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Divorce case in Polish court


local_fela 17 | 172
17 Jul 2013  #1
My ex and I are separated since a year. She filed a divorce case and I received only one letter from the court saying that she filed a divorce case and that see does not have enough money to pay for the divorce expenses but the government will be supporting her in this case.

The letter i receive was in February 2013.

Now, we are in July, and I still did not receive anything from the court. She said that the court sent me two letters but to be honest I didn't get anything, I told her that I will go to court and ask them, she then told me that don't go now because someone told her if I don't present myself to the court or contact the court regarding this issue, we will automatically get divorce.

Is that true? I am a foreigner and all I want right now is to clear my name with her and go my own way. We are not living together neither sharing sms or sympathy or any kind of affection.

Will I be separated if I don't go to the court and the court will automatically break off this thing?

Thanks for your kind response.
Lenka 2 | 1,284
17 Jul 2013  #2
Well, depends on the case. You don't know for sure what she stated? Or are you sure she didn't try to push something against you? it all depends how much you trust her. I would contact the court if I were you.
Wroclaw 44 | 5,389
17 Jul 2013  #3
I agree with Lenka.

you don't want to find yourself with costs, which might have been avoided.

her lawyer, [she must have one] is working for her .... not you.
Harry
17 Jul 2013  #4
I told her that I will go to court and ask them, she then told me that don't go now because someone told her if I don't present myself to the court or contact the court regarding this issue, we will automatically get divorce.

The court will eventually grant a divorce if one party cannot be contacted or refuses to take part in the case. However, you need to understand that you run a very high risk of such divorce being given solely due to reasons of your fault. That means that she can claim alimony payments from you at any time for the rest of her life.

Tell her that if she wants a quick divorce, you will only give her one if she agrees that the divorce is solely due to her fault and not at all due to your fault.
OP local_fela 17 | 172
18 Jul 2013  #5
she didn't try to push something against you?

Well, i hope that she acted in good faith. Because she is even not answering my sms anymore. Dont know if she changed her number.

you will only give her one if she agrees that the divorce is solely due to her fault

How can i do that? I mean can I tell her to write a letter to me or an email with signature or something? Will the court accept it? Or there is another specific procedure for that?
Ant63 11 | 403
18 Jul 2013  #6
Will I be separated if I don't go to the court and the court will automatically break off this thing?

You are playing with fire messing around with this. Do it properly. Go see a solicitor. Harry is correct about the alimony. You could be paying until your dying day. A divorce in Poland is now quick and simple as long as nobody wants an "at fault" divorce.
Harry
18 Jul 2013  #7
A divorce in Poland is now quick and simple as long as nobody wants an "at fault" divorce.

Does Poland now have 'no fault' divorces? In the past all divorces used to be either both parties at fault or only one party at fault.
Ant63 11 | 403
18 Jul 2013  #8
My understanding is that now you can do this by mutual agreement. But I guess that could mean you both say we are equally responsible.

A friend of ours completed hers within 2 months with one visit to court. We are still at it 2 years 8 months later. Judgement due next Friday and we expect his appeal by the following Friday. 3 months to get back into court and and a further month for the final decision.

The sooner they change the laws on divorce the better for all concerned. It's a very unpleasant process.


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