LEGAL SERVICES OFFER – LAW FIRM: DIVORCE CASES
Divorce is one of life's most difficult decisions, posing both emotional and legal challenges. Our law firm provides comprehensive divorce assistance, supporting clients through this difficult process with the least possible burden. We offer a personalized approach, professionalism, and commitment to protecting your interests and the well-being of your children.
WHY US?
Our law firm draws on years of experience handling divorce cases of varying complexity. We represent clients in court, negotiations, and mediation. We operate with a complete understanding of the emotional aspects of each case. Our priority is to protect our clients' interests, minimize the stress associated with the proceedings, and develop optimal legal solutions.
Our services include:
- Representation in divorce cases – both simple and complex ones
- Preparation of documentation – lawsuits, responses to lawsuits, appeals and other procedural documents
- Negotiations and mediation – to reach compromise solutions
- Division of property – support in the amicable and judicial division of joint property
DIVORCE – WHEN IS IT POSSIBLE AND HOW
TO DRIVE IT?
The basis for filing a divorce petition is the complete and permanent breakdown of the marital relationship, including the severance of emotional, physical and economic ties between the spouses.
Fault-based divorce
Choosing this form can be crucial in the event of conflicts over property division or alimony. We specialize in:
No-fault divorce
For spouses seeking an amicable end to their relationship, we offer comprehensive support in negotiations. Our law firm will help you develop conditions that will allow for a quick and less stressful resolution for both parties. We offer:
Fault-based divorce versus no-fault divorce
Fault-based divorce
Choosing this form can be crucial in the event of conflicts over property division or alimony. We specialize in:
- Analysis of evidence pointing to the guilt of one of the spouses (e.g. infidelity, domestic violence, alcoholism)
- Preparing a legal strategy that takes into account the specific circumstances of the case
- Representation in court and during mediation when the goal is compromise
No-fault divorce
For spouses seeking an amicable end to their relationship, we offer comprehensive support in negotiations. Our law firm will help you develop conditions that will allow for a quick and less stressful resolution for both parties. We offer:
- Preparation of necessary documentation
- Filing a lawsuit and representing the plaintiff at the hearing
- Amicable settlement of divorce and child custody terms
ALIMENTARY ISSUES AND
PARENTAL AUTHORITY
One of the most crucial aspects of divorce cases is decisions regarding children. Our lawyers offer comprehensive support in:
- Determining the amount of child support: We conduct a detailed analysis of the financial situation and needs of the child to prepare a request for child support or a response to the request of the opposing party
- Regulation of parental authority: We represent clients in cases concerning the limitation, deprivation or granting of full parental authority
- Contact with children: We help establish rules for meetings and prevent abuse in relationships between parents and children
MEDIATION AND NEGOTIATION – THE KEY
TO SUCCESS
We believe that in many cases, mediation is the best solution, avoiding lengthy court proceedings. We support our clients in reaching satisfactory compromises in matters concerning property division, child custody, and contact arrangements. We prepare agreements that form the basis for mutually agreed-upon arrangements between the parties.
ENTREPRENEURS' DIVORCE - HOW
SECURE YOUR ASSETS?
Divorce for sole proprietors requires special attention to the division of assets and safeguarding the company's interests. We offer support in:
- Establishing a retroactive separation of property regime to protect income earned after the breakdown of the relationship
- Determining the division of the enterprise
- Protection of entrepreneurs' interests in divorce proceedings
DIVISION OF JOINT PROPERTY
In addition to divorce, settling property issues between (former) spouses is a crucial issue. We assist with:
- Conducting cases regarding the division of property, both amicably and in court
- Determining unequal shares in property
- Preparing and negotiating settlements that protect the client's interests
WHY IS IT WORTH USING
OUR SERVICES?
- Professionalism and discretion: We know how sensitive family matters are, which is why we always act with the utmost respect for our clients' privacy.
- Individualized approach: Every case is different. We develop a strategy that best suits your specific situation.
- Comprehensive service: We provide full support from document preparation, through court representation, to mediation
- Emotional and professional support: we know how difficult and stressful the divorce process is, but having an experienced lawyer gives you a sense of security and support, which is extremely important in difficult times
- Understanding complex procedures: Court proceedings involve many formalities and procedural requirements; a lawyer will guide you through the entire process, minimizing the risk of making mistakes that could negatively impact the outcome of the case.
