How long does divorce take in Poland?

Introduction

How long a divorce takes in Poland depends on several factors: the type of proceedings (with or without fault), whether there are disputes over children or property, and the court's workload. This article explains how long divorce usually takes and what you can do to avoid unnecessary delay.

Legal basis: Polish Family and Guardianship Code (KRO) and Code of Civil Procedure (KPC). The court grants divorce by judgment after hearing the case; there is no statutory time limit for finishing the proceedings.

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Divorce without fault — usually the shorter route

In a divorce without fault the court does not decide who was at fault. It is enough that the breakdown of the marriage has lasted at least 6 months and that one or both parties apply for divorce (joint application). In practice:

• A joint application by both parties and no dispute over children or property often allow the case to end in a few months (e.g. 3–6 from the first hearing).
• The court still has to gather evidence (testimony, possibly documents), set hearings and issue a judgment. Availability of dates in the court division affects the pace.

Important: Even with full agreement, divorce is not concluded overnight. The first hearing may be set 1–3 months after the petition; further hearings — a few weeks apart. Only after closing the proceedings does the court issue the judgment.

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Divorce with fault — usually longer

If one party seeks a finding of fault (e.g. adultery, abuse), the proceedings become more complex. The court must decide whether one spouse's fault in the breakdown has been proved. That means:

• more evidence (witness testimony, documents, expert opinions),
• possible procedural disputes,
• often several to over a dozen hearings and a time frame of months or years.

That is why many law firms advise that — unless there is a strong reason (e.g. maintenance, property) — not to seek a finding of fault, but to aim for divorce without fault. That shortens time and reduces costs.

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What lengthens divorce proceedings?

Divorce takes longer when:

1. Dispute over children — custody, contact, maintenance. The court must obtain reports from family support or experts, hear the child (if of suitable age). That can add many months.
2. Dispute over property — division of joint property, dispute over real estate or other assets. Often requires valuation, evidence, sometimes separate proceedings.
3. Non-attendance — when the defendant does not attend, the court may give judgment in default or set new dates. That delays the case.
4. Change of representative or new applications — e.g. for interim relief, for an expert. Each such step can mean extra hearings.

Practical tip: If you want to finish sooner, try to agree with your spouse on children (maintenance, contact, custody) and possibly property before filing. A settlement before the court speeds things up considerably.

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Can divorce be speeded up?

Yes, by:

• Filing a joint application for divorce without fault — both parties state that they want a divorce and do not seek a finding of fault.
• Settlement on children (maintenance, contact, custody) and, if relevant, property. The court can approve it and base the judgment on it.
• Attending on time and avoiding unnecessary applications (e.g. adjournments without good reason).
• Choosing the right court — e.g. by place of residence — to avoid long travel and possible delays from transfer.

There is no way to get a divorce in a week. The court must conduct the proceedings, gather evidence and issue a written judgment.

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How long does divorce take when there are children?

Having children does not automatically lengthen the divorce. What matters is whether the parents agree on:

• how parental responsibility is exercised (e.g. jointly, with one parent),
• the other parent's contact with the child,
• maintenance.

If these are agreed (e.g. in a settlement), the court can approve them and grant divorce in a similar time as in a case without children. Disputes over children — e.g. where the child should live or how maintenance is set — lengthen proceedings because the court must obtain reports, hear the child, etc.

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Summary

• Divorce without fault, with both parties in agreement and no complex disputes, often ends in 3–6 months (sometimes less or more depending on the court).
• Divorce with fault or with disputes over children/property can take many months or years.
• Settlement on children and property and a joint application for divorce without fault usually shorten proceedings.
• There is no statutory deadline for the case — timing depends on the court and circumstances.

For your own situation it is worth consulting a legal adviser or lawyer, who can estimate how long your case may take and help prepare a settlement or petition.