I Have Been Served With a Divorce Petition — What Now?
I Have Been Served With a Divorce Petition — What Now?
Divorce is a stressful experience for everyone. Receiving a petition is never comfortable — even when you have been expecting it. The shock and emotion are natural, but this is precisely the moment when you need to keep a clear head. The steps you take in the days immediately after receiving the petition can have a real bearing on the outcome of the entire proceedings.
Contents
- First thing — see a lawyer
- File a response — and do it on time
- What should the response contain?
- Attending the hearing
- Mediation — worth considering
- FAQ
First Thing — See a Lawyer
The best thing you can do after receiving a divorce petition is to book an appointment with a family law lawyer and bring the petition — together with all its attachments — to the meeting.
At the consultation the lawyer will go through the document carefully and help you decide on the right approach — whether to contest all of the claims, accept some of them, pursue a settlement, or explore mediation. This is a decision worth making with a clear understanding of what each option involves and what it leads to.
File a Response — and Do It on Time
Whether you are represented by a lawyer or acting on your own, you must file a written response to the petition. The court will set a deadline for this when it serves the petition on you — and that deadline cannot be shorter than two weeks. What counts is the date the response is posted or handed in at the court’s registry, not the date it arrives at the court.
The deadline is absolute. Under rules in force since 7 November 2019, a response filed after the deadline is returned by the court and plays no part in the decision.
Failing to file a response does not result in a default judgment — in divorce proceedings that is not permitted — but the court will proceed without hearing your position. That is a serious weakening of your standing in the case, and one that is entirely avoidable.
What Should the Response Contain?
A response to a divorce petition is a formal procedural document. It must include the date and place of preparation, the name of the court and its division, the names of both parties and — critically — the case reference number (sygnatura akt).
Your Procedural Requests
This is the most important part of the document. Here you set out your position on the claims made in the petition. You can apply for the claim to be dismissed in full or only in part. You do not have to contest everything — you might, for example, agree to the divorce itself but seek a fault finding against the other spouse, accept that maintenance for the children is appropriate but argue for a lower amount than claimed, or propose a different custody arrangement from the one put forward in the petition.
Applications for Evidence
It is worth applying for specific evidence to be admitted — witness examinations, documents, or requests for the court to obtain information from the tax office, the other party’s employer or the employment office about their income and earning capacity. An application for the costs of the proceedings to be awarded in your favour should also be included.
The Grounds
After the requests comes the substantive section — where you explain your position in detail and set out the facts and evidence you are relying on.
From our experience at the firm, parties acting without a lawyer frequently omit important applications or frame them in a way the court disregards. If you have no experience of drafting procedural documents, it is strongly advisable to have the response prepared by a lawyer.
If you are filing without a lawyer, you must attach a copy of the document for the other party.
Attending the Hearing
As soon as you receive a summons or notice of a hearing, note the date in your calendar.
If you receive a summons (wezwanie), attendance is mandatory. Failing to appear at a hearing to which you have been summoned may result in the case being heard and decided without your account of events being heard — a clear disadvantage.
If you receive a notice (zawiadomienie), attendance is formally optional — but in any case where the outcome matters to you, being present in court is almost always in your interest.
Mediation — Worth Considering
Whatever you decide about the response to the petition, it is worth considering whether to reach out to your spouse about mediation. Mediation can help the parties reach an agreement on the terms of the divorce — or, if both sides are open to it, create space for a conversation about whether the marriage can be saved.
From our experience at the firm, a settlement is achievable far more often than people expect. A negotiated outcome is less stressful, faster and gives both parties far more control over the result. If direct communication with your spouse is difficult, a lawyer can act as an intermediary in negotiations.
FAQ
Do I have to respond to every single claim in the petition? No — you can accept some claims and contest others. You might agree to the divorce itself but dispute the proposed custody arrangement or the level of maintenance claimed. Your response does not have to be a blanket objection.
What happens if I do not file a response? The court proceeds without your position being heard. In divorce proceedings there is no default judgment, but the absence of a response means the court will not know your arguments or your evidential applications. That is a real and avoidable disadvantage.
Do I have to attend every hearing? If you receive a summons — yes, attendance is mandatory. If you receive a notice — formally no, but absence can work against you in practice.
Does mediation put the court proceedings on hold? On the joint application of both parties, the court can suspend the proceedings to give the spouses time for mediation or to attempt reconciliation. This is a genuine option where both sides are open to it.
How long do I have to file a response? The deadline is set by the court and cannot be shorter than two weeks. It is met if you post the response or hand it in at the court’s registry no later than the last day of the period.
Need help after receiving a divorce petition? 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