Do you know how a divorce works?

Czy wiesz jak przebiega rozwód?

Do you know how a divorce works? Divorce is not a pleasant experience. Perhaps its course will be the most difficult period in our lives. Of course, there are divorces that end at the first hearing, but there are also those that last for years. So let’s find out how the divorce proceeds?

Beginning of the proceedings

At the very beginning, we would like to point out that it will be safest to immediately apply for help to an experienced law firm . A family lawyer  or a strict divorce lawyer should help us . However, we must immediately make it clear that the Code of Civil Procedure does not impose an obligation to act with a lawyer on the party who requests a divorce.

It is our choice. The divorce procedure itself, as well as many other civil proceedings, is initiated as a result of filing a lawsuit. The statement of claim should meet all the conditions of a pleading.

So what should it contain? Certainly, the designation of the court to which it is addressed, the names and surnames of the parties or their possible attorneys and representatives. What’s more, it should contain the type of letter, the signature of the page, the basis of the application and the list of individual attachments.

In addition to the above-mentioned aspects, the statement of claim should specify the exact demands, cite the factual circumstances that justify these demands or whether the parties have made any attempt at mediation. The filing fee is six hundred zlotys. This is how the divorce process begins. We may already have a big problem with the above. Especially when the law is not our strong suit. However, let us always remember that the law firm can basically settle the matter for us.

Divorce and its course

Counter-claims are not allowed during the divorce process, and you cannot file a separate legal separation or divorce case. However, it is possible that the other party also demands development.

The main purpose of the evidentiary proceedings during the course of development is nothing else than to determine the circumstances that relate to the breakdown of the marriage, as well as the circumstances that relate to joint children and their situation. Family law comes into play here. In this regard, it also determines whether the possible development between the parties bears the hallmarks of permanence and completeness.

Have the conditions been met that determine the possibility of adjudicating development on the basis of the provisions of both the Guardianship Code and the Family Code? A solution that can speed up the course of development significantly, if the parties do not have common minor children, is the so-called limitation of divorce proceedings only to the questioning of the parties. In this context, we must emphasize that in the relevant provision, the legislator uses the concept of minor children, i.e. children who have not yet turned eighteen.

 In a divorce petition, you can also pursue maintenance claims at the same time. Be it for the children of the joint parties, or for the benefit of one of the spouses from the other. However, these claims cannot be pursued in other proceedings during the divorce process. The same applies to the issue of parental authority or the division of property itself , which also evokes considerable emotions.

The divorce proceedings in the courtroom

Most often, during the divorce process, apart from the spouses, only the judges and, of course, the parties’ attorneys are present in the courtroom. The attorney or solicitor is usually the attorney. In this case, a special power of attorney should be granted for the needs of a specific divorce case.

Sometimes the parties also declare their willingness to participate in the divorce process of the so-called shop steward. It can be a person who is close to the site. However, the shop steward cannot speak during the court hearing. In the first place, they always check the attendance list of individual people who have been reported. Thanks to this list, the court determines who actually appeared at the hearing. In addition, the court also verifies whether the notice itself has been properly served. The divorce process always begins with a question to ask spouses who are going to divorce.

What is the next step? The next stage is the questioning of witnesses. In this case, the spouses have the right to ask them questions. After hearing each witness with a person, the court proceeds to hearing the spouses, who present their position and can also refer to the testimonies of the witnesses. The last stage of this divorce procedure is the announcement of the judgment. A very important piece of information is that the spouse does not have to be present when the judgment is pronounced. However, if he does not intend to appear, he must submit an appropriate application for delivery of the judgment.

As you can see in the attached picture, it is a bit complicated. Let us be aware that no shifts, doubts or other “games” have been shown here, which, unfortunately, are used by the parties in courtrooms. The lengthy years of a court case are not pleasant. We want to get this over with once and for all.

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