Michał Surówka
Advocate
SURÓWKA Law Firm
How to Write a Divorce Petition?
It is worth emphasizing that this article is of a general nature. For individual consultations, please contact attorney Michał Surówka directly at +48883921775 or via email at adwokat.m.surowka@kancelariasurowka.pl. The law firm is based in Kraków (Cracow), Poland but provides services throughout the entire country.
How to Write a Divorce Petition? Writing a divorce petition is a task that requires not only legal knowledge but also empathy and communication skills. The foundation lies in precisely formulating the claims, supporting them with appropriate evidence, and understanding the individual needs of the client. A divorce petition should be clear and concise yet tailored to the specifics and requirements of the particular case. By meticulously preparing the documentation, one can significantly increase the chances of a favorable resolution. What else should be taken into consideration?
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How to Draft a Divorce Petition?
Divorce is the dissolution of a marriage by a court at the request of one or both spouses. In Poland, this process is governed by the Family and Guardianship Code as well as the Civil Procedure Code. A properly drafted divorce petition is the first step in the proceedings, requiring not only legal expertise but also an understanding of the client’s individual circumstances. It is crucial for the divorce petition to be clear, compliant with applicable regulations, and to address all relevant legal and factual aspects.
What Should a Divorce Petition Include?
A divorce petition should include the full identification details of both parties, i.e., the plaintiff and the defendant. The required information includes:
- Full name,
- PESEL (Polish national identification number),
- Address of residence.
Additionally, it is advisable to include a correspondence address if it differs from the residential address. Accurate identification of the parties is essential, as incorrect details may lead to delays in the process or even the dismissal of the petition. According to Article 41 of the Civil Procedure Code, a divorce petition should, as a rule, be submitted to the district court with jurisdiction over the couple’s place of residence. If the spouses do not share a place of residence, the petition should be submitted to the court with jurisdiction over the defendant’s place of residence. If the defendant’s residence cannot be determined, the court with jurisdiction over the plaintiff’s residence will be appropriate. The next step is to clearly specify the plaintiff’s demands. The most common demands in divorce petitions are:
- Dissolution of the marriage without determining fault,
- Dissolution of the marriage with determination of one party’s fault,
- Determination of child or spousal support,
- Division of joint property.
Each of these demands must be supported by appropriate arguments and evidence, which will be crucial for the outcome of the case. If you wish to prepare a divorce petition on your own, templates are available at the courts.
Support in Divorce Cases is Provided by SURÓWKA Law Firm
When drafting a divorce petition, it is important to be fully aware that this document can have a decisive impact on the lives of those who have entered into marriage. Therefore, it is worth dedicating proper attention and care to ensure not only that formal requirements are met but also that the client’s interests are properly represented in court.
A divorce lawyer in Kraków at SURÓWKA Law Firm knows exactly how to write a divorce petition that not only meets formal requirements but also facilitates a quick and successful resolution of the case. We have extensive experience in representing clients in both no-fault divorce proceedings and more complex cases involving fault determination, property division, and child custody arrangements. With our knowledge and commitment, we help clients navigate the divorce process in the least stressful way possible, protecting their interests and striving for the best possible outcomes. We encourage you to seek assistance from a divorce lawyer in Kraków.
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For detailed information relevant to the specifics of a particular case, regardless of its location in the country, especially in the Lesser Poland, with particular emphasis on Krakow (Cracow), Poland as well as in the Śląskie or Podkarpacie Voivodeships, it is advisable to visit the contact section.