How to file for divorce in 2026? A step-by-step guide

Filing for divorce is a process that requires proper preparation - both emotionally and formally. In this guide, I explain step-by-step how to write a petition for divorce, what documents to prepare, how much a divorce costs and what to expect in the courtroom.

Preparing for divorce - where to start?

Before you decide to file for divorce, it is worth analysing your situation carefully. A basic prerequisite for the court to grant a divorce is permanent and utter dissolution of marriage - This means that emotional, physical and economic ties between the spouses have ceased.

There are some key points to think about during the preparation stage:

• Is divorce by mutual consent possible? If both spouses agree to a divorce without an adjudication of fault, the proceedings are quicker and cheaper.
• What will child custody look like after divorce? Whether the issue of parental authority, the children's place of residence and contact with the other parent will be disputed or whether an agreement is possible.
• What child support will be appropriate? Reliably calculating the cost of living for children often causes problems. If you don't know how to do this, you can use my calculator.

Mediation is also worth considering. It avoids lengthy litigation and often speeds up the whole process considerably.

Grounds for divorce - when does the court grant a divorce?

The court may pronounce a divorce only if it is proven permanent and utter dissolution of marriage. Therefore, the court at the hearing will ask whether you still have any affection, physical or economic ties.

In some cases, even though permanent and utter dissolution of marriage The court may dismiss the petition for divorce.

The court will refuse to grant a divorce if:

• divorce would prejudice the welfare of the joint minor children,
• would be contrary to the principles of social co-existence,
• it is requested by the spouse who is solely responsible for the breakdown of the marriage and the other spouse opposes it.

How to write a petition for divorce?

A petition for divorce must meet certain formal requirements. First of all, you must state:

• designation of the court, to whom it is addressed,
• personal data of both spouses (names, addresses, PESEL numbers),
• request - e.g. a decree of divorce without the adjudication of guilt, the determination of child custody, an order for alimony, the granting of security for the duration of the proceedings,
• evidence - indicating the particulars of witnesses, listing documents and stating what is to be proved (theses of evidence),
• justification - description of the marital breakdown, description of the situation of the minor children, justification of the amount of maintenance claimed,
• list of annexes,
• handwritten Claimant's signature - the signature cannot be printed.

If you don't feel confident and don't know how to prepare a petition for divorce, it's worth getting help from a solicitor, especially if the case is complicated

How to justify an application for divorce?

The statement of reasons is the most important part of the statement of claim. This is where you convince the court that the breakdown of the marriage is permanent and complete. It should describe:

• the circumstances and reasons for the break-up of the relationship - when decomposition occurred, what caused it,
• cessation of ties - emotional, physical and economic (e.g. separate finances, moving out of the flat, new relationship),
• the situation of children - with whom they live, what the de facto custody is like, whether the other parent contributes to their upkeep, how much it costs to support the children and what financial capacity each parent has,

A well-written justification increases your chances of winning.

What documents should be attached to a divorce petition?

Before you file a claim in court, check that you are sure you have all the necessary documents.

Usually, the petition for divorce is accompanied by:

• marriage certificate, which you can download from any registry office in Poland
• act of birth of children,
• proof of children's living expenses - e.g. invoices, bills, contracts, certificates.

Of course, depending on your situation, there may be more of these documents.

Remember that you submit to the court the original statement of claim + a copy for the respondent spouse (can be a simple photocopy). You also submit all attachments in duplicate.

Where and how to file for divorce?

The petition for divorce shall be filed in the District Court of the sp sp spouses' last common residence. If neither of them resides there anymore - the court of the defendant's domicile or, as a last resort, the plaintiff's domicile shall have jurisdiction.

How to file a claim:

1. Print out the claim and all attachments in duplicate. Do not forget to sign the claim.
2. Attach proof of payment of the court fee. You can pay the fee by bank transfer or at the court cash desk.
3. Submit in person at the court's registry office or send by registered mail.
4. Retain confirmation of submission or postage.

As you can see, simply filing a claim is not difficult.

How much does a divorce cost?

The total cost of a divorce can vary depending on the particular case. The most important cost to be paid at the beginning is the court fee for the petition, which is PLN 600. If an attorney is involved in the case, his or her fee is determined on an individual basis, depending on the complexity of the case. Usually, the remuneration of a divorce lawyer ranges from several to several thousand zlotys. When filing a power of attorney with the court, one must additionally pay a stamp duty (payable to the account of the city council), which amounts to PLN 17.

There may be other fees involved in the case, such as the probation officer's fee for conducting the community interview, mediation costs, the fee for the opinion of the Judicial Expert Panel and the costs of the opinions of other experts.

How do divorce proceedings proceed?

Once the petition for divorce is filed, a panel of judges is drawn. The documents then go to the desk of the judge, who checks everything for formalities. If something is missing, you will be asked to complete the formal deficiencies and, if the petition is complete, the judge will order it to be served on the opposing party.

Once the divorce documents are received, the respondent has time to file his/her response (usually 14 days).

When the court has the positions of both parties, it will set a hearing. The course of the hearing will depend on whether it is a divorce with or without an adjudication of fault. In divorce cases without an adjudication of fault, the court will hear the spouses and possibly witnesses, and then issue a judgment. Most often already on the same day. In more complicated cases, the court starts by hearing witnesses, orders other actions (e.g. an examination by the CPSC) and at the very end examines the spouses. Cases of divorce with an adjudication of fault often last for months or even years.

After all proceedings have been conducted, the court issues a judgment, which is subject to appeal.

Summary - How to file for divorce step by step

1. Assess your situation - ascertain that there has been a permanent breakdown of marital relations and that there is no longer any chance of your relationship being saved. Determine whether a divorce without an adjudication of fault will be possible.
2. Prepare documents - marriage certificate, birth certificates of children, other documents.
3. Write a claim - describe exactly what you are asking for and prepare a solid ground for your divorce application.
4. File a claim with the competent district court - at the register office or by post, remember the court fee for a divorce petition.
5. Come to the hearing - Write down the date of the hearing in your calendar so that it does not escape you.

Please note that this article does not constitute legal advice. If you are considering filing for divorce, it is always advisable to consult a family law solicitor. Contact me, If you are considering divorce. Together, we will review your case and choose the right divorce strategy.