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Attorney Milena Nowicka
With the decision to divorce, a certain stage ends for you. You are probably accompanied by strong emotions. Remember, however, that they are not the best advisor. Especially since in the divorce judgment the court decides not only the dissolution of the marriage. It also resolves many other issues that will affect all your future life. So you need to analyze the whole situation and properly prepare for the hearing so as to best secure your future.
The Family and Guardianship Code precisely indicates when the court will pronounce a divorce. Dissolution of marriage is possible if there has been a breakdown of marital relations that is:
If, on the other hand, you still see a chance to salvage the marriage, it is likely that you can speak of a complete, but no longer permanent, decay of marriage. In such a situation, instead of immediately deciding to divorce, you can consider separation.
It is difficult to answer precisely how much time will elapse between the filing of a petition and the dissolution of your marriage. It could be a few months, but also as long as a few years. Certainly, however, the more issues you and your spouse manage to resolve amicably, the faster the entire proceedings will also end. The length of the proceedings will also be influenced by such factors as:
After the filing of the petition and the drafting of any response to the petition, the court will set a date for the first hearing. Initially, it will review your and your spouse's position based on which it will try to determine what possibilities there are for a quick resolution of the dispute. It will also inquire about issues concerning the minor children - where they live, what kind of contact you have with them and what your financial situation is. An important part of the hearings will also be the taking of evidence - in particular, the questioning of witnesses or the taking of expert evidence.
Using an attorney is not necessary. However, there is a reason why so many people choose to do so. Family matters and civil proceedings and the laws pertaining to them are complicated, yet it is knowledge of them that will allow you to maximize your interests.
A divorce attorney will take care of more than just formal issues. He will also present you with the available solutions, help you choose the best of them, and determine what arguments and evidence to prepare to increase your chances of obtaining a favorable settlement.
Also, don't forget that a divorce case is accompanied by really strong emotions. The hearings can be difficult and stressful for you. However, if you have a lawyer on your side who watches over their course, speaks on your behalf and, above all, supports you with his knowledge and experience, you will feel much more confident.
In a divorce decree, the court can either declare fault or refrain from doing so. It is up to you and your spouse to decide in this regard. Each of the two solutions has its advantages and disadvantages. If you care about time or don't want to add stress, it's better if you waive the adjudication of guilt. On the other hand, if there is a good chance that the court will place sole blame on the other party, the alimony you are entitled to may be worth the extra stress and longer wait for the divorce decree.
When you decide to adjudicate fault, the court will make one of 3 possible decisions. It will determine whether and on what terms you will receive alimony.
In the event that:
If you choose a divorce without an adjudication of fault (by mutual agreement), the court will not inquire at all which of you is responsible for the breakdown of the marriage. This will certainly save you a lot of time and nerves. However, this does not mean that you will thereby lose your right to alimony. Your situation will be the same as if the court found that each of you is responsible for the breakup of the relationship. Thus, you will receive alimony only if you fall into want and only for a maximum of 5 years after the judgment becomes final.
The divorce judgment settles many more issues than just the dissolution of the existing marriage. On its own motion, the court decides such issues as:
Only at the unanimous request of you and the other spouse will the judgment not rule on guilt and child contact. You can also request that the judgment settle additional issues, such as eviction of your spouse, division of property and alimony to which you are entitled.
After the divorce judgment becomes final, you still need to sort out a few more issues related to the ended marriage. An attorney specializing in family matters will help you complete all the formalities.
According to Article 59 of the KRO, from the time the divorce judgment becomes final, you have 3 months to return to the name you wore before the marriage. You can do this by making a declaration before the head of the USC or the consul.
Another issue is possible alimony from your former spouse. The court may settle this issue as part of the divorce judgment itself, but you have the right to request alimony in separate proceedings as well. This is especially true when you have only fallen into want after some time.
In many cases, it will not be possible to carry out the division of property within the divorce hearing itself. Then you will be left with no choice but to settle the issue later, in separate proceedings. When dividing property, you and your ex-spouse can not only determine which items will become whose property, but also settle any outlays.
Not every person realizes that divorce alone does not invalidate a previously made will. This means that your former spouse will still be able to inherit under your last will. That's why you should remember to change your will or revoke it after divorce.
The Law Office of Attorney Milena Nowicka handles divorce and inheritance cases in cities such as: Elblag, Gdansk, Gdynia, Malbork, Braniewo.
Divorce is never a pleasant experience. However, by preparing for it properly, you can save a lot of nerves and, above all, gain confidence that you will properly secure your future. Remember also that you don't have to face it all by yourself either. You can enlist the help of an experienced attorney, who will support you with his knowledge, experience and take care of all the formalities.
