Divorce, p.2

When the decission about a divorce is made, one must draw up an action, complete and attach evidences, make a stamp charge and then direct the action to the appropriate court.

Evidences in your case may be: testimonies of eye-wtnesses, audio and video recordings, text messages, bills, letters etc.

In case of applying for divorce against your spuse who is guilty of domestic violence, there will be necessary to collect: notes from the intervention of the Police, autopsy and medical certificate.

If your children are juvenile, the court in his decission is obligated to decide about parental responsibility. It can be made by leaving it to both parents, divesting of it one of the parents or, if it is necessary, divesting both parents. The court makes this decission based on a child welfare and podagogic competencies of parents. One must remember that the time of divorce is difficult not only for married couple, but also or even more for children. Try to comfort them, give as much calmness as you can. Do not argue when they are around, do not speak ill of your spouse, try to ensure contact with both of you. For a welfare of children try to understand each other if this is about emotional care of your children. They do no understand what is going on between you, especially when they are under 8, and their world changes only because you change it.

Make an appointment with our lawyer!

You can obtain legal advice concerning family law in our Foundation without need to leave your home. Make an appointment online: mahdieh@fds.org.pl or ewa.legal@fds.org.pl or call us: 736 381 111

However, if there is by any chance a concern that one of the parents is not able to take care of children appropriately or negects his or her duties, the second parent may apply to the court for an arrangement of children stay in his or her place of living, simultaneously with proposal of access policy. The court in the divorce proceedings may decide about it.

Morevover, there is a possibility of secure relations by making appropirate decission. Then contacts with children may be made in dates, place and time set in this decission.

If you apply for alimony you must prove justified needs of children and you and fortune and wages capability of a parent obligated to pay alimony. The amount of alimony depends on justified children needs and financial capability of a parent obligated to pay alimony. According to the rules of force each of the spouse is obligated to fulfill children needs by bearing costs of their living in equal way. The poor economic situation is not a basis of the maintenance obligations to be lifted. However, in the situation where on of the parents is taking care of children it means that he or she has expenditures. The expenditures include food preparation, help with homework, taking care of intellectual and emotional development, accompanying to school or kindergarden, laundring or ironing…

In that case the second parent is obligated to be a contributor to fulfilling children financial needs.

The court in the divorce proceedings, on the basis of an application of one of the spouse ma secure one of the spouse by setting an amount of alimony that has to be paid until the end of the proceedings.

In the case where a divorce petition includes an application for a distribution of property – one must show the property to be shared. That application in worth to apply when you agreed to that matter. Then it will not affect the lenght of the proceeding – otherwise it is advisable to do that in separate porceeding.

The legal fee is 600 zł. The court returns half of it when the divorce petition includes an application for not deciding about guilt. In the sentence the court will decide that the spuse has to pay half of the fee, so finally the cost of divorce case is 150 zł, however you need 600 zł to start the proceeding.