When can I get divorced according to polish law?
Recently, more and more marriages are getting divorced. Divorce cases are among the most frequently heard by the courts in Poland. So it is not surprising that more and more clients come to our law firm, interested in resolving their marriage. These clients, when talking with a solicitor or lawyer, often ask the question – When can I get a divorce – how long after the marriage?
The law of some other countries provides that the dissolution of marriage can not take place in certain cases. For example, German law states that a marriage can be dissolved if the spouses have lived apart for at least 1 year. In turn, in Ukrainian law, the decision of divorce is inadmissible if the spouse is pregnant and within 1 year of the birth of the child.
Polish law does not provide for such conditions. Divorce can be taken regardless of how much time has passed since the marriage, the severance of ties between spouses, as well as when a woman is pregnant or expecting a child.
A necessary condition for divorce is that there should be a complete and lasting dissolution of marital life between the spouses. Such a breakdown is manifested in the fact that there are no longer any ties between the wife and the husband, and there is nothing to indicate that this situation will change. So there is no spiritual connection (lack of conversations, support, understanding, etc.), neither physical bond (lack of cohabitation), nor economic (lack of joint management of money). Each time, the court examines whether these conditions have been met, because as you know, every marriage is different.
When deciding on a divorce case, the court also examines whether the well-being of the joint, minor children will suffer as a result of the divorce. From the experience of our law firm, as well as the statistics of the District Court in Poznań, it is very rare for a divorce lawsuit to be dismissed. Many times, when deciding on a divorce, the court considers that the good of the children does not prevent the decision of the divorce, since the further duration of the marriage may have a bad effect on them. This is quite obvious, because you can not allow a situation in which a small child is brought up, for example, with a father who is an alcoholic – it is better that he grew up in a single-parent family than in a family that is pathological. However, it is known that every situation is different and sometimes the fact of having small children can rule out the dissolution of marriage. For example, such a conviction can come to the court when the spouses want to divorce due to incompatibility of characters, and they are the parents of young children with whom everyone has good contact.
In general, however, there is a good chance that by filing for divorce, this divorce will be decided. However, each situation must be approached individually and present your case to the court.
We are glad that you found the time to read our article on the topic of divorce. We also recommend our other publications on divorce and family law.
Divorce lawyer Joanna Jędrzejewska Mickiewicza 18A / 3 in Poznań
+48 504 126 688