Recently, one of our blog readers has asked few questions regarding our article “Can a polish citizen divorce a foreigner in Poland“.
My name is A. My partner she is polish and for the moment she is still married with a polish man. She would like to divorce for certain reasons (she has bean treated bad, her husband used to beat her). They have a little daugther age of 4, 1 house which is already paid and an apartament where they still pay mortgage. She wants to divorce but her husband is threaten her he will take the child and all the properties.
My question is, if she put the papers for divorce and he will not agree and wants to fight in the court for everything, what are hes chances to take the custody of the child and the properties? How long will it take if he would not agree with this divorce. If her husband find out that she is with someone else before or during divorce, what are the consequences? He can have the custody of the child and take all the properties? If during the divorce he see us or finds about our relation, he can use against her in the court? I would like to know what are the first steps so i can talk with my partener and convince her to divorce, because she is to scared to ask a lawyer. Thank you so much. Best regards, A.
Our divorce lawyers has prepared an explanation to those questions which you can read beneath:
The divorce lawsuit maybe filed by your partner in polish court. It is because she and her husband are polish citizens. It is advisable that the case would be in Poland (cheaper, no need of translation etc).
If happens that your partner and her husband file for a divorce (each one in different time) than the case would go under the jurisdiction of the court where first case was filed first.
The legal fee for a divorce must be paid onto court bank account (prior to filing for a divorce) and it is 600PLN. The administrative fee for power of attorney is 17PLN.
If your partner is a victim of domestic violence than it is advisable that she collects all proofs of that (doctors examination notes, police notes, she can record her husband during quarrels or she presents the witnesses of domestic violence).
If the motions of both spouses differ from each other or are against interest of a child than the court itself will decide about parental power. The verdict may entrust parental authority to both of parents and the same time the judge will decide that the permanent place of stay of a child is the place where one of the parents lives.
Alternatively the verdict may entrust parental authority to only one of the parents, restricting the authority of the other parent only to certain duties and eligibilities.
Of course, there are also drastic situations when the judge will suspend the parent authority of one of the parents or even ones parental authorities are terminated.
If there is a dispute between spouses on if and how the marriage should be terminated than the evidence hearing may be very prolonged and wide. It is because the judge must assess who of the spouses is responsible for the marriage termination, who should hold the parental power (that will guarantee all interests of the child).
The judge may also order the expert witnesses (psychologists) who will write an opinion on the case and it fill have the fundamental meaning and the base of the verdict.
This will prolong the divorce process – even over 1 year. If both spouses agree on fast divorce without fault indication than the whole procedures would take 3-4 months and would end on first court proceedings.
One of the most important factors in Divorce in Poland is the assessment on who responsible for breakup of the marriage. The court will not adjudicate on parties fault only if both spouses wish so. The fault-divorce as mentioned above takes much longer (over a year, sometimes even 2 years).
Generally, the judge may assess that:
– one of the spouses is faulty
– both spouses are faulty
– none of the spouses is faulty
The fault causing breakdown of marriage is an action or omission of the spouse that is against the law and principles of community life, which leads to irretrievable breakdown of marriage.
This faulty action or omission for instance is:
– refusal on sexual intercourse
– leaving a spouse without particular reason
– aggression / violence
– marital infidelity
From your description I assume that your partner could file for a fault-divorce. This is because her husband is aggressive and violent. Eventually the verdict would be based on both sites fault if her husband also files for a divorce (or he will demand the fault based verdict in his response to the lawsuit).
What is important that in this situation the non-fault party doesn’t have to be in poverty. The decrease mean loss of money resources or increase of one’s justified needs.
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