Kontakt
+48 697 666 646

Suit for a divorce in Poland

Suit for a divorce in Poland

Divorce in Poland is a type of case reserved for a jurisdiction of District Courts that hear cases in first instance, according to article 17 pt. 1 Civil Procedure Code (further as CPC). On the basis of article 47 § 2 pkt 2 letter a of CPC these cases are heard by one professional judge and two lay judges.

Divorce in Poland

Because divorce cases are conducted in trial proceeding, the proper letter initiating these proceeding will be suit. The suit as any other pleading must comply with regulations of article 126 CPC. So the divorce suit must contain: the name of a court to which it is addressed , first name and last name or the name of the parties, their legal representatives; the title of the pleading; demands and statements as well as evidence to support the circumstances being the basis for raised demands; signature of the party or its legal representative or proxy; list of attachments. The lawsuit as the first pleading should include the place of residence and addresses of the parties, their legal representatives and proxies, as well as the number of the Personal Identity Number (PESEL) or tax identification number (NIP) of the plaintiff , if he is obliged to have it or has it not having such obligation .

Exemplary divorce suit can look like this:

[divorce case Szczecin]

Szczecin, date. 04.08.2016

 

Sąd Okręgowy w Szczecinie (District Court in Szczecin)

X Wydział Cywilny Rodzinny (Tenth Civil Family Division)

Małopolska 17, 70-952 Szczecin

 

Plaintiff:              Janina Zmyślona (PESEL: 12345678901)

address: ul. Fikcyjna 1, 70-000 Szczecin

represented by: adwokat rozwód szczecin

 

Defendant:        Jan Zmyślony

address: ul. Fikcyjna 1, 70-000 Szczecin

represented by: rozwód adwokat szczecin

 

DIVORCE SUIT

                Acting on behalf of a plaintiff, as her legal representative, relying on the power of attorney granted to me I request:

  1. termination by a divorce of a marriage of Janina Zmyślona nee Nieprawdziwa with Jan Zmyślony concluded on 01.01.1999 in front of The Civil Registrar in Szczecin, marriage certificate number 1/1999 without establishing guit/of the exclusive fault of the defendant;
  2. entrusting parental authority over minor Karolina Zmyślona, born 01.01.2002 in Szczecin to the mother – Janina Zmyślona with simultaneous limitation of parental authority of the father Jan Zmyślony to the right of co-deciding in important matters regarding the minor child such as education, medical treatment; [or : to deprive the defendant of parental authority]
  3. establishing the place of residence of the minor child to the place of residence of the mother;
  4. establishing that both parents are legally obliged to provide for the minor child;
  5. awarding a maintenance from the father for the benefit of the minor Karolina zmyślona in the amount of PLN 500 payable in advance to the 10. Day of each month, starting since the date of filing of this suit/date the divorce ruling becomes final and binding/dnia 01.01.2016 r. together with statutory interest for delay in payment in any of the monthly payment;
  6. establishing that the defendant can contact with the minor child, in the matter that he will have the right for personal contact with his daughter, outside her place residence in the days … ;
  7. not to rule on the use of the apartment occupied jointly by the parties.

JUSTIFICATION

Court fees for a divorce in Poland

According to article 26 paragraph 1 pt 1 act of 28th July 2005 on civil procedure costs the due fee for a divorce in Poland is PLN 600. It should be noted that according to article 1262 § 1 CPC court will not take any actions as a result of a pleading that was not paid off.

As for conditions required for granting a divorce in Poland I recommend the article Divorce in Poland and an article Child support – when, how much and from whom? where I discuss how the value of child support is established.