FREQUENTLY ASKED QUESTIONS (FAQ)
1. How to file for divorce?
A divorce petition should be filed with the district court with jurisdiction over the spouses' last common residence. The petition should specify the manner of dissolution of the marriage, the cause of the breakdown, and the requested resolution of other issues, such as the division of property, alimony, and parental authority. The petition should be accompanied by a copy of the marriage certificate, birth certificates of any minor children, and proof of payment of the court fee (or an application for a court fee waiver). It is advisable to seek the assistance of a lawyer who will prepare the petition in accordance with applicable law and protect your interests during the hearing.
2. How much will a divorce cost in 2025?
The court fee for filing a divorce petition is PLN 600. The most convenient way to pay the fee is by bank transfer to the court's bank account listed on the relevant court's website. If the court issues a judgment without finding fault at the parties' joint request, the court will automatically refund half of the fee, i.e., PLN 300. This fee may also include the costs of legal representation (attorney's fees), expert opinions (e.g., the OZSS), or mediation. Costs vary depending on the complexity of the case and whether the divorce is based on fault. In its final judgment, the court may require the spouse at fault to reimburse the spouse filing the divorce petition.
3. How long does a no-fault divorce take?
A no-fault divorce typically takes less time than a fault-based divorce—in simple cases, it can be completed in just one hearing. The waiting time for a hearing depends on the court's workload.
4. What documents are needed for a divorce?
Required documents include a copy of the marriage certificate, copies of the children's birth certificates (if any), evidence of the breakdown of the marriage (e.g., correspondence, witness statements), and proof of payment of the court fee.
5. Who gets custody of children after a divorce?
The court decides who will be entrusted with parental authority and determines the child's place of residence. It may grant full rights to both parents, limit the authority of one of them, or deprive them of it. The child's best interests are paramount in the court's decision.
6. How to get child support after divorce?
Child support can be claimed in a divorce petition or in separate proceedings. The court determines the amount based on the child's reasonable needs and the parent's earning capacity. A well-prepared petition and documentation of costs increase the chances of obtaining an appropriate amount.
7. Can you apply for alimony after a divorce?
Yes, but only in certain cases. An innocent spouse may demand alimony from the guilty spouse if the divorce significantly worsened their financial situation. In the case of a no-fault divorce, alimony is only possible in cases of financial hardship and for a maximum of five years after the divorce, unless the court, due to exceptional circumstances and at the request of the entitled party, extends this period.
8. Is property divided in a divorce?
The division of marital property does not have to be included in the divorce decree – it can be requested, but the court may refuse if the matter requires lengthy proceedings. Typically, property division is conducted after the divorce in a separate civil proceeding.
9. Do I need a lawyer for a divorce?
No, but the assistance of a lawyer significantly increases the chances of a favorable outcome. A divorce lawyer will prepare the petition, protect your interests, conduct the proceedings, and help gather the appropriate evidence. In difficult cases (e.g., those involving a guilty verdict or child custody), a lawyer's assistance is crucial.
10. Is adultery grounds for a finding of guilt?
Yes. Adultery is one of the most common reasons for finding fault in the breakdown of a marriage. The court may grant a divorce based on the fault of one party if the infidelity has been proven and has led to a permanent breakdown of the marriage. It is advisable to secure evidence before filing a lawsuit. It would also be advisable to consult the circumstances of the marital breakdown with a lawyer, who will be able to assess the likelihood of finding fault on the other party, as in divorce cases, everything that seems black to us may not necessarily be so in the court's opinion.
11. What to do if your spouse does not want a divorce?
A lack of consent from a spouse does not prevent a divorce. The court may grant a divorce despite an objection if it determines that the marital relationship has irretrievably and completely broken down. A lawyer will help prepare arguments and gather evidence to convince the court of the necessity of a divorce.
12. Is mediation mandatory?
If there are prospects for maintaining the marriage, the court may refer the parties to mediation, even during the suspended proceedings.
CONTACT US
If you need assistance with your divorce, please contact our law firm in Nysa or Wrocław. An initial meeting is an excellent opportunity to discuss the details of your case, review the documents, and explore possible scenarios.