Divorces

How long does a divorce case take?

How long a divorce takes depends above all on whether the spouses agree on how to end the marriage and on matters concerning the children. A divorce without a finding of fault, with agreed positions on parental authority, contact and child support, can end at the first hearing - often within a few months of filing the petition.

Cases in which the spouses seek a finding of fault or remain in dispute over the children, maintenance or use of the shared home usually take longer - from over a year to even several years. The length of the proceedings depends, among other things, on the scope of the dispute, the number of witnesses, the need for expert opinions and the workload of the court.

Divorce cases are heard by the regional court for the spouses' last shared place of residence, if at least one of them still lives or usually stays in that district. In other cases jurisdiction is determined by the respondent's place of residence and then the claimant's. For residents of Gdańsk, Gdynia and most of the Tricity, the competent court is usually the Regional Court in Gdańsk. A carefully prepared petition, properly defined claims and well-chosen evidence help avoid formal defects and unnecessary delays.

How much does a divorce cost?

The court fee on a divorce petition is 600 zł and is paid by the party filing the petition. If the court grants a divorce without adjudicating on fault at the joint request of the spouses, half of this fee is refunded to the petitioner after the judgment becomes final. Additional costs may also arise in the case, for example the fees of experts from the OZSS team in a dispute over children.

The costs also include the attorney's fee, which we set individually depending on the complexity of the case. During the free initial case review we present estimated costs so that the client knows where they stand from the outset.

Divorce with or without a finding of fault?

This is one of the most important decisions in a divorce case; it may affect the length of the proceedings, the scope of evidence taken and the possibility of claiming maintenance between former spouses.

A divorce without a finding of fault is usually quicker and less emotionally draining, but it requires both spouses to agree. On the other hand, a finding that the other spouse is solely at fault can have significant financial consequences. The innocent spouse may claim maintenance if the divorce has significantly worsened their financial situation - even if they are not in need.

• Without a finding of fault – usually quicker, less adversarial and without a detailed examination of why the marriage broke down.
• With a finding of fault – usually longer and requiring appropriate evidence, but with the possibility of a more favourable maintenance obligation between former spouses.

Maintenance is not awarded automatically, however. Every situation needs an individual assessment, so we help you analyse the consequences of both options and choose the strategy that best protects your interests.

How does the court decide about the children in a divorce judgment?

In the divorce judgment, the court is obliged to rule on parental authority, the child's place of residence, contact and maintenance. If the parents present an agreed, reasonable parenting agreement (a so-called parenting plan), the court as a rule takes it into account and does not have to rule on contact. This is the most advantageous solution for the child.

Where there is no agreement, the court determines these matters on its own, guided by the child's best interests, sometimes after obtaining expert opinions. It is worth remembering that, for the duration of the proceedings, one may apply for an interim order on contact and maintenance, which brings order to the situation even before the judgment.

Content updated: 9 August 2026