Divorce in Poland. Selected aspects

According to Article 56 § 1 of the Family and Guardianship Code, if there has been a complete and permanent breakdown of the marriage between the spouses, either spouse may request that the court dissolve the marriage through divorce. One spouse (the petitioner) must file a divorce petition (pozew o rozwód) with the appropriate district court (sąd okręgowy) in Poland. There is no legal basis for resolving a marriage through the agreement of the spouses or through administrative procedures. In the Polish legal system, divorce proceedings fall within the exclusive jurisdiction of the civil court.The court will serve the divorce petition to the other spouse (the respondent), who will have the opportunity to respond. According to Article 56 § 2 of the Family and Guardianship Code, even in the case of a complete and permanent breakdown of the marital relationship, divorce is not permissible if it is requested solely by the spouse at fault for the breakdown of the marriage, unless the other spouse consents to the divorce or the refusal of their consent in the given circumstances contradicts the principles of social coexistence. (...) Kancelaria Adwokacka Adwokat dr Piotr Sobański LL.M. Plac Pocztowy 6/4 Zielona Góra Polska piotr.sobanski@adwokatura.pl ORCiD: 0000-0001-8303-1125