Divorces

How long does a divorce case take?

The duration of a divorce depends primarily on whether it is by mutual consent or contested. A divorce without a finding of fault, where the spouses agree on the children and the division of roles, can be concluded as early as the first hearing, that is usually within a few months of filing the petition. A divorce with a finding of fault or involving a dispute over parental authority and contact usually takes longer, often from over a dozen months to more than a year.

A divorce case is heard by the Regional Court with jurisdiction over the spouses' last shared place of residence. For residents of Gdańsk, Gdynia and the Tri-City area, this most often means proceedings before the Regional Court in Gdańsk. A thoroughly prepared statement of claim and evidence genuinely shorten the entire proceedings.

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 determine individually depending on the complexity of the case. During the free preliminary case analysis we present a realistic scenario and the anticipated costs, so that you know where you stand from the outset.

Divorce with or without a finding of fault?

This is one of the most important decisions in a divorce case and is always worth considering with a lawyer. A divorce without a ruling on fault is faster and less emotionally burdensome, but requires the consent of both spouses. A ruling of the sole fault of the other spouse may be of significant importance for maintenance in favour of the innocent spouse.

• Without fault - faster, less contentious, requires the consent of both parties.
• With fault - takes longer, requires evidence, but opens the way to broader maintenance claims.

We help assess which solution genuinely protects your interests and the interests of the children.

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.