Because it takes two to divorce

Because it takes two to divorce

In one of Budka Suflera’s songs, Krzysztof Cugowski sings: ‘Because it takes two to tango. Compatible bodies and willing hearts. Although most people don’t know it, the best divorce is a divorce of compatible and willing people. Well-prepared and conducted divorce proceedings, which result from the mutual arrangements of the spouses, are faster, cheaper and most often more beneficial for both the spouses themselves and, possibly, their children. Discover 5 ways to get a quick and favorable divorce judgment.

A well-structured divorce petition

The filing of a lawsuit always leads to the initiation of divorce proceedings. A divorce petition is like your cover letter to your employer – it will let the judge know why you are requesting a divorce and what you expect from the verdict. Therefore, it is important to properly prepare a divorce petition. This is important not only because the provisions of Polish law precisely define a number of formal requirements for a claim, the failure to meet which will result in a summons to supplement the deficiencies or return of the claim. It is also important because a properly, clearly and precisely written petition facilitates the work of the judge, who does not have to take additional steps to learn the plaintiff’s position, and this definitely brings you closer to a faster conclusion of the divorce proceedings.

Consensual application for divorce without adjudication of guilt

As a rule, in a divorce judgment, the court rules on the fault of the spouses in the breakdown of the marriage. However, at the joint request of the spouses, the court will not examine the guilt of the spouses. The consent of the parties to such a “conflict-free” divorce means that there is no need to carry out complicated and lengthy evidence proceedings. The court does not have to examine evidence showing misconduct by a particular spouse. Sometimes, even the courts during divorce proceedings without adjudicating on guilt do not see the need for witnesses to testify – it will be enough to interrogate the spouses at the hearing, which will end the case at the first hearing.

Regulation of parental authority, contact with children and the amount of maintenance

In a divorce judgment, the court must decide on parental responsibility over the common children, on contacts with these children and on the amount of maintenance for each parent for the common children. However, the court takes into account the written agreement of the spouses on how to exercise parental authority and maintain contact with the child after divorce, if it is in the best interests of the child. Practice shows that if the spouses agree on issues concerning their common children, the courts will most often take into account their common position. A parenting agreement does not have to be extremely detailed. Precisely describing the schedule of contacts and the manner of exercising parental authority is most often necessary in the case of younger children who do not have sufficient knowledge to decide on their own about relations with their parents. Also, if you trust your spouse, your parenting agreement can be short and simple. You can also communicate with the other spouse so that the court does not rule on contacts at all. At your consent, the court will refrain from such a decision.

Waiving other resolutions in the divorce decree

In a divorce judgment, the court usually rules on the use of a shared flat (own or rented). However, this requires the court to conduct evidence proceedings in which the spouses will argue about the fate of the common apartment. If you want the court to rule on the apartment, make arrangements with the other spouse in advance about what you will do with it. At your consent, the court will refrain from deciding on a shared apartment, and you will deal with this issue on your own. Also, it is not always worth applying for the division of joint property in a divorce judgment. It is true that the court divides the joint property only if the division does not cause excessive delay in the proceedings, but it still prolongs waiting for the divorce judgment.

Cooperation with a professional representative

“Because it takes two to divorce” does not have to be related only to the consensual actions of the spouses. It can also refer to the cooperation of one of the spouses with a lawyer. If there is a conflict situation in your relationship and a divorce on fault is imminent, it is best to use the services of a professional attorney. An experienced attorney or legal advisor will help you fight for your rights. Make sure the process runs as smoothly as possible. He will respond to letters from the court and from the other party on an ongoing basis. It will make it easier for you to obtain a favorable judgment. The help of a professional attorney will also be useful in the case of “simpler” divorces. Check what else you will need to file a divorce petition at:

Divorce proceedings don’t have to be long and complicated. It is enough to take care of the good structure of the divorce petition and agree on the dissolution of the marriage with the other spouse. Regardless of this, it is best to use the help of a lawyer or legal adviser who will fully protect your interests.

If you need legal assistance in the field of divorce, please contact the law firm

Information source: Lexay law firm

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