Is it possible to divorce in Poland when one of the spouses lives abroad?

In today's post I will address a problem that has been exacerbated by the growing phenomenon of economic emigration. Many people in search of better wages have decided to leave abroad, Some of them left family in Poland. As a result of various circumstances, contacts and mutual ties have weakened. In such a situation, the decision to divorce is often taken. Is the fact that one of the spouses lives permanently abroad an obstacle to obtaining a divorce in Poland?

Divorce in Poland from a spouse living abroad

It happens that one of the spouses has left abroad and has taken up permanent residence there. If the spouse who has remained in the country wishes to bring a petition for divorce, it must first establish whether the case may proceed in Poland and before which court. For the sake of simplicity, let us assume that the spouses are Polish citizens.

Pursuant to Article 1103(1) § 1 para. 4 of the Code of Civil Procedure, matrimonial cases and cases concerning matrimonial property relations also fall under national jurisdiction if both spouses are Polish citizens. This provision stipulates that despite the permanent departure of one of the spouses abroad, the case will be able to take place in Poland. Now that we have clarified one issue, it remains to determine the competent court. This is resolved by Article 41 of the Code of Civil Procedure. According to this provision petition for divorce should be filed with the court in whose district the spouses were last domiciled, if at least one of them is still domiciled or habitually resident in that district.

Example: After your marriage you moved in together in Kraków. After some time one of the spouses has gone abroad, while you still live in Kraków. In this case, a petition for divorce should be filed with the Regional Court in Kraków.

It sometimes happens that a spouse who has remained in the country decides to change domicile. In such a case, it is necessary to determine whether the change of residence results in a change of judicial district. If this is the case, the court with jurisdiction will be the court of the claimant's domicile.

Example: Before your spouse went abroad you lived in Krakow, after some time you move permanently to Poznan. The petition for divorce should be filed with the District Court in Poznań.

What if neither spouse lives in Poland?

It may also be the case that neither spouse is already resident in Poland. It will still be possible to conduct a divorce case in Poland. The Supreme Court will decide which court will have jurisdiction to hear the case. A request to designate the competent court may be made before or after the filing of the petition. Such a request may be included in the content of the statement of claim, and the statement of claim itself submitted to any district court. This court, after reviewing our application, will ask the Supreme Court to designate the competent court.

Do you need additional legal assistance? You have questions about your divorce, email me!