Judge refuses divorce in Poland – locked into marriage for ever?

Judge refuses divorce in Poland. It may happen even if your marriage is broken and  exists only on paper and you and your spouse already started your new life period with a new partners.

In Poland, the judge will not only have to decide whether the marriage is really broken. The judge will also indicate culpability of one or both of the spouses for the breakown of marriage.

Following siluations may result in refusal of divorce by judge:

  • Well-being of minor children
  • Rules of social coexistence and social order
  • The claim for divorce has been filed by the person who has the sole culpability for the breakdown of marriage.

The couples are often unaware of such situation. It may happen that judge refuses divorce in Poland, even though the marriage is broken. The main reason for such  decision of the court is usually the well-being of minor children, who would suffer from the divorce of their parents.

Judge refuses divorce in Poland because of minor children.

The age, emotional maturity of the children and their health condition will have a big impact on the decision of the court. The court may also estimate whether the divorce would not result in weakening of the emotional bond between the children and one the parents, the one who would no longer live together with the children.

The dispute between the spouses concerning the uprising of their children can lead the situation that judge refuses divorce in Poland.

However, the court will not refuse divorce if the children’ livelihood is ensured and visitation right between parents and children will not be denied (judgment of the Supreme Court of 31 December 1951, file C 625/51).

The most common way to determine the situation of the children is inquiry at domicile carried out by the court oficer in charge of the procedure, as well as the expert opinion prepared by the court experts. Both the inquiry and the expert opinion are prepared at the expence of both parties, i.e. both spouses.

Judge refuses divorce in Poland – how to solve the issue of minor children.

One method of solving the issue of minor children is to create a Parenting Agreement and a shared custody.  Parenting Agreements are sometimes referred to as  Parenting Plans.

Judge refuses divorce in Poland as divorce would be concidered to be against rules of social coexistence and social order. Is it a possible scenario? Yes, it is possible. The rules of social coexistence and social order are a really very elastic concept and more of a blanket description. Many situations could be classified as contradictory to the cosial coexistence and social order. There is no clear definitione of these terms. It could be, for example, a serious and/or incurable illness of the defendant spouse.

Culpability for breakdown of marriage.

Judge may refuse divorce in Poland in case the spouse who alone is responsible for the deterioration of the marriage has filed for divorce.

It may happen but the defendant must prove that the plaintiff was alone responsible for the deterioration of the marriage.

Alcoholism,  infidelity, gambling and serious  neglect of family might be classified as the sole responsibility of one of the spouses.

The Polish legal system does know to define the degree of resposibily, as for example 20 / 80%. Practically, it means that judge will not pronounce judgement with sole responsibily of one of the spouses  if the other party has been proved to be responsible even in the smallest way.

If both spouses agreed to get divorced in Poland, they should prepare them selves for the divorce. They should prepare the claim for divorce and answer to the claim for divorce. They should formulate them in a proper manner. Also, they should call  credible witnesses.