A divorce can be one od the most stressful experiences in life. Some spouses want a fast and smooth divorce and couples get along. Sometimes couples are going through a divorce fight…
Divorce cases are ones of the most difficult for spouses. Painful experiences make spouses want to end their relationship in court as soon as possible, although in some cases not all parties agree to the proposed terms, and even to divorce. The most frequently questions asked by foriegners who want to divorce in Poland are:
Unfortunately, no definite answer can be given.
Marriage can be ended on the time of first court session, but divorce can just as well last for years. It is an individual matter that depends on many factors. First of all, the duration of the divorce case is determined by the mutual will to divorce of the parties. If they agree in their decision, a divorce verdict can be expected much earlier. It is called uncontested divorce.
The second point is the judgment of guilt. A divorce case may end with or without adjudication, with or without evidence of fault.
In the first case, the duration of the divorce case is much longer, as it is necessary to analyze the entire situation, collect evidence, and hear witnesses.
If we care about time and do not want to extend the entire procedure, you agree and both spouses made a mutual agreement to divorce on no-fault basis, the divorce case in Poland will not last long. Although only one spouse is formally filing a lawsuit, it expresses the position of both parties. The compatibility of the spouses is therefore crucial, and the Court may decide to divorce on the first case.
Expected time of divorce in Poland in such cases: the divorce verdict can be anounced within 3 months from filing a divorce petition to court.
The mutual agreement on divorce of the spouses is not so obvious. It happens, but not always, which complicates the matter considerably. So divorce based on the fault of one of the spouses can take significantly longer. The length of the trial determines the discrepancy in the requirements and testimonies of the spouses. The court must be sure who is the at-fault party and who is the aggrieved party, what is really the cause of the breakdown of the marriage.
The taking of evidence is carried out in the event of a divorce with a finding of at fault spouse. Hearing witnesses, analyzing the documentation and collecting evidence in the case requires the Court to be more involved in the case, and the spouses to be patient.
Divorce at-fault bases can even take few years because judge must make and assessment on who is responsible for breakup of the marriage.
Much depends on whether they are of legal age or not yet 18. If they are minors, the Court must take into account all issues related to parental responsibility as the subject of the examination. For this purpose, the court probation officer opinion must be made, and it turns out that it is necessary to hear more witnesses. The next step in the case is alimony / child support. When the Court determines who is to exercise parental responsibility, it also decides the amount of maintenance that the other parent is to pay in connection with the maintenance and upbringing of a minor son and / or daughter.
There is also the question of the division of property. It happens, though rarely, that the parties come to an agreement on their own, and this can formally be done with the divorce case. Most often, however, the division of property is a separate matter.
Therefore, a divorce case can take up to years, which is influenced by many factors. Much depends on the spouses, their decision and compliance. It is also impossible not to mention the role of a divorce lawyer in Poland who, with his actions, collected evidence and guidelines, can speed up the entire process, which has an impact on the client’s mental state.
Having above in mind, you see that divorcing in Poland can be quite complicated and time consuming matter. Therefore it is crucial to choose an experienced divorce lawyer who speaks English.
Contact family lawyer from Wroclaw for a free consultation!
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