Divorce step by step - how divorce proceedings work, what they cost and how long they take

Hanna Zarzycka, attorney-at-law · 27 July 2026 · 7 min read

Divorce cases are always heard by a regional court, the court fee for the petition is fixed at PLN 600, and an uncontested divorce - without adjudication of fault - can end as early as the first hearing. In this guide we walk you through the whole procedure step by step: from the decision and gathering documents, through the course of the hearing, to the judgment becoming final and the matters worth settling after the divorce.

When will the court grant a divorce?

The court will dissolve a marriage only where a complete and irretrievable breakdown of the marriage has occurred. In practice this means the end of three bonds: emotional, physical and economic - in a way that offers no prospect of the spouses returning to a shared life. The mere fact that the spouses still live under one roof does not rule out a divorce, as long as each of them leads a separate life.

Importantly, the other spouse's consent is not required for a divorce to be granted - the court examines the facts, not whether both parties want to part ways. The respondent's objection may prolong the proceedings, but it does not block them. The exception is where the divorce is sought by the spouse solely at fault - more on this below.

Even where the breakdown is complete, a divorce will not be granted if it would harm the welfare of the couple's minor children, if it would be contrary to the principles of community life (e.g. where one spouse is terminally ill and requires care), or if it is sought by the spouse solely at fault for the breakdown while the other spouse withholds consent and that refusal is not, in the circumstances, contrary to those principles.

Step 1. The decision: divorce with or without adjudication of fault?

This is the most important strategic decision before filing the petition. At the joint request of both spouses the court will refrain from adjudicating fault - the case is then faster, cheaper and less emotionally taxing. A finding of fault, however, has real consequences for maintenance between former spouses: the innocent spouse may claim it from the spouse solely at fault as soon as the divorce significantly worsens their financial situation. The choice is best preceded by an analysis of the evidence and the real financial consequences - we discuss both scenarios during a consultation.

What does the court treat as fault for the breakdown of a marriage?

In case law, culpable causes of the breakdown of a marriage include above all: infidelity (including emotional infidelity), physical and psychological violence, addictions (alcohol, gambling), abandoning the family, refusing marital cohabitation without justification, as well as a gross lack of loyalty and support - e.g. concealing income or running up debts without the spouse's knowledge. An important rule: fault cannot be graded. The court does not determine who was "more" to blame - if both parties contributed to the breakdown, even to unequal degrees, it grants the divorce through the fault of both spouses.

Step 2. Documents and the divorce petition

The petition should state what you are seeking (dissolution of the marriage, decisions concerning the children, possibly maintenance) and include a statement of grounds - a description of the breakdown of the marriage together with supporting evidence. The key attachments to the petition are:

• an abridged copy of the marriage certificate,
• abridged copies of the birth certificates of the couple's minor children,
• a statement of income and a summary of living costs - if you are claiming maintenance,
• evidence supporting the allegations of fault (correspondence, documents, witnesses) - in contested cases,
• proof of payment of the court fee or an application for exemption from costs.

If the spouses have minor children together, it is worth preparing a parenting agreement at this stage - a joint plan covering parental authority, the child's place of residence, contact arrangements and child support. A well-prepared agreement can shorten the case by many months.

The petition itself can also include applications for interim measures - above all for maintenance and contact with the children for the duration of the proceedings. This matters because the case may take many months, and the family needs clear rules right away: an interim maintenance order is enforceable immediately, without waiting for the judgment.

Step 3. Filing the petition - how much does a divorce cost?

The petition is filed in two copies with the regional court for the district where the spouses had their last shared place of residence (provided at least one of them still lives there). The court fee is PLN 600. If the court grants the divorce without adjudicating fault, it will refund half of the fee of its own motion once the judgment becomes final. Additional costs to budget for include the lawyer's fee, PLN 17 stamp duty on the power of attorney, possible mediation and - if you apply for division of marital property - a fee of PLN 1,000 (or PLN 300 where the application includes an agreed division plan).

