Divorce in Poland is granted exclusively by a regional court (sąd okręgowy), on a petition from one of the spouses, when the breakdown of the spouses' life together is complete and permanent. The court fee for the petition is PLN 600, and half is refunded if the court — on a joint request of the parties — does not rule on fault. Below we describe the successive stages of the case, the situation of marriages involving foreigners and the effects of the judgment on property, surname and taxes.
When the court may grant a divorce
The Family and Guardianship Code sets one positive condition: the breakdown of life together must be complete (emotional, physical and economic ties have ceased) and permanent (nothing suggests a return to joint life). Even then the court will refuse divorce if:
- the welfare of the spouses' common minor children would suffer as a result,
- the judgment would, for other reasons, be contrary to the principles of social coexistence,
- it is sought by the spouse solely at fault for the breakdown, and the other does not consent — unless the refusal of consent is, in the circumstances, contrary to the principles of social coexistence.
If the breakdown is complete but its permanence is uncertain, the alternative is separation. On a joint request of spouses without common minor children, the court declares it in non-contentious proceedings, and the fee for the motion is PLN 100.
Can the case be heard in Poland — mixed-nationality marriages
The Code of Civil Procedure provides jurisdiction of Polish courts in matrimonial cases, among others, when:
- both spouses had their last place of residence or habitual residence in Poland and at least one of them still lives or stays here,
- the claimant has lived or had habitual residence in Poland for at least one year before filing the petition,
- the claimant is a Polish citizen and has lived in Poland for at least six months,
- both spouses are Polish citizens.
In addition, the court takes into account EU rules and international treaties, which in cases involving citizens of other states may take precedence. In practice, spouses from Ukraine, Belarus or India who have lived in Poland for a longer time most often may divorce before a Polish court. A separate issue is recognition of the Polish judgment in the country of origin — this is worth checking before filing the petition.
Which court and how much it costs
Divorce cases are heard by regional courts. The petition is filed with the court in whose district the spouses had their last common place of residence, if at least one of them still lives or stays there. Otherwise, the court of the respondent's place of residence has jurisdiction, and only in its absence — the court of the claimant's place of residence.
| Item | Amount or rule |
|---|---|
| Fee for a divorce petition | PLN 600 |
| Refund for divorce without a ruling on fault on joint request | half of the fee, after the judgment becomes final |
| Withdrawal of the petition due to reconciliation in the first instance | refund of the whole fee |
| Awarding spousal maintenance or property division in the judgment | proportional fee on the awarded maintenance (from the obligor); for property division — fee as for a motion for division |
| Guardian's environmental interview, court-ordered mediation | expenses settled in the case costs |
Course of the case step by step
- Petition. It contains the request for divorce, position on fault, proposals regarding children (parental authority, contact, maintenance) and, where applicable, the shared flat. A short-form marriage certificate and the children's birth certificates are enclosed; foreign documents require a sworn translation.
- Respondent's answer. The respondent may consent to the divorce, oppose it, or themselves seek divorce or separation in the same proceedings. A separate counter-petition is not allowed.
- Mediation or stay. If there is a prospect of saving the marriage, the court may refer the parties to mediation or — only once during the case — stay the proceedings.
- Evidence taking. The court establishes above all the circumstances of the breakdown and the children's situation; it may order an environmental interview. In a case without a ruling on fault and without disputes over the children, examination of the parties is usually sufficient.
- Judgment. The court dissolves the marriage and mandatorily decides on parental authority, contact with the child and the cost of their maintenance. The parents' written agreement is taken into account if it is consistent with the child's welfare.
- Finality. After the deadline for appeal, the judgment becomes final; only from that moment does the marriage cease to exist, and the court sends information to the civil registry office.
With or without a ruling on fault
As a rule, the court establishes whether and which spouse bears the fault for the breakdown. On the joint request of both it refrains, and the effects are the same as if no one were at fault. The choice has practical consequences:
- time and costs — a case without a ruling on fault can be concluded at a single hearing, a dispute about fault means witnesses and further sittings,
- maintenance between former spouses — a spouse not at fault or not solely at fault may seek maintenance if in need; against a spouse solely at fault, the other may seek it even without being in need, when the divorce has significantly worsened their situation,
- refund of half the fee — only on a joint request to refrain from ruling on fault.
What the final judgment changes
- Property — the matrimonial community of property ends. The court may divide the property in the divorce judgment at a spouse's request, if this does not unduly delay the case; usually it is done later, by agreement or in separate proceedings.
- Surname — under a change in force from 8 October 2025, a spouse who changed their surname upon marriage has one year from the judgment becoming final to return to their previous surname through a declaration before the head of a civil registry office or a consul.
- Taxes — joint PIT filing requires being married and in the community of property for the entire tax year. In the year the judgment became final, the former spouses already file separately.
- Business and documents — an entrepreneur should update data in CEIDG after a surname change, and a foreigner with a karta pobytu issued in connection with the marriage — check whether their basis of residence is still current.
How Good Balance can help
As part of a legal consultation we help assess whether the case can be heard in Poland, prepare the petition and documents and plan property matters. We draft parenting agreements and property division agreements as part of contract drafting, and for foreigners whose residence was linked to the marriage, we advise on further residence legalisation.