the parents makes it easier and faster to issue a decision. In its absence, these issues will be decided by the court, using, for example, the opinion of experts.
Is it possible to get financial security for the trial?
Yes. Already in the lawsuit you can apply for security (e.g. alimony, contact), indicating the method of security, the amount (for alimony) and substantiating the grounds. The order is valid until the judgment becomes final; it can be appealed, amended or revoked with a change of circumstances.
What if the verdict does not satisfy me?
You are entitled to appeal to the court of second instance. You can appeal the verdict as a whole, or in part - only as to individual decisions (guilt, parental authority, contacts, child support).
Why use a lawyer?
A strategy right from the start: We will advise you on how to formulate your demands and how to demonstrate their legitimacy.
- Appropriate court and form: We will indicate the district court of local jurisdiction, take care of the formalities.
- Completeness of content: We will prepare a lawsuit that meets the formal conditions and takes into account your expectations for the settlement of the case.
- Children and Finance: We will formulate proposals in the field of parental authority, contact and alimony, so that the situation and needs of your child are secured to the fullest extent possible.
- Evidence and attachments: We will point out to you the documents that must be attached to the lawsuit, group them and describe them accordingly.
- Costs and payments: We will remind you, to make the required payments.
- Faster and safer: A well-prepared lawsuit can speed up the court's procedure and thus the resolution of the entire case.
For more information, see our Guide:
