Law /
Can I get a divorce from my drug addicted husband, and are narcotics legal in Poland? [8]
can I get divorced when my husband is drug addict?
I did a small research which shows the following:
According to regulations in Poland, the basic and necessary condition for the admissibility of divorce is a complete and permanent occurrence of breakdown between spouses. If this condition is not fulfilled, the court is not obliged to divorce even if the spouses collectively request so.
Even circumstances such as adultery, alcoholism (or drug addiction) of one of the spouses and a domestic violence cases are not sufficient to divorce. In these situations, the court still has to examine whether in a marriage occurred a permanent and complete disintegration of matrimonial life.
Breakdown of marriage is considered complete when have been broken all ties between spouses: spiritual, physical and economic. The most obvious is when one person for a long time lives with a new partner, with which he/she has shared plans for the future and does not intend to return to his/her spouse.
However, in the case when the spouses still sharing their flat - that is when economic ties were not broken - the court may order the divorce, if are fulfilled the other two conditions for obtaining it, and the live together is merely the result of the economic situation of the spouses (eg. neither of them has any possibility to reside elsewhere).
Whereas in the case of checking the persistence of marriage disintegration, the court assesses if, in accordance with the experience of life, can be reasonably expected that the couple will undertake the common life. As a rule, it is required that the disintegration last from a long time, however there are situations when the disintegration may be considered as permanent, despite the fact that it does not last for long.
But despite a complete and permanent breakdown the court won't grant a divorce if:
- as a result of divorce might suffer the good of the minor children of the spouses, eg. a divorce could prejudice the material conditions in which children are raised, or could cause adverse effects in the psyche of children,
- the divorce is seeking by the only guilty spouse responsible for the marital failure, and the other spouse does not agree to a divorce and his refusal is not contrary to the principles of social coexistence,
- divorce granting would be contrary to the rules of social intercourse, eg. in a situation where one of the spouses is seriously ill and there is no one to look after him.
In your case, if you decide to bring the divorce petition, you must indicate that you want a judgment of guilt of your husband. And the drug addiction of the spouse belongs to one of the clear causes of marital breakdown. You must provide all the available proofs about your husband addiction: any medical reports, police documents, testimony of witnesses - neighbors, co-workers, family, etc. To the proofs belong also emails, text messages, and even Facebook call/chat history. Court accepts any evidences that show plausible grounds of administered version of the story.
