How long does a divorce take in Poland?

“How long will this take?” – it is one of the first questions we hear from anyone coming to us about a divorce. And it is entirely understandable. Uncertainty about the length of the process can be just as draining as the separation itself. The answer – while not always simple – is predictable once you understand the key factors that determine how long proceedings will run.

Table of contents

1. The shortest possible divorce – when is it realistic?
2. What makes divorce proceedings longer?
3. Children, expert reports and the OZSS – when a case takes years
4. Appeal – what happens after the first instance judgment?
5. What can you do to speed things up?
6. FAQ

The shortest possible divorce – when is it realistic?

The fastest cases are those where both spouses agree on all the key issues: neither requests a fault determination, they have no minor children or have reached agreement on parental arrangements and child maintenance, and their financial situation is straightforward or they are leaving the division of assets for later.

In such circumstances, the court can issue a judgment at the very first hearing. From the date of filing the petition to the first hearing date, the wait is typically a matter of months – the precise timing depends on the workload of the particular regional court (sąd okręgowy) handling the case. In Poznań, first hearings are currently scheduled approximately two to four months after the petition is filed, though this figure can vary in either direction.

The key to a swift conclusion is a complete, error-free petition filed with all required documents from the outset. Formal deficiencies result in a court order to remedy them, which delays the case by several additional weeks.

What makes divorce proceedings longer?

The length of the case grows in proportion to the number of contested issues. Every point on which the parties disagree requires evidence to be gathered and assessed – which means additional hearings, witnesses, documents, and sometimes expert reports.

A dispute about fault for the breakdown of the marriage is one of the main factors that lengthens proceedings. The court must hear both parties and their witnesses, assess the evidence, and make detailed findings of fact. A divorce case involving a fault determination before the first instance court can take two to three years.

It is worth pausing to consider whether seeking a fault finding is genuinely necessary in the specific situation. It carries real legal significance – most importantly in relation to spousal maintenance after divorce – but it also comes with higher emotional and financial costs and substantially longer proceedings. This is a question worth discussing with a lawyer before the petition is filed.

Children, expert reports and the OZSS – when a case takes years

The most complex and the longest cases are those where the spouses have minor children and cannot reach agreement on parental arrangements. The court is required to determine how parental authority and contact with the children will be organised after the divorce – and to do that, it needs a full picture of the family situation.

In such cases, the court typically commissions an expert report from forensic psychologists, most commonly through the Court Expert Opinion Team (Opiniodawczy Zespół Sądowych Specjalistów, OZSS). The report involves psychological assessments of both parents and the child, as well as an analysis of the family environment. In the jurisdiction of the Regional Court in Poznań, the wait for such a report is approximately six to eight months, though this figure can vary depending on the team’s workload and the complexity of the particular case.

After the report is received, there are further hearings – to examine witnesses, allow the parties to respond to the expert’s findings, and address any follow-up questions. A case involving both a fault determination and a dispute over children can realistically take three or more years before the first instance court. That is a genuine prospect, and one worth understanding at the outset.

Appeal – what happens after the first instance judgment?

If either or both parties disagree with the regional court’s judgment, they may appeal to the court of appeal (sąd apelacyjny). An appeal must be filed within two weeks of the judgment with written reasons being served on the party – and a request for written reasons must itself be filed within one week of the judgment being pronounced.

Appeal proceedings add another stage that can extend the overall timeline by anywhere from several months to over a year. In cases where the first instance judgment was seriously contested, the total time from filing the divorce petition to the judgment becoming final can exceed four or five years.

What can you do to speed things up?

Several steps can genuinely affect the pace of proceedings.

First, consider mediation. Even in high-conflict cases, if the parties can reach agreement on arrangements for the children – and possibly on fault – with the help of a mediator, the court can approve a mediation settlement and conclude the case far more quickly than through full adversarial proceedings. Mediation is not a concession: it is a tool that allows both parties to retain more control over the outcome of the case.

Second, a complete petition from the start. Every formal deficiency causes delay. Making sure all required documents are attached from the beginning is a straightforward way to avoid unnecessary waiting.

Third, a realistic assessment of what is genuinely in dispute and what might be resolved by agreement. In our experience, many issues that appear irreconcilable at the beginning of a case become negotiable once both parties calmly assess the consequences of years of litigation.

FAQ

Can the date of the first hearing be brought forward? Not directly – hearing dates are set by the court according to its schedule. It is possible, however, to file an application for interim measures – for example, regarding contact with children or temporary maintenance – which the court considers on an expedited basis, independently of the main hearing date.

Is a no-fault divorce always possible? Yes, provided both spouses apply for it jointly. Where both parties agree, the court makes no fault finding. If one party requests a fault determination, the court must conduct evidence proceedings on that issue – even if the other party would prefer to proceed without it.

What if my spouse lives abroad? The case can still be brought before a Polish court provided the jurisdictional requirements are met. Serving documents abroad adds time to the proceedings – sometimes several months. It is worth discussing jurisdiction with a lawyer at the outset to make sure proceedings are commenced in the right court.

Is mediation compulsory? No – mediation is voluntary. The court may refer the parties to mediation and set a deadline for it to be completed, but participation cannot be forced. A successful mediation can shorten the overall proceedings by many months and is worth considering seriously even where the relationship between the parties is highly conflicted.

I am a foreign national – does the length of Polish divorce proceedings affect my right to remain in Poland? Divorce proceedings themselves do not affect a foreign national’s right of residence in Poland, which is governed by immigration law independently of family law. If your residence status depends on your marriage – for example, if you hold a residence permit as a family member of a Polish or EU citizen – it is worth seeking separate immigration advice at an early stage, as changes in your personal situation may require notification to the relevant authorities.

Can I get divorced in Poland if we married abroad? Yes, provided Polish courts have jurisdiction over the case. The marriage certificate issued abroad will need to be translated into Polish by a sworn translator and may require apostille certification depending on the country of issue. Your lawyer can advise on the specific documentation requirements for your situation.

Read more about how Polish divorce proceedings work step by step → [link to relevant page]

Want to understand how long your case might take and what you can do to move things forward? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): 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 | www.prawnikodrozwodu.pl