How Does a Divorce Case Work — Step by Step?
How Does a Divorce Case Work — Step by Step?
Most people considering a divorce have never had any dealings with a court. They do not know what documents to file, when to file them, what a hearing looks like or whether they need to be present. Below we set out the full course of divorce proceedings — from filing the petition to the judgment becoming final.
Contents
- Filing the petition and formal review
- Response to the petition
- Exchange of documents between lawyers
- Preliminary hearing
- The main hearing
- Judgment and appeal
- FAQ
Step 1 — Filing the Petition and Formal Review
Divorce proceedings are initiated by filing a petition with the Regional Court (sąd okręgowy). Once the petition is received, the court checks whether it meets all formal requirements — whether the court filing fee has been paid (600 PLN), whether the respondent’s PESEL number and address have been provided and whether all required elements are present.
If the court identifies any deficiencies, it calls on the petitioner to remedy them within a set deadline. Remedying the deficiencies in time means the case proceeds. Failing to do so results in the petition being returned.
Step 2 — Response to the Petition
Once the formal review is complete, the court serves a copy of the petition and its attachments on the respondent and requires them to file a response within a set deadline — not shorter than two weeks.
In the response, the respondent sets out their position — whether they agree to the divorce or contest it, and what their applications are regarding the children, maintenance and property. A response filed after the deadline is returned by the court and plays no part in the proceedings.
Step 3 — Exchange of Documents Between Lawyers
Where both parties are represented by professional lawyers — attorneys (adwokaci) or legal counsels (radcowie prawni) — procedural documents are served directly between the lawyers, without going through the court (Art. 132 k.p.c.). One copy of each document goes to the court and one goes directly to the other party’s lawyer.
Where the respondent does not have a lawyer, they file the copy of their response with the court, which then serves it on the petitioner.
Step 4 — Preliminary Hearing
Before the first substantive hearing the court may hold a preliminary hearing (posiedzenie przygotowawcze) (Art. 205¹ k.p.c.). This is a less formal meeting at which the court familiarises itself with both parties’ positions, identifies the issues in dispute and sometimes encourages the parties to settle or to try mediation. If the parties reach an agreement at this stage, the case may conclude without any further hearings.
Step 5 — The Main Hearing
At the first hearing the court asks both parties about their current positions, may examine the parties as witnesses and will often again encourage settlement.
If the case is contested, further hearings are scheduled — at which the court examines witnesses, considers documents and takes other evidence. In cases involving children, the court may order a psychological assessment from the Court Expert Assessment Team (Opiniodawczy Zespół Sądowych Specjalistów, OZSS). It may also request information from the tax office, the other party’s employer or the employment office to establish the parties’ respective incomes.
Once the evidentiary record is complete, the court closes the hearing and delivers its judgment, accompanied by an oral statement of the reasons for the decision.
Step 6 — Judgment and Appeal
The judgment of the Regional Court may be appealed to the Court of Appeal (sąd apelacyjny). The deadline for filing an appeal is two weeks from the date of service of the judgment with its written grounds — which is why, after the judgment is delivered, it is worth filing an application for the written grounds to be prepared and served, as this starts the appeal period running.
The judgment becomes final where neither party appeals within the deadline — or where the Court of Appeal upholds it.
A lawyer can assist at every stage of the proceedings. A lawyer may be instructed from the very beginning — at the point of filing the petition — or may join the case at a later stage.
FAQ
How long does a divorce case take? An uncontested case without a fault finding, no dispute about children and no property issues can conclude within a few months. Contested cases involving a fault finding, an OZSS assessment and multiple witnesses take from one year to several years.
Do I have to attend the hearing? If you have received a summons (wezwanie) — yes, attendance is mandatory. If you have received a notice (zawiadomienie) — formally no, but absence can work against you in practice. At hearings at which you are to be examined, your presence is essential.
Can the court decide the case if the respondent does not file a response? Yes — the court will proceed on the basis of the available evidence. However, a default judgment is not available in divorce proceedings. The absence of a response does not block the proceedings, but it means the court will not hear the respondent’s position.
Can the parties reach a settlement during proceedings? Yes — a settlement is possible at any stage of the case, up until the hearing is closed. The court may also refer the parties to mediation. A negotiated outcome is faster and considerably less stressful.
Does an appeal suspend the effect of the judgment? As a general rule, filing an appeal prevents the judgment from becoming final. The judgment becomes final only after the Court of Appeal rules on the appeal — or after the deadline for filing an appeal has passed without one being submitted.
Need help with a divorce case? Call +48 531 335 713 or email kancelaria@prawnikodrozwodu.pl
This article is for general informational purposes only and does not constitute legal advice in any individual case. Every family law matter requires analysis of the specific circumstances and documents involved. The firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our office.
Kancelaria Prawa Rodzinnego Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca Prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | prawnikodrozwodu.pl