How do i file for divorce?

27 April 2021 maius

How do i file for divorce? Divorce cases are commonplace in Polish courts, as well as in the work of family lawyers . The court process and its commencement require filing for divorce. The rules for its formulation are clearly defined in family law . What are the rules?

Divorce petition – basic information

Filing a divorce petition is not particularly different from any other lawsuit filed in court. In this case, however, three copies should be printed. Any attachments should also be prepared in three copies. Why in such a number? One of the sets of documents is the property of the court, the other two belong to each of the spouses. This rule should be followed as the court may ask you to clarify certain points in the documentation. In such a situation, it is worth having them in front of you so that you can properly address them.

Moreover, even before the hearing is scheduled, the court may ask for another annex to the statement of claim to be sent. It may also turn out that we have forgotten about an attachment while creating a copy of the statement of claim for the defendant. If we do not have at least a photocopy of the attachments, we are unable to fulfill the court’s obligations.The consequence of this may even be the return of the divorce petition and the restart of the procedure. It is also a serious waste of time.

How do I file for divorce?Attachments to the petition for divorce – originals or a photocopy?

The appendices to the statement of claim should include: a copy of the marriage certificate and birth certificates of their joint children. The originals should be submitted to the court, and the copies should be left for oneself. The attachments may also contain other documents: receipts, bank statements, etc. In this case, you can provide copies and possibly make the originals available for inspection at the hearing. There are several ways to file for divorce. First, by mail. It is best to send it by registered mail and attach the proof of postage to the third copy. Secondly, the statement of claim can be delivered in person to the Registry Office of the District Court. If you choose this option, you should also take your own copy with you. A person working in the administration office will place the so-called a presentation, i.e. a seal that confirms the receipt of a letter with a specific content and date (and time).

What should be in a divorce petition?

Each law firm advises what should be included in the letter. First of all in terms of content, because there are certain formal requirements that must be met. Therefore, the document should bear the designation of the court, a designation that it is a divorce petition and an indication of your own demands. Then the data of both sides. There are elements of the divorce decree that the court is required to take into account. Therefore – independently or in agreement with the law firm -you should indicate the position concerning them. First of all, if and which of the spouses is to blame for the breakdown of the marriage.

How do I put this statement? There are three ways to do this. First, you can refrain from adjudicating on fault. Second, an application can be made that takes into account the fault of the other party or both. It is worth remembering that if one of the partners applies for a guilty verdict, the court cannot adjudicate without guilt. The application may also include issues related to: division of property, contact with children, maintenance obligations or the method of sharing a flat (when both spouses occupy it). The lawsuit may also include spousal maintenance claims. Another element of the statement of claim is the justification in which the circumstances of the breakdown of the marriage and other important circumstances should be indicated. The signatory must be signed at the end of the statement of claim.

What should I attach to my divorce petition?

The lawsuit is only one element. It is worth to attach the appropriate attachments to it. What to choose? First of all, the aforementioned civil status records, including: marriage certificate and birth certificates of minor children, as well as proof of payment from the claim. The above-mentioned attachments are the basic minimum that should be included in the documentation. The others are very individual and may differ depending on the case. In the case of parents, it is important to attach documentation confirming the costs of maintaining children. If one of the parties demands that the other spouse be found guilty, appropriate evidence should be attached. They most often include: billings of telephone calls, printouts of text messages, private detective’s report.

Where to file for divorce?

First instance divorce proceedings are conducted in district courts, which are specified in the provisions of the Code of Civil Procedure. Consequently, the application for divorce must be submitted to the relevant district court. This court is the one closest to the last place of residence for the spouses. This provision applies if at least one of them is still registered there. If neither of the parties lives there anymore, the lawsuit should be sent to the nearest place of our own residence. If we do not meet these conditions, it is to the court that is assigned to the plaintiff.

In summary, a petition for divorce must be filed in the district court closest to where you live. The rules for its creation are clearly defined, so you should follow them.