divorce lawyer in gdansk
Divorce in Gdansk. DIVORCE LAWYER: IS THIS REALLY NECESSARY?
We know that emotions and stress are huge, especially if the circumstances leading to divorce are painful.
Spouses, when under stress, often agree to solutions they do not feel comfortable with. Sometimes their approach during the divorce case and actions taken at court result in the unfavourable decree. A professional lawyer focuses primarily on the situation and the interests of the client. He/she knows the rules and practice. He/she is aware of how the given circumstances may influence the future situation of the spouses. Watching over the course of the case and keeping it cool is what a good lawyer was hired for.
A professional lawyer is also discreet and empathetic and understands the difficult situation of their client. He/she should take into account the best interests of the client, also having in mind their emotional state.
Also, a case when both spouses are willing to divorce and want their marriage to end quickly, happens very often.
Then, an experienced divorce lawyer should be there to help them prepare for it properly. He/she takes care of determining the necessary issues that the court must adjudicate in the divorce decree.
Tha is why we always advise divorcing people to use services of a divorce lawyer. We explain the exact reasons below in our infographic, in section Divorce Lawyer Gdansk - Additional materials at the bottom of the page.
The most important requirement for divorce is permanent and complete breakdown of the marriage.
During the divorce proceeding, a judge examines whether such a breakdown actually took place. In practice, this means that the judge asks the spouses about their spiritual, physical and economic bond.
The spouses then tell the judge about their feelings for each other and their physical bond. The important fact is that even couples who are not conflicted may divorce if the judge determines that their bond, including the spiritual bond, has ceased.
The judge also should come to conclusion that the breakdown of the marriage is permanent.
It does not mean that one needs to wait a certain period of time to file for divorce. It is essential that there is no chance for a married couple to get back together.
In other words, the judge needs to be convinced that the spouses are not going through a temporary crisis, but that their marriage is actually over.
Of course, we should keep in mind that there are also negative grounds for divorce. The court will not declare divorce despite the breakdown of the marriage, if:
- the welfare of the spouses' common minor children would suffer,
- it would be contrary to the principles of social coexistence,
- a divorce is requested by a spouse who is completely guilty of the breakdown of the marriage, unless the other spouse agrees to the divorce or the lack of his/her consent is contrary to the principles of social coexistence.
An experienced divorce lawyer, at the first meeting with their client, evaluates whether basic conditions for divorce are met. A good attorney will not advise a client to file for a divorce that could turn out to be premature.
LEGAL GROUNDS FOR DIVORCE
WHO IS TO BLAME FOR DIVORCE?
As a rule, a judge decides whether and which of the spouses is to blame for the breakdown of their marriage.
This decision has an impact on maintenance obligation towards the other spouse. This is a very common reason why divorce cases last for months. By various means of evidence, the parties try to prove the sole guilt of the other spouse.
It is more and more common that spouses, in order to avoid lengthy and often painful court proceedings, jointly request not to be found guilty. Then, as long as other issues have also been agreed between the spouses, the divorce may be obtained at the very first court hearing.
The termination of a marriage is not only a serious decision, but also involves a number of issues that the spouses and a court must settle.
THE END OF MARRIAGE. WHAT'S NEXT?
PARENTAL AUTHORITY OVER COMMON CHILDREN AND ALIMONY
The court is obliged to rule on parental authority over the spouses' joint minor children. It also decides about contacts between parents and children.
Finally, the court must adjudicate on the costs of maintaining and bringing up a child borne by both parents. In practice, this means that the court in the decree determines what monthly amount one spouse transfers to the other spouse as maintenance allowance.
Of course, the spouses can determine among themselves how to exercise parental authority and how their contacts with their children will look like after the divorce. Unless this is contrary to the best interests of the child, the court accepts such an agreement in the divorce decree.
The spouses may also request that the court not decide on contact with their children. However, it must be a joint request of the parties.
If the spouses live together, the court may also decide how the spouses will use a shared flat after divorce.
Strony mogą również umówić się między sobą, jak to korzystanie z mieszkania ma wyglądać – może ono przypaść jednemu z małżonków, mogą również uwzględnić mieszkanie przy podziale majątku. Wówczas sąd uwzględni te ustalenia w wyroku rozwodowym. W szczególnych wypadkach jest też możliwość wniesienie przez jednego z małżonków żądania eksmisji drugiego z małżonków. Więcej na ten temat piszemy w artykule „Co z mieszkaniem po rozwodzie„.
SHARED APARTMENT (FLAT, HOUSE)
DIVISION OF JOINT PROPERTY
In the divorce decree, the court may also decide on the division of property.
Division of property in divorce decree must not cause undue delay in the entire proceedings.
This means that if the joint property of the spouses is extensive and there are many controversial issues, it may "distract" the court from the essence of the proceedings, i.e. termination of marriage due to the permanent and complete breakdown.
In such cases, the court will not divide the property and it will then become the subject of a separate proceeding. Our law firm in Gdansk also conducts proceedings relating only to the division of joint property.
Before the court trial, the spouses can unanimously distribute the joint property and present a proposal to the court. Then the court will take these findings into account in its decision.
In that case, the court may terminate the marriage and settle all matters between the spouses in one decree and after only one hearing.
THE MAINTENANCE OBLIGATION TOWARDS THE SPOUSE
ANULLMENT OF MARRIAGE
It is not always the divorce or death of the spouse that ends the marriage. There are situations when a marriage has been entered into even though it should not.
This could be cases such as, among others, bigamy, total incapacitation, mental illness or kinship between spouses.
Sometimes people get married under the influence of threats or due to mistake related to the identity of the other party or in a state excluding conscious expression of will.
All these situations and a few more are legal grounds for annulment of marriage.
Our lawyers, apart from handling divorce cases, also have experience in proceedings for annulment of marriage.
It is worth mentioning that when it comes to the effects of annulment in terms of relations with children and property relations between spouses - rules of divorce apply.
As attorneys-at-law in Gdansk, we deal with divorce cases mainly within the territorial reach of the Gdansk Appeal Court.
The court of first instance in divorce cases is the Regional Court in Gdańsk.
If the spouses' last joint residence is within the territorial jurisdiction of that court and at least one of the spouses still lives there, then they should file for divorce to the District Court in Gdańsk.
The area of jurisdiction of the Regional Court in Gdańsk includes:
Gdansk, Gdynia, Sopot, the area of the District Court in Kartuzy, Kościerzyna, Kwidzyn, Malbork, Starogard Gdański, Tczew or Wejherowo.
Our law firm in Gdansk also has extensive experience in divorce with foreign element.
If you are interested in legal assistance of our law firm, you can contact us by using this form: Divorce Lawyer Gdansk – Contact.