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You are preparing to divorce? This process may seem tedious and complicated to you, but it doesn't have to be. In this post, I would like to present a checklist of documents to be collected and attached to the petition for divorce.
1. copy of the marriage certificate
This is the official document that contains information about your marriage. To petition for divorce both can be included abridged copy, as well as full copy. If you do not have this document at home, you can turn to the Civil Registry Office for its issue. The following must be paid for the issue of a copy of the marriage certificate stamp duty at the rate of PLN 22 for an abbreviated copy and PLN 32 for a full copy. If the application is submitted for you proxy, also remember the stamp duty on the power of attorney, which is PLN 17.
2. copies of children's birth certificates
If you have in common minor children, the claim must also be accompanied by a copy of their birth certificates. Again, it does not matter whether it is an abridged or a full copy. The stamp duty for the issue of these copies is the same as in the point above. The fee must be paid for each copy separately. If you have two children, you will pay PLN 44 for two abridged copies or PLN 64 for two full copies of birth certificates.
3. proof of payment of the court fee
Court fee on divorce proceedings shall be paid to the bank account of the court seised lawsuit. The courts have a number of different bank accounts, so care should be taken to pay the fee into a budget income account. If you pay by bank transfer, enclose a printout of the fee payment receipt with the statement of claim. You may also pay the court fee in cash at the court's cash desk or by postal order. Always remember to enclose the proof of payment with the statement of claim to avoid being summoned by the court. At the time of writing this post, the court fee is PLN 600.
4. the evidence referred to in the statement of claim
If the statement of claim alleges circumstances that are relevant to the outcome of the case, it is also necessary to provide the relevant evidence, which will confirm these circumstances. The catalogue of evidence will vary depending on the complexity of the case. Below, I indicate the documents that are most often attached to the petition for divorce. If, in addition to divorce, the petition seeks an order for the alimony for minor children, it is necessary to document their living expenses - receipts for nursery or kindergarten, proof of payment for additional lessons, etc. can be used as evidence. It is not necessary to present receipts for the purchase of food for the child (unless it is specialised food), as the court is familiar with these matters and can estimate these costs. In addition, we should show the amount of our earnings and those of our spouse - for this purpose we can use proof of earnings. By requesting the determination of fault of the other spouse relevant evidence must also be provided. This can be photos, screencaps, copies of text messages, transfer confirmations, etc. If you have entered into an agreement with your spouse marriage contracts, a copy of these should also be attached to the claim.
5. a copy of the statement of claim and its annexes
Having already prepared petition for divorce with all the annexes, remember to make an exact copy, which the court will then send to your spouse. While originals (or certified copies) of documents should be attached to the statement of claim, the copy of the lawsuit and annexes may be photocopied. It is also a good idea to prepare one copy of the statement of claim and annexes for yourself so that you can go back to it at any time and check its contents and the contents of the annexes. Awaiting dissertation even a few months we may not remember all the details.
Once you have collected all the documents and prepared the claim, along with a copy, there is nothing left to do but send the divorce papers to the court or take it directly to the court registry.
I hope you find this simple list useful. For more information on divorce papers contact me!