The Law Office of
Advocate Joanna Jakubowska – Zawady in the field of family law specializes in
divorce proceedings, providing legal assistance in this area to persons from
Rzeszów and the surrounding area. Our team offers support covering the entire
divorce process, which includes both legal advice before and after the
commencement of legal proceedings and support in the course of proceedings
conducted by the competent court. The team of attorney Joanna Jakubowska –
Zawady, based on her experience in conducting cases within the indicated scope,
provides a professional
and individual approach to each presented legal problem. The law firm of Joanna Jakubowska – Zawady also guarantees anonymity and discretion.
A petition for divorce can be drawn up by either spouse and filed in court. When preparing to bring an action in this area, it is important to bear in mind the need to meet the conditions that will allow the case to proceed.
One of them is
the need to prove that there has been a complete and permanent breakdown of
marital life. Married life concerns a spiritual, physical and economic
community. It should be borne in mind, however, that not every cessation of
physical or economic activity will
determine the distribution of life of the spouses, especially if the factual situation is due to their consent or to circumstances beyond their control. On the other hand, the absence of a spiritual community will always be considered a premise for the decay of life, while the lack of a spiritual community will not always be evidenced by the spouses’ unfavorable attitude towards each other, since the spouses very often maintain proper relationships because of their common minor children. The permanence of the decay of marital life means that the decay was irreversible, which makes it impossible to rebuild the bond between the spouses.
Before you decide to initiate a divorce proceeding before a court, it is worth using the assistance of a professional attorney, who will not only inform you how the divorce proceedings will proceed, but also advise you on how to prepare for them. If a party decides to file an absolute petition for divorce, remember to prepare the documents necessary to initiate the proceedings to which they belong:
- divorce petition prepared by a party to the proceedings or a professional attorney;
- an abbreviated copy of the marriage certificate;
- abbreviated copy of the birth certificate of minor children of the parties;
- information on income in the form of a certificate from the employer or PIT for the previous year;
- other documents that will confirm the permanent and complete decomposition of the spouses’ lives;
- documents certifying the level of maintenance costs, including the maintenance of minor children.
In addition, you should also pay the entry from the statement of claim, which in the case of a petition for divorce is the amount of 600.00 zł. When deciding to use the services of a professional proxy and file a suit on behalf of the Law Firm, one should also bear in mind the need to grant a power of attorney and to make a stamp duty on the power of attorney in the amount of PLN 17.00.
In the course of divorce proceedings, the court also
draws attention to other evidence which may prove the likelihood of the
parties’ marriage being broken down. These include in
particular: bills and bank statements confirming maintenance costs, statements of witnesses (family / friends), medical examinations, police reports, photographs, call logs, text messages and instant messenger call print-outs.
Guilt in the decomposition of life
One of the key issues taken into account when creating a divorce petition is the desire to obtain a divorce with or without a guilty verdict. It should be noted that in the case of a divorce without a guilty verdict, the court in the final decision will not indicate which spouse is exclusively guilty of the breakdown of marital life. It is also the quickest way to obtain a divorce judgment, but in order to dissolve a marriage without a guilty verdict, consent must be given by both parties to the proceedings. The absence of a guilty verdict also has subsequent legal consequences, as it affects the determination of maintenance obligations, the allocation of costs of proceedings and the granting of parental responsibility to the parties.
If the spouse is found guilty during the trial, it will have to be proven that it was the spouse who was responsible for the breakdown of the marriage. There is also a situation where both the husband and the wife are found guilty of decay. This may be the case if the spouses blame each other for the breakdown of their marital life and the allegations are confirmed by evidence produced in the course of the divorce proceedings.
It should also be noted that in a divorce judgment, the court also decides about:
- parental authority over the joint minors’ children of the parties, in particular, a court may entrust the exercise of parental authority to one parent by limiting the authority of the other parent, or both parents may be granted parental authority;
- parent-child contact;
- the amount of the costs of maintaining and bringing up the child incurred by each spouse;
Our Law Office offers assistance in the preparation of the following documents related to the conduct of proceedings in divorce cases:
- divorce lawsuit;
- separation lawsuit;
- alimony lawsuit;
- alimony lawsuit / revocation of alimony;
- a motion for the division of property;
- a motion to abolish the separation;
- a proposal to regulate childcare.