In Poland, it is possible to get a divorce even if 1 of the spouses does not agree to it. specified a divorce, commonly called "one-sided divorce", may be ruled by the court, but only under certain conditions. This article explains erstwhile a court may grant a divorce despite the opposition of a spouse and what circumstances may prevent the termination of a marriage.
When is the court ruling a divorce without the consent of a spouse?
According to Article 56(1) of the Code of household and Care, the basic reason for divorce is a complete and lasting distribution of marriage. This means that a court can terminate a matrimony if:
- complete distribution of life – there are no emotional, physical or economical ties between spouses,
- long-term distribution – there is no real chance to return to life together.
In practice, if 1 of the spouses proves that their relation has actually broken up, the court may decide to divorce even if the another organization objects.
What happens erstwhile a spouse opposes?
The opposition of the another organization does not mean that the application is automatically dismissed. But possibly a lot. extend the procedure. A spouse may effort to convince the court that the distribution of life is neither complete nor permanent. However, if evidence (e.g. witness testimony, documents, correspondence) confirms that the matrimony is not actually functioning, the court will most likely regulation divorce.
When can a court refuse to divorce?
Even with a complete and permanent distribution of life, the court may not agree to a divorce in the following situations:Article 56(2) and (3)):
- Welfare of minors – if divorce could adversely affect the psyche or the stableness of children's life, the court may dismiss the application.
- Moral and ethical considerations – for example, erstwhile 1 of the spouses is seriously sick and requires the care of the another side.
- Guilt of 1 of the spouses – if the individual seeking a divorce is solely guilty of the dissolution of the matrimony and the another organization opposes, the court may find that the decision of divorce would be unfair. In practice, however, the courts are little and little likely to apply this premise, especially erstwhile there is no chance of reconciliation.
Summary
Getting a divorce without your spouse's approval is possible, but requires proof complete and lasting distribution of life. Opposition by the another organization may complicate the matter, but it does not prevent the termination of the marriage. Key importance Children’s welfare and ethical issues, therefore, each case of the court is considered individually. In case of doubt, usage the aid of an experienced lawyer.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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Divorce without your spouse's consent – is that possible? Key conditions and exceptions
