Divorce without an adjudication of guilt - what does it look like and when is it worth going for it?

Divorce without an adjudication of guilt - what does it involve?

What it looks like divorce proceedings not subject to an adjudication of guilt? It is a type of divorce in which the spouses agree not to let the court decide who is to blame for the breakdown of the marriage. Sometimes you may come across the term „divorce by mutual consent”. Although the spouses agree to divorce, the they cannot file a joint action, as Polish law does not provide for such an option. In practice, the lawsuit is filed by one of the spouses and the other spouse indicates in his or her answer that he or she agrees that there should be no adjudication of guilt.

In Krakow, where I handle most divorce cases, a consensual position significantly speeds up proceedings. Such a divorce can even end at the first hearing if the court is satisfied that all the conditions are met.

How do I get a divorce without an adjudication of guilt?

In order to obtain a divorce in this form, it is necessary to fulfil the so-called positive grounds for divorce, i.e. permanent and utter dissolution of marriage. At the same time, there must be no negative grounds for divorce, such as conflict with the best interests of the children or with the principles of social cohesion.

The agreement of the parties is crucial - without it, it is difficult to talk about a speedy dissolution of marriage. In practice, both in Krakow and in other cities, this means that the spouses jointly accept the dissolution of marriage and do not insist on a determination of guilt.

Non-judgmental divorce case - what does it look like?

A divorce case without an adjudication of guilt proceeds much more smoothly than litigation. What happens at the first hearing? The court focuses primarily on determining whether the marriage has broken down and whether the welfare of the children is at risk. It listens to the parties, analyses the family situation and examines the arrangements for the parties' children. If everything is compatible, the divorce may already be pronounced during this first visit to court.

Krakow courts, like other district courts in Poland, pay particular attention to the situation of minor children and verify in detail the upbringing plan proposed by the parents. For this purpose, they commission community interview in the children's place of residence, or a witness who is well acquainted with the care and educational situation of the minors is interviewed.

How to write a divorce petition?

How to write a petition for divorce without adjudication of guilt, in order to increase the chances of the case ending at the first hearing? Your divorce petition should make it clear that you are applying for dissolution of marriage without adjudication of fault, and that this position has been agreed in advance with the other spouse. The petition for divorce should also include arrangements for the parties' children - parental authority after the divorce, child support for minor children and residence. It is best to include a parental agreement previously prepared and signed by the spouses. A well-prepared petition increases the chances of a quick divorce and reduces the risk of postponement of the hearing.

It is worth ensuring that the position of both parties is consistent before filing. I am a divorce solicitor based in Krakow and have been assisting clients in no fault divorce cases for many years.

If you want to find out how to write divorce petition step by step, I encourage you to take a look at this entry.

What documents should be attached to a petition for divorce without adjudication of guilt?

Before filing a claim, it is necessary to prepare documents proving your marital status and family situation. The most important are a copy of your marriage certificate, copies of your children's birth certificates and, if applicable, a parental agreement. Remember also that the statement of claim must be paid before it is filed. Complete documentation directly influences the smooth progress of the divorce proceedings and reduces the risk of having to fill in gaps.

Minor children and divorce without declaring fault

If the parties have joint minor children, the court will carefully consider their situation, as the welfare of the children is paramount in these proceedings. The statement of claim should set out what parental authority and contact with the children will look like. Parental responsibility after divorce can remain joint if the parents are able to cooperate. The court will also decide the question of alimony for the minor children. If the spouses have agreed on the amount of alimony jointly, there is no need to attach extensive documentation on the maintenance costs of the minors. Otherwise, the court will itself determine the amount of adequate alimony based on the evidence presented.

Can assets be divided on divorce?

Division of property upon divorce is possible, but only if carrying out this division will not cause an undue delay in the proceedings. This will most often be possible if the spouses agree on how to divide the joint property. Joint assets can also be divided even before the divorce hearing. In order to do so, you need to make an appointment with a notary, first sign a separation of matrimonial property agreement (the so-called prenup) and then sign a joint property division agreement. Division of property at the notary's office often proves to be a more favourable solution, as it does not complicate the main proceedings and allows the spouses to start living on their own before the divorce judgment becomes final.

How long does a divorce without a decree take?

In my experience, no-fault divorce cases are resolved much more quickly than those in which the court has to determine who is to blame for the breakdown of the marriage. How long do you have to wait for a divorce hearing? If the parties are in agreement and the documentation is complete, a case in Krakow can be completed within a few months. In many cases, a quickie divorce ends already at the first hearing, which lasts approx. 30-40 minutes. However, the length of the proceedings is affected by the occupancy of the court, the completeness of the lawsuit and possible litigation issues concerning the parties' children.

Advantages of divorce without the adjudication of guilt

What are the benefits of choosing this form of divorce? The biggest advantage is the reduction of conflict - the breakdown of the marriage is not analysed in terms of fault, which reduces tensions between the parties. Another advantage is the shorter duration of the divorce case, lower divorce costs and less emotional strain on the whole family. A quick end to the marriage allows both parties to put their lives back together more quickly.

Disadvantages of divorce without decree

Although this type of divorce has many advantages, it is not without disadvantages. The absence of a finding of fault may be relevant to potential claims such as spousal maintenance. Some people also feel a lack of emotional „settlement” of the relationship, which can sometimes be psychologically difficult to accept.

How do I prepare for a divorce without an adjudication of guilt?

Pre-divorce mediation is a solution that helps to reach an agreement between the parties even before the petition is filed. Mediation makes divorce cases go faster and makes the whole process less conflictual. The parties can also agree on positions using divorce lawyer, who will advise on issues such as parental authority, contact or maintenance. If you feel you need the help of a family lawyer from Krakow, contact contact me, I will be happy to help.

First hearing - what to expect?

What happens at the first hearing in a non-adjudicated divorce case? It is usually less stressful than in contested proceedings. The court will ask questions about decay of marriage, but without going into sensitive details, and the situation of the children of the parties. If the parties maintain the agreement, it is possible for the judgment to be issued on the same day. The spouses become officially divorced when the divorce judgment becomes final, which is usually after 7 days if neither party has requested a statement of reasons for the judgment.

Divorce solicitor in Krakow

Although a non-adjudicated divorce seems simpler than contentious proceedings, the help of an experienced solicitor can prove invaluable. I am divorce lawyer in Krakow and I offer support at every stage of the proceedings - from the preparation of the divorce petition, through representation at the hearing, to advice on the division of property. By using my support, you transfer the burden of the formalities to me, so that you do not have to worry about possible formal errors that could delay the proceedings.

Divorce without the adjudication of guilt - summary

Divorce without the adjudication of guilt is a solution that allows the spouses to end their marriage peacefully with a minimum of conflict. The parties' agreement and the proper preparation of documents are crucial. Every divorce case is different, but this type of divorce offers a real chance of a quick divorce decree, reduced costs and a smooth end to the marriage.
If you are considering filing a claim or need support at an earlier stage, contact with Barrister Barbara Witecka - I have specialised in family law for years and will help you get through the process as stress-free as possible.