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Quick contact with the law firm: 📞 695 560 425 🌐 https://kancelaria-klisz.pl/rozwod-i-... 📩[email protected] More information about divorce and property division - ℹ️ https://rozwod-i-podzial-majatku.pl/ Divorce petition template - https://rozwod-i-podzial-majatku.pl/w... A divorce petition is the foundation of your future. It's a document that sets the strategy for the entire legal case for the coming months, and sometimes years. One mistake made at this stage – such as incorrectly defining the court's jurisdiction, failing to request financial security, or imprecise requests regarding the children – can cost you alimony, restrict parental authority, and weaken your negotiating position. In this video, I detail 11 key areas you need to know before writing the first sentence of your petition. The most common technical mistake, which many people make, is choosing the wrong court. Divorce cases in Poland fall under the exclusive jurisdiction of District Courts, not District Courts. Filing a petition in a court "close to home" (a district court) won't result in the case being dismissed, but it will be transferred to the appropriate court, which will extend the process by 2-4 months due to document flow alone. Remember: the competent court is the one in whose district the spouses last had their joint residence, if at least one of them still resides in that district. Another strategic decision is the choice of divorce form: fault-based or no-fault. You must clearly specify your request in the petition. This choice determines the duration of the process. A no-fault divorce (by mutual consent) is faster and can be concluded in a single hearing, often within 3-6 months. Deciding to argue for the sole fault of your spouse means entering a lengthy evidentiary process, questioning witnesses, and "washing dirty linen." This process takes an average of 2 to 4 years. However, it's important to remember that a fault-based divorce is crucial to the possibility of pursuing spousal support in the future, especially if there's hard evidence of infidelity or violence. The court won't grant a divorce unless it's certain that the well-being of the minor children is protected. The petition must include precise requests regarding three areas: parental authority (should it remain full for both of you, or are you requesting its limitation?), the children's residence (with whom will they be permanently located?), and contact. The most common mistake is to include generalities like "extensive contact." This phrase is unclear to the court. To avoid conflicts, create a specific visitation schedule in the petition, including weekdays, weekends, holidays, and vacations. The issue of child support is pure mathematics, not emotion. The amount entered in the petition must be substantiated by real living costs. The court expects calculations, not just "out of the blue" figures. It's worth preparing a "cost basket"—a detailed breakdown of expenses in Excel (food, medicine, education, clothing, utilities), which will make it harder for the other party to dispute your claims. Don't underestimate the amounts "for peace of mind," but don't overstate them unrealistically either, so as not to lose credibility. An element rarely mentioned in free templates, but which serves as your financial "shield," is a motion for security. It can take six months from filing the petition to the first hearing. How will you live if your husband cuts you off from your account? A motion for security, included in the petition, allows the court to order the payment of funds while the proceedings are ongoing, as a matter of urgency. This is absolutely necessary in cases of income disparity. Every claim in the justification of the petition must be supported by evidence. The court doesn't rely on words. Attach original copies of your civil status records (photocopies are not sufficient!) and proof of income to your lawsuit. If you're arguing guilt, attach selected evidence of infidelity or violence (photos, messages, reports). The court won't read thousands of pages of chaotic text messages – the quality of the evidence is what matters. Don't forget about the formal requirements. The court fee for filing a lawsuit is a fixed PLN 600. The lawsuit must meet the requirements of Article 126 of the Code of Civil Procedure – it must include your PESEL number, the exact residential addresses of both parties, and your signature. Failure to include any of these elements will result in a request to rectify the omissions, and in the event of an error, the lawsuit will be returned. TABLE OF CONTENTS: 00:00 INTRODUCTION 01:21 HOW TO START A DIVORCE APPLICATION 06:13 CHILDREN 08:58 FINANCE 15:51 EVIDENCE 18:36 MANDATORY ELEMENTS OF THE APPLICATION + TEMPLATE Attorney Iwo Klisz and Partners - Law Firm in Wrocław Address: ul. Kazimierza Wielkiego 1, 50-077 Wrocław Phone: +48 71 740 50 00 Firm Branches: POZNAŃ - ul. Dominikańska 7/4 ...