How do you divorce without knowing your spouse's address?

You want to get divorced, but you do not know where your husband or your wife lives? Your spouse has not lived with you for some time and you have no contact with him or her, but you want to put your life in order and end a marriage that exists only on paper? If so, I invite you to read today's post.

In every lawsuit, including those for divorce indicate the defendant's home address. If you do not know this address and are unable to establish it with the help of friends and family, you can request details from the PESEL database. A request for access to a third party's data can be made in writing and electronically. Choosing the first option, the request should be sent to Centre for Personalisation of Documents of the Ministry of Interior and Administration. In the grounds for your application, you should indicate that you want to file for divorce and that you do not know your spouse's current place of residence and are unable to establish this yourself. After some time, we will receive a reply with the requested information. If our husband or wife may have committed a crime, it is advisable to request a certificate from the National Criminal Register, may be in&nbspprison.

However, what if the address cannot be determined in this way? Fortunately, there is a way to do this. In such a situation, according to the Code of Civil Procedure, the court may appoint a guardian of a person whose whereabouts are unknown.

Article 144 § 1 The President shall appoint a curator,if the applicant provides prima facie evidence that the whereabouts of a party are unknown. In maintenance cases, as well as in cases of child custody and related claims, the presiding officer shall, before appointing a guardian, make appropriate enquiries to establish the defendant's residence or whereabouts.

How do I make it plausible that my spouse's whereabouts are unknown? A mere declaration that the address is unknown is not sufficient. Specific actions should be indicated, that have been taken to establish your address. Information from the PESEL register, address offices may be useful, and it is also possible to call witnesses to this effect.

If the court appoints a curator for a person unknown for his/her whereabouts, further proceedings will take place with his/her participation. Is it possible in this case divorce without the adjudication of guilt? Unfortunately, the guardian does not have the ability to consent to a divorce without an adjudication of guilt. In such a case, the court will always have to conduct proceedings to determine which party is at fault for the breakdown of the marriage.

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