Divorce is one of life's most difficult experiences, especially when the well-being of children is at stake. However, it is possible to navigate this process with dignity, respect for the other party, and, above all, concern for the children you share. The divorce process requires adherence to specific legal procedures.
The Polish legal system offers various solutions that can help spouses separate in a civilized and responsible manner. Here are some key tips based on our experience with divorce.
HOW TO PREPARE FOR DIVORCE?
Divorce is a process that requires proper preparation, both formally and, above all, emotionally. Below are some tips on what steps to take before filing for divorce.
CONVERSATION IS THE KEY TO COMMUNICATION
Before filing for divorce, it's worth discussing your shared expectations and plans for the divorce with your spouse. If you have children, it's important to agree on issues such as child custody, contact with the children, and alimony. Joint custody may be a good solution for you and your children. It's also worth discussing whether the divorce should be based on fault or no-fault. The latter option usually simplifies the process. It's also generally equivalent in its effects to a divorce based on fault.
It's therefore a good idea to consider whether you want to insist on proving the other spouse's fault at all costs, especially if either spouse could be held responsible for the breakdown. It doesn't matter which spouse contributed more to the breakdown, as the judgment doesn't specify who bore greater or lesser blame. Accumulating conflicts can impact the parents' continued relationship with their children. Each situation is, of course, unique, and conversation is likely not always possible, but if it is, it's worth pursuing this path.
DIVORCE – CHILDREN ALWAYS COMES FIRST
In a divorce, the child's best interests are paramount. In a divorce decree, the court determines parental authority, contact with children, and child support. When deciding these matters, the court considers the child's best interests, not those of the parents. Child support is a financial obligation intended to meet the child's needs. The amount of child support depends on the child's needs and the earning capacity of the parent obligated to pay.
What is worth paying attention to:
- avoid involving children in conflict – spouses often use children as a “tool” in a dispute, from the perspective of many years of experience I observe that everyone is exhausted by such actions – and ultimately divorced, and above all, children who often struggle with a conflict of loyalty;
- parental agreement – an ideal solution for a divorce with respect for the needs of children and parents' expectations, such an agreement can include all the parents' arrangements regarding parental authority, contact with children, alimony and other issues related to raising and maintaining joint children, courts prefer such solutions, often taking into account the main arrangements of the parties to the agreement in the divorce judgment;
- alternating care – despite the divorce, parents still remain parents and, at least until the children reach the age of majority, they must communicate with each other regarding the children, sometimes a good solution is to adopt a system of alternating care, courts are increasingly taking into account such care, its conditions are best written down in a parental (also called parenting) agreement;
For children, the presence of both parents in their lives is crucial. A sense of security and nurturing the parent-child bond are crucial.
MEDIATION
It can be used before the case goes to divorce court or during the divorce proceedings. Divorcing spouses can discuss their expectations regarding the divorce in the presence of an impartial mediator. During the mediation a content of a parenting agreement can also be agreed upon. The content of a parenting agreement can also be agreed upon. Mediation is also possible for spouses to reconcile – such situations do occur.
DIVORCE FORMALITIES
Divorces in Poland are currently only possible in court. Therefore, there is no other way than to file a divorce petition in court. A divorce petition is filed in the district court with jurisdiction over the last place of residence of the spouses, if at least one of them still resides there.The lawsuit must specify:
- czy rozwód ma być z orzeczeniem o winie, czy bez;
- demands concerning children – such as parental authority, contact, alimony;
- possibly demanding the eviction of the spouse, but with a well-thought-out divorce by both parties this can be avoided
- possibly a request for division of property.
It's a good idea to attach a parenting agreement to the petition, detailing issues related to the children. Courts look more favorably on spouses who have reached an agreement on their own.
The lawsuit must be paid – the court fee is PLN 600, and if the divorcing spouses divorce in agreement, the court may refund the amount of PLN 300, so the final divorce fee is PLN 300.
TRIAL
This is the time and place where the court will decide on issues such as divorce, parental authority, child contact, and alimony. It's also a time filled with emotion and stress. This time spent in the courtroom doesn't have to be a life-or-death struggle. Unless the situation requires it, it's worth avoiding airing dirty laundry in court and involving numerous family members and friends in a conflict between spouses that they will dwell on for years to come. Divorce cases are conducted behind closed doors, so the public is not allowed to attend the hearing. However, for the spouses, the judge is a stranger.
Divorce cases can drag on for several years, depending on the divorcing spouses' approach to the divorce and the procedural steps they take. The proceedings themselves can be extended by an assessment at the Social Welfare Center (OZSS), to which parents and their children are referred to determine, for example, who the children should stay with after the divorce and the extent of contact the children should have with the other parent. In Krakow, the waiting period for such an assessment can be up to a year.
DIVORCE ALSO INVOLVES THE DIVISION OF PROPERTY
The division of marital property is often one of the most contentious aspects of divorce. This can be resolved through a property division agreement, for example, concluded before a notary if real estate is involved, or through court proceedings. Amicable resolutions can be reached in court, or the court will decide who receives a given asset.
Division of property is a crucial element of divorce that should be discussed before filing a divorce case. In some cases, property can also be divided during the divorce proceedings, but this is most often done in separate proceedings. It's also possible to establish a separation of property regime before the divorce and divide the joint property. With proper communication and understanding between the divorcing spouses, this solution can save unnecessary stress, time, and the costs of lengthy court proceedings.
DIVORCE – GET HELP FROM PROFESSIONALS
Divorce, regardless of whether the spouses have children together, is an emotionally demanding process that requires knowledge of the law and appropriate procedural tactics. As a legal advisor, I prepare divorce petitions and parenting agreements, represent one of the divorcing spouses in court, and advise on how to proceed. I also support clients in using mediation.
SUMMARY
Divorce doesn't have to be a battlefield, full of conflict and a culmination of negative emotions. You can approach the matter with respect for the other spouse and with the well-being of your children in mind. This will allow you to build appropriate arrangements and relationships for the future, which still includes raising your children and navigating your own path. Divorce isn't the end of the world, and sometimes it's a chance for a fresh start.
If you are wondering what steps to take to go through your divorce in a civilized and as simple way as possible, please contact me. I'm happy to help with such matters.
Also check out the older blog post Divorce – where to start?
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The image for this article was generated on November 22, 2024 by the AI tool DALL-E.
