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Divorce Proceedings – How Long Does It Take for the Divorce Petition to Be Served?
Divorce cases are among the most emotionally charged and often take much longer than spouses might anticipate. To initiate the divorce process, a properly drafted application, known as a divorce petition, is required. How should it be written correctly? Why is an infidelity detective often valuable in such cases? And how can the respondent react upon receiving the divorce papers? We address these and other questions related to divorce proceedings in the article below. Be sure to check out our tips!
Table of Contents
How to Properly Write and File a Divorce Petition
At the outset, it’s important to highlight that there is no single answer to the question of how to win a divorce case. A well-prepared divorce petition will certainly facilitate the process, but parties seeking to end their marriage should generally be prepared for a prolonged and often challenging court battle.
In order for proceedings to begin, it is essential to file the appropriate pleading with the court. How should a divorce petition be written?
First and foremost, the document must be complete, containing all the required information. Additionally, if you are seeking to end the marriage on grounds of sole fault by one of the spouses, it is crucial to provide a well-founded justification for this claim. It is essential that the plaintiff’s position is backed by irrefutable evidence. Here, the assistance of a private investigator—whose services include handling divorce cases – can be invaluable.
Which Court Should You File Your Divorce Papers With?
The divorce petition, prepared in duplicate (one copy for the court and one for the defendant), should be filed with the district court that has jurisdiction over the last common place of residence of the spouses, provided that at least one party to the proceedings still resides within this court’s jurisdiction at the time of filing. Otherwise, the petition—along with two abbreviated copies of the marriage certificate, supporting evidence, and, if applicable, abbreviated copies of the birth certificates of any minor children—should be submitted to the court with jurisdiction over the current residence of the respondent. The filing fee is PLN 600. If you are unable to afford this amount, you may apply for partial or full exemption from the fee.
If the application is unsigned, unpaid, contains errors, or lacks required documents, the court will issue a summons for the plaintiff to address these formal deficiencies within 7 days, under penalty of having the petition returned. This deadline is strict—requests for extensions will not be granted, and if the petition is not completed on time, it will be returned to the sender without any legal effect.
When Does the Petition Reach the Respondent, and How Should They Respond to a Divorce Petition?
If the petition filed with the court is correctly drafted and complete, a copy is sent to the respondent, who has two weeks to respond. A spouse receiving divorce papers from the court has the right to respond to the information provided and present their own account of events. They may also present claims, such as:
- requesting a judgment without a fault determination,
- seeking a divorce due to the plaintiff’s fault,
- objecting to the proposed amount of maintenance,
- suggesting their own solution regarding child contact,
- or even refusing to consent to the dissolution of the marriage.
No court fee is required when responding to a divorce petition. As with the divorce application, the response must be submitted in duplicate—one copy for the court and one for the opposing party. Once the response period has passed, the court may set a date for the first hearing.
Evidence in a Divorce Case
If the plaintiff seeks a fault-based divorce, an evidentiary procedure is required. This involves hearing the parties and witnesses and presenting evidence, which may include materials gathered by a private investigator specializing in infidelity cases. The purpose of the evidentiary procedure is to establish the facts and circumstances surrounding the permanent breakdown of the marriage. If the claim is accepted, the court will determine the factors that led to the respondent’s decision. Evidence proving a spouse’s fault may include, in addition to witness testimonies and document analysis:
- photographs and video recordings,
- sketches, phone records, document photocopies,
- audio recordings, SMS messages, emails,
- messaging app conversations,
- social media printouts.
How to Win a Divorce Case – The Important Role of a Private Investigator
It is essential to note that the court will only admit legally obtained evidence. Here, the role of a private divorce investigator becomes invaluable; as a professional, they know the permissible methods that can increase the likelihood of a favorable ruling. Evidence of infidelity or dishonesty must be obtained legally and with minimal interference in others’ well-being.
Professional Detective Agency in Warsaw – Check Our Offer and Gain Support in Your Case.
Judgment and Validation
The court’s decision to dissolve a marriage is issued in the form of a judgment following the proceedings. After the operative part of the judgment is read and oral reasoning provided, a 21-day period begins for the judgment to become final. If either spouse wishes to receive a written copy of the judgment, they must request it. Should a party disagree with the judgment’s content, they have the right to request a statement of reasons within seven days and may subsequently file an appeal within 14 days of receiving it.
Will the Court Grant a Divorce in Every Case?
It’s important to note that obtaining a divorce decree is not always guaranteed. The court may refuse to grant a divorce if:
- it is deemed contrary to the best interests of minor children,
- it conflicts with principles of social coexistence,
- the divorce request is filed by a spouse solely responsible for the marital breakdown.
An exception in the last case is when the other spouse consents to the dissolution of the marriage.
Private Detective in Warsaw – Support in Divorce Cases
Now that you know how to prepare a divorce petition and file the necessary documents, you may be wondering how to strengthen your case in court and substantiate claims against your spouse. A skilled private detective can provide a professionally, discreetly, and legally conducted investigation, the findings of which can be used in court proceedings. Contact our Warsaw-based detective agency today and entrust the necessary investigative activities to professionals with extensive experience.
