How to get divorced in Poland – a step-by-step guide

Deciding to divorce is one of the most difficult decisions a person can make. Once that decision has been taken, a very practical question follows: where do you even begin? Polish divorce proceedings have their own logic and sequence of steps – and understanding them from the outset makes the process considerably less daunting. Below is a straightforward guide to the entire procedure, written with anyone unfamiliar with the Polish legal system in mind.

Table of contents

1. The basic requirement – complete and permanent breakdown of the marriage
2. The petition – what it must contain and how to prepare it
3. Which court has jurisdiction?
4. The respondent’s response and first steps
5. The hearing – what to expect
6. Evidence – what does the court examine?
7. The judgment and appeal
8. FAQ

The basic requirement – complete and permanent breakdown of the marriage

Before filing a petition, it is worth understanding what Polish law requires as the basis for granting a divorce. Under Article 56 § 1 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), the court may dissolve a marriage where there has been a complete and permanent breakdown of the marital relationship (zupełny i trwały rozkład pożycia). Complete means that all three bonds between the spouses have ceased: emotional, physical, and economic. Permanent means that there is no realistic prospect of those bonds being rebuilt.

The mere wish to divorce – even where both spouses want it – is not in itself a sufficient legal basis. The court must find that the marriage has factually broken down. In practice, however, where both parties agree on the divorce, establishing this is straightforward.

The petition – what it must contain and how to prepare it

Divorce proceedings are initiated by filing a divorce petition (pozew o rozwód) with the competent regional court (sąd okręgowy). The petition must be prepared in two copies – one for the court and one to be served on the respondent.

The petition must contain: the name of the competent court; the full names, addresses and PESEL identification numbers of both spouses; and a precisely formulated claim – whether the petitioner is seeking a divorce without a fault determination, or with a finding that one or both spouses are at fault for the breakdown. Where the parties have minor children, the petition must also address parental authority, contact arrangements, and child maintenance.

The following documents must be attached: the original certified copy of the marriage certificate. Where the parties have minor children, certified copies of each child’s birth certificate are also required. The court fee for filing a divorce petition is PLN 600.

Which court has jurisdiction?

Divorce cases are heard exclusively by the regional court (sąd okręgowy) – never by the district court (sąd rejonowy). On the question of territorial jurisdiction, the competent court is the regional court for the district in which the spouses had their last shared place of residence, provided at least one of them still resides in that district. If both spouses have moved away from their last shared residence, jurisdiction falls to the court for the respondent’s current place of residence, or – if that basis is also absent – the court for the petitioner’s place of residence.

For example: if both spouses live in Poznań, or one of them still does, the petition should be filed with the Regional Court in Poznań (Sąd Okręgowy w Poznaniu).

The respondent’s response and first steps

After the petition is served, the respondent has the right to file a response (odpowiedź na pozew) within the time limit set by the court. In the response, the respondent can set out their position on the petitioner’s claims – in particular on the question of fault, arrangements for any children, maintenance, and financial matters.

A response is not compulsory, but its absence means the respondent has not put their position on record before the first hearing. In more complex cases – particularly where fault or children are in dispute – filing a response is strongly advisable.

The hearing – what to expect

The first hearing is primarily informational in character. The court hears both parties, establishes their respective positions, and identifies which issues are contested and which are agreed. At this stage, the court examines whether a complete and permanent breakdown of the marital relationship has occurred, whether the parties have minor children, and what the circumstances surrounding the breakdown are.

Where the case is straightforward and uncontested – no minor children, both parties agreeing to divorce without a fault finding – the court may issue a judgment at the very first hearing. In contested cases, particularly those involving disputes about children or fault, there may be several or even many hearings before the case concludes.

Evidence – what does the court examine?

Regardless of the type of case, the court must conduct examination of the parties (przesłuchanie stron). This is a statutory requirement – the court must hear both spouses directly.

Where the parties have minor children and there is a dispute about parental authority or contact arrangements, the court will typically commission an expert psychological report from the Court Expert Opinion Team (Opiniodawczy Zespół Sądowych Specjalistów, OZSS). This report is not required where the parties have agreed on all matters relating to the children – in that case the court can proceed on the basis of the parties’ statements and the documents filed.

Other admissible evidence in divorce proceedings includes witness testimony, documents, photographs, printed messages, and – in financial disputes – documentary evidence of assets and liabilities. Filing evidence applications in the petition or the response to the petition, rather than waiting until the hearing, avoids unnecessary delays.

The judgment and appeal

Once the evidence proceedings are complete, the court issues a judgment in which it either dissolves the marriage or dismisses the petition. The judgment also determines whether either spouse is at fault for the breakdown, rules on parental authority, contact with the children and child maintenance, and – on the parties’ application and where this will not unduly prolong proceedings – may also address the division of the joint marital estate.

If a party disagrees with the judgment, they may apply for written reasons (uzasadnienie) to be provided. This application must be filed within 7 days of the judgment being pronounced. Once the written reasons have been received, the party has 14 days to lodge an appeal (apelacja) with the court of appeal (sąd apelacyjny). The appellate court may uphold, vary or quash the first instance judgment.

FAQ

Do both spouses have to file for divorce? No. The petition may be filed by either spouse alone. The other spouse then becomes the respondent and has the right to participate in the proceedings and respond to the petition.

Is it possible to get divorced without attending court in person? Generally no. The court is required to examine the parties in person, which means both spouses must appear. In exceptional circumstances it may be possible to be examined via video link, but this requires a specific application and the court’s agreement.

What if the respondent refuses to collect correspondence from the court? If the respondent does not collect documents sent to their address, the court can arrange service by a court-appointed representative or by other means provided under the Code of Civil Procedure. Proceedings will not be halted solely because one party is evading service.

Can the divorce petition be filed online? The petition can be sent by post or submitted in person at the court’s registry. Poland’s e-court system does not cover divorce cases – these must be conducted through the standard paper-based procedure.

What happens to jointly owned property on divorce? The division of joint marital property can be addressed within the divorce judgment itself – on the joint application of the parties and provided it does not unduly prolong the proceedings – or in separate proceedings after the divorce judgment has become final. Many couples opt for separate division proceedings, which allows financial matters to be resolved without complicating the divorce case itself.

I am a foreign national – can I get divorced in Poland? Yes, provided Polish courts have jurisdiction. As a general rule, Polish courts have jurisdiction where both spouses are habitually resident in Poland, or where the respondent is habitually resident in Poland. The rules are governed by EU Regulation No 2201/2003 (Brussels IIa) as between EU member states, and by Polish private international law rules or applicable bilateral treaties for non-EU nationals. The applicable law – whether Polish or foreign – depends on the parties’ common nationality or habitual residence and is determined separately from the question of jurisdiction. If both spouses are habitually resident in Poland, Polish law will typically apply.

What language are the proceedings conducted in? All proceedings before Polish courts are conducted in Polish. Parties who do not speak Polish have the right to an interpreter at hearings. All documents submitted to the court must be in Polish; documents in other languages require a sworn translation (tłumaczenie przysięgłe).

Does the court fee differ if I am seeking a fault finding? No. The court fee for filing a divorce petition is PLN 600 regardless of whether a fault determination is sought. If the court grants the divorce, the PLN 600 fee is divided between the parties. If no fault is found or the divorce is uncontested, the fee may be refunded in part to the petitioner – the precise rules depend on the outcome and the court’s decision on costs.

Read more about how long divorce proceedings take in Poland and what affects the timeline → [link to relevant page]

Planning to file for divorce in Poland and want to know how to prepare? 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