A divorce hearing is for most people one of the most difficult experiences of their lives – both emotionally and procedurally. It is worth knowing what to expect and how to prepare, so that neither the process nor the other party catches you off guard.

Which Court Hears Divorce Cases

Divorce cases are heard by the regional court (sąd okręgowy) – not the district court. The competent court is the regional court in whose district the spouses had their last shared place of residence, provided at least one of them still lives there. Where neither of them lives there any longer, the competent court is that of the respondent’s place of residence, or as a last resort, that of the petitioner.

It is worth checking this before filing the petition – an incorrect court can delay the proceedings.

What Documents to Prepare

Documents are submitted to the court together with the petition or during the course of the proceedings – they are not brought physically to the hearing. It is worth gathering them well in advance, however, as missing documents can delay the proceedings.

The divorce petition should be accompanied by an abridged copy of the marriage certificate – issued by the Registry Office. Where the case concerns children – abridged copies of the birth certificate of each child. Where the case involves maintenance – documents confirming income (an employer’s earnings certificate, last year’s tax return). Where the case involves division of assets – documents relating to property, bank accounts and loans.

For the hearing itself it is sufficient to bring a personal identity document – the court verifies the identity of the parties – and copies of previously submitted procedural documents for your own reference. Where new documents have emerged during the proceedings that you wish to submit, discuss this with your lawyer in advance, as submitting new documents at the hearing requires a formal application.

How the Hearing Proceeds – Step by Step

The first sitting – preliminary hearing of the parties. The court typically begins by hearing both spouses – without an oath and without formal examination. The judge asks about the circumstances of the marriage, its duration, the reasons for the breakdown of the relationship and the situation of any children. This is the point at which the court assesses whether the case is contested or uncontested and whether reconciliation is possible.

Mediation. The court may refer the parties to mediation – particularly where the case concerns minor children. Mediation is voluntary and can significantly shorten the proceedings.

The main hearing – taking of evidence. The court takes evidence: examines witnesses, reads out documents and admits other evidence indicated by the parties. Each party may question the other party’s witnesses.

Closing submissions. After the taking of evidence is complete, both parties or their legal representatives make closing submissions – summarising their positions and requests.

The judgment. The court may deliver judgment at the same hearing or set a date for delivery at a later time.

How to Conduct Yourself in the Courtroom

Punctuality. Arrive at least 15 minutes before the scheduled time – court corridors can be confusing and arriving late makes a poor impression.

Dress. There is no formal requirement, but neat, understated dress reflects the seriousness with which you approach the matter.

How you speak. Address the court as “Your Honour.” Speak calmly, factually and to the point. Avoid emotional remarks directed at the other party – judges assess credibility, not emotion.

Listen to questions carefully. Answer only what the court asks. If you do not understand a question, ask for it to be repeated. Do not volunteer more than is necessary.

Stay calm. The hearing can be stressful – particularly when the other party or their witnesses say things that are untrue. Your lawyer will have the opportunity to ask questions and present counter-arguments.

Witnesses – Who to Call and How to Prepare Them

Witnesses in divorce proceedings may give evidence about the breakdown of the relationship, the parties’ relationships with their children, and their financial and housing situations. They may include friends, neighbours and family members – with the exception of the parties’ minor children. Persons close to both parties tend to be seen as less credible by the court – it is better to call witnesses who know the situation from their own observation.

Witnesses give evidence under the risk of criminal liability for false testimony. It is worth making sure that the witness knows which circumstances they are to give evidence about and that they are able to attend on the scheduled date.

Where the Case Is Contested – Points to Pay Particular Attention To

A finding of fault. Where you are seeking a finding that the other spouse is at fault, you must be prepared for longer and more stressful proceedings. Fault requires proof. It is worth considering with your lawyer in advance whether the benefits of a fault finding outweigh the costs – financial and emotional.

Children. Where the spouses have minor children, the court rules of its own motion on parental authority, contact arrangements and maintenance. It is worth thinking through your position on these matters before the hearing.

Assets. As a general rule the divorce court does not divide the matrimonial assets in the divorce judgment. Division of assets is typically a separate matter – before the court or before a notary.

The Most Common Mistakes Before and at the Hearing

Failing to submit the required documents with the petition – particularly civil status records, without which the court may adjourn the hearing. Calling witnesses who have no concrete first-hand knowledge of the situation. Emotional and aggressive behaviour towards the former partner in the courtroom – it undermines credibility. Failing to disclose all the relevant facts to the lawyer – a lawyer can only help effectively when they know the full picture. Disregarding the hearing date – failure to appear without a valid excuse can have serious procedural consequences.

Is It Worth Having a Lawyer at the Hearing

Formally this is not required. In practice, however, divorce proceedings – particularly contested ones involving children, assets or a finding of fault – are procedurally complex. A lawyer monitors deadlines, formulates the right applications for evidence, responds to the other party’s actions and ensures that your interests are properly represented. Even where the case appears straightforward – a consultation before the first hearing helps avoid mistakes that are difficult to remedy later.

Do you need help preparing for your divorce hearing? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl

This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. The law 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 law firm.

We invite you to contact the Family Law Practice: 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