Divorce, p.3

In case of the lack of common ‘lex patriae’ of married couple (one of the spouse has a Polish citizenship and the second one is a foreigner) the general rule is that the appropriate law will be the one of the place where married couple live and if they do not live in the same country, Polish law will be relevant.

An action ma be taken only through the court, where married couple live if at least one of the spouse is still living in that place. In case of the absence of such place, the only relevant court will be in the place where defendant lives. And if that cannot happen – the court where petitioner lives.  In Poland the appropriate court in the matter of divorce is district court.

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If a defendant will not appear at the hearing, it should not significantly leghten a divorce case. It means that even if a defendant who is a foreigner left Poland and came back to his or her country, making a divorce is still possible in Poland. Proceeding in Polish court is made on the same rules both for Poles and foreigners.

One should remember that in the case of being a foreigner by one of the spouse whose legal stay is based on being married, such permission may be reversed:

  • If temporary residence was granted – in the moment of decission about divorce (valid sentence of the court), because the goal of stay has ceased;
  • If permanent residence was granted – in the moment of decission about divorce (valid sentence of the court), before 2 years are out from the moment of granting the permanent residence.

In the case of decission about divorce, when permanent residence was granted before, if there is valid interest of the foreigner who justifies granting this permission once again, he or she can apply for permission maximum for the 3 years.

Divorce does not mean automatically a commandment of going back to the home country.

Each case must be evaluated individually – if you have any questions feel free to ask us.