Step 4. The response to the petition and mediation

Once the petition is served, the other spouse files a response addressing the claims. At any stage the court may refer the parties to mediation - both on the divorce itself and on contested issues: maintenance, contact arrangements or the use of the home. A mediated settlement often ends the case faster and at lower cost than a full trial.

Step 5. The hearing - how it unfolds and what the court asks

Divorce hearings are held behind closed doors - only the parties, their lawyers and summoned witnesses are present in the courtroom. The court always examines both spouses: it will ask about the course of the marriage, the reasons for the separation and whether you see any chance of returning to a shared life. Where the spouses have no minor children together and are in agreement, the taking of evidence may be limited to examining the parties - which is precisely why an uncontested divorce can be completed in a single hearing. Increasingly, hearings are also held remotely, by videoconference.

Where the children are in dispute, the court usually admits an expert opinion from the Court Specialists' Advisory Team (OZSS) - psychologists and educators then examine the child's bonds with each parent and the parents' parenting competences. The opinion often takes many months, which is why working out a parenting agreement - making this evidence unnecessary - is so valuable. The child does not appear at the hearing as a witness - the court may hear the child outside the courtroom, in a child-friendly setting.

Step 6. The divorce judgment - what does the court decide?

In the judgment the court rules not only on the dissolution of the marriage and on fault (or on refraining from adjudicating it). It must also decide on parental authority over the couple's minor children, on contact with them and on child support - that is, how much each parent is to contribute to the costs of the child's upbringing and maintenance. If the spouses share a home, the court also determines how it is to be used after the divorce. The court may order the division of marital property in the divorce judgment only exceptionally - where this will not cause undue delay; most often it is carried out separately, after the divorce.

Step 7. After the judgment - finality and formalities

The judgment becomes final if neither party files an appeal. From that moment you can, among other things, return to your previous surname - the declaration is made before the head of the civil registry office within three months of the judgment becoming final. It is also the moment to put your property affairs in order: carry out the division of marital property, update your will or the authorisations to your bank accounts.

Divorce, the shared home and the mortgage

A divorce ends the marriage, but it does not change the loan agreement - if you took out the mortgage together, you both remain jointly and severally liable to the bank, regardless of who ends up with the property. In practice there are three solutions: one spouse taking over the debt (with the bank's consent, after a creditworthiness assessment), selling the property and repaying the loan, or - temporarily - continuing to repay it together on agreed terms. The home and mortgage question is best planned alongside the division of marital property, as it usually determines the realistic post-divorce scenario.

The most common mistakes in divorce cases

• Acting on emotion - abusive messages, rows and social media posts regularly become evidence in fault proceedings.
• Failing to secure interim maintenance for the duration of the proceedings - the case takes months, and the children's living costs do not wait for the judgment.
• Seeking a finding of fault without evidence - being convinced of your spouse's fault is not enough; unproven allegations prolong the trial and harden the other side's position.
• Dragging the division of property into the divorce case - exceptions aside, this is the surest way to make the divorce last for years.
• Verbal arrangements about the children - without a written parenting agreement, every conflict goes back to square one.

How long does a divorce take?

Everything depends on what the parties are disputing. An uncontested divorce without adjudication of fault often ends at the first hearing - in practice a few months after the petition is filed, depending on the workload of the particular court. A case with adjudication of fault, or with disputes over parental authority, contact or maintenance, requires witnesses and often expert opinions - and usually takes from a year to several years. The biggest factors affecting the length of a case are the number of contested issues, how efficiently the evidence is prepared and whether the parties are open to a settlement.

How a lawyer helps in a divorce case

In the divorce cases handled by our firm we make sure the strategy is set before the petition reaches the court - from the choice of variant (with or without fault), through the parenting agreement, to securing interim maintenance for the duration of the proceedings. See how we handle divorce cases, or simply book a consultation - online or at our office in Gdańsk.

Article author

Hanna Zarzycka, attorney-at-law

Attorney-at-law, Managing Partner of the Zarzycka i Partnerzy law firm. She handles family, criminal, civil and commercial cases - in Gdańsk, Gdynia and throughout Poland. Meet the author →