I Don’t Want a Divorce — What to Do When You Receive a Petition

Not every divorce is a mutual decision. It does happen that one spouse files a petition while the other — for whatever reason — wants to save the marriage. Receiving a divorce petition does not mean that a divorce will automatically be granted. You have real legal tools to prevent it — but you need to act quickly and with a clear head.

First Step: File a Response — and Do It on Time

When the court serves the petition on you, it will at the same time set a deadline for filing your response. That deadline cannot be shorter than two weeks (Art. 205³ of the Code of Civil Procedure, Kodeks postępowania cywilnego, k.p.c.). Meeting it is critical — under rules that have been in force since 7 November 2019, a response filed after the deadline is returned by the court and is not considered at all when the case is decided.

The deadline is met if you post the response or deliver it in person to the court’s registry no later than the last day of the period. The date of the postmark is sufficient.

What Should Your Response Say?

Your response must clearly state that you are applying for the claim to be dismissed in full — in other words, that you are asking the court not to grant the divorce.

Simply objecting is not enough. The objection needs to be substantiated. Under Polish law, a court may only grant a divorce where it finds that the marriage has undergone a complete and permanent breakdown — meaning all three bonds between the spouses have ceased: the emotional, physical and economic bonds, with no realistic prospect of their restoration (Art. 56 § 1 of the Family and Guardianship Code, Kodeks rodzinny i opiekuńczy, k.r.o.).

Your task is to demonstrate that this is not the case — that some form of bond still exists between you, or that its absence is temporary rather than permanent. To support your position you may apply for:

• witnesses to be examined who can confirm your account of the marriage,
• your own examination as a party to the proceedings,
• any other evidence that reflects the actual state of the relationship between you.

If you have no experience in drafting procedural documents, it is strongly advisable to have the response prepared by a lawyer — an attorney (adwokat) or legal counsel (radca prawny).

The Preliminary Hearing and the Role of the Court

After your response is filed, the court will schedule a preliminary hearing (posiedzenie przygotowawcze) (Art. 205¹ k.p.c.). This is the point at which the court familiarises itself with both parties’ positions and — where it sees an opportunity — encourages the parties to reach an agreement. It does happen that, in the light of the arguments in the response and the conversation with the judge, the petitioning spouse reconsiders.

The court may also of its own motion suspend the proceedings if it concludes that there are realistic prospects of the marriage being preserved (Art. 177 § 1 item 2 k.p.c.). On the joint application of both spouses, a suspension is possible at any point in the proceedings (Art. 178 k.p.c.) — a useful option if you both need time to reflect.

Mediation and Therapy — Worth Trying

If preserving the marriage matters to you, consider mediation. A mediator — a neutral third party — helps spouses communicate constructively and work towards a solution both can accept. You can propose mediation yourself or through a lawyer. It can run in parallel with the court proceedings.

Couples therapy or a consultation with a psychologist can also be helpful. From our experience at the firm, cases in which both parties engaged with mediation or therapy not infrequently resulted in the proceedings being suspended or withdrawn — and the marriage continuing.

When Divorce Is Unavoidable

If the marriage has genuinely undergone a complete and permanent breakdown — and there is no realistic prospect of that changing — the court will grant a divorce even against one spouse’s wishes. In that situation, it is worth focusing on the terms of the separation: arrangements for the children, maintenance and division of property. We can assist with all of these matters too.

In Summary — What to Do After Receiving the Petition

Act immediately. Check the deadline for your response and meet it. In your response, apply for the claim to be dismissed and present evidence that the marital bond has not permanently broken down. Consider mediation and therapy. Consult a lawyer — the earlier you do, the more time there is to prepare the case properly.

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