👨👩👧 Family RightsDivorce in Poland — Procedures and Legal Requirements Explained
Understand divorce procedures and legal requirements in Poland. Learn your rights, steps to file, and when to get a lawyer — in plain language.
Last verified: April 2026
Divorce in Poland is a court-based process governed by the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy). Only a Polish court can legally dissolve a marriage, and the process involves specific legal grounds and procedures that both spouses must navigate. Understanding your rights and the steps involved can help you protect your interests and those of your children during what is often a difficult time.
⚖️ Your Key Rights
- ✓You have the right to file for divorce if the marriage has suffered a complete and permanent breakdown, meaning there is no longer any emotional, physical, or economic bond between the spouses.
- ✓You have the right to request that the court assign fault to one spouse when granting the divorce, which can affect future financial obligations such as alimony.
- ✓You have the right to seek alimony (alimenty) from your former spouse if the divorce results in a significant worsening of your financial situation, particularly if the other spouse is found at fault.
- ✓You have the right to have the court resolve child custody, contact arrangements, and child support as part of the divorce proceedings if you have minor children together.
- ✓You have the right to an equal division of marital property (majątek wspólny) accumulated during the marriage, unless a valid prenuptial agreement (intercyza) states otherwise.
- ✓You have the right to legal representation throughout the divorce process, and if you cannot afford a lawyer, you may apply to the court for a court-appointed attorney (pełnomocnik z urzędu).
- ✓You have the right to a divorce proceeding conducted in a dignified manner, including the right to present evidence, call witnesses, and respond to claims made by the other spouse.
📋 Common Situations Explained
Both spouses agree on the divorce (uncontested divorce)
If both spouses agree that the marriage has broken down and can reach agreement on child custody, property division, and other issues, the court proceedings are generally faster and less adversarial. The court will still hold at least one hearing, but may grant the divorce more quickly if all matters are settled. However, even in agreed divorces, the court must confirm that a complete and permanent breakdown has occurred.
One spouse does not want a divorce (contested divorce)
If one spouse opposes the divorce, the process becomes more complex and can take significantly longer. The court will examine whether a complete and permanent breakdown of the marriage has occurred, and the opposing spouse may argue that conditions for divorce have not been met. In rare cases, the court may refuse to grant the divorce if it finds the breakdown is not permanent or if granting it would violate the welfare of the children or principles of social coexistence.
Divorce with minor children involved
When the couple has minor children, the court is required to decide on parental authority (władza rodzicielska), the child's place of residence, contact arrangements with the non-custodial parent, and the amount each parent must contribute to the child's upbringing. The court's primary consideration is always the best interests of the child, and it may request a report from a Family Diagnostic and Consultation Centre (OZSS) to help make its decision.
Claiming fault and its impact on alimony
Either spouse can request that the court declare one party exclusively at fault for the breakdown of the marriage due to reasons such as infidelity, domestic violence, or alcohol abuse. If found exclusively at fault, that spouse may be ordered to pay alimony to the other even if the other spouse is not in financial need. A spouse not found at fault can claim alimony if their standard of living significantly deteriorates after the divorce.
Dividing property after divorce
Assets acquired during the marriage are generally considered joint marital property and are divided equally upon divorce, unless a prenuptial agreement specifies otherwise or one party can prove that certain assets were acquired solely from personal funds. Property division can be agreed upon privately after the divorce or resolved through a separate court proceeding. Assets owned before the marriage or received as gifts or inheritances during the marriage are typically considered personal property.
🚀 What To Do
- 1Consult a family law attorney to assess your situation, understand your rights, and determine whether to file for a fault-based or no-fault divorce before taking any formal action.
- 2Prepare and file a divorce petition (pozew o rozwód) with the Regional Court (Sąd Okręgowy) in the district where you and your spouse last lived together, or where one of you currently lives. Include all required documents such as your marriage certificate, children's birth certificates, and any evidence relevant to your case.
- 3Pay the court filing fee, which is currently a fixed fee of 600 PLN for a divorce petition. If you cannot afford this, apply to the court for an exemption from court costs (zwolnienie od kosztów sądowych).
- 4Attend all scheduled court hearings. The court will hear testimony from both spouses, and may also hear from witnesses. If children are involved, the court may order a psychological or family assessment from an OZSS centre.
- 5Participate in mediation if the court recommends it, particularly regarding child custody and contact arrangements. Mediation is not mandatory but is encouraged and can lead to faster, mutually acceptable agreements.
- 6Once the court issues the divorce judgment (wyrok rozwodowy), wait for it to become final (prawomocny), which typically happens 21 days after the judgment if neither party appeals. You will then receive an official copy of the final judgment, which you can use to update your civil status records and begin any property division proceedings.
👨⚖️ When to Get a Lawyer
You should seek professional legal help immediately if your divorce involves disputes over child custody, significant assets, allegations of fault, domestic violence, or if your spouse has already hired a lawyer. Legal representation is especially important if you are unfamiliar with court procedures or if you feel pressured to agree to terms that may not be in your best interest.
🔗 Official Resources
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