How long does a divorce with adjudication of guilt take – currently in Poland divorce is not something that would surprise anyone. Poles are getting divorced more and more often and it is basically the same tendency as all over the world, or at least in Europe or North America, i.e. in those parts of the world that are the most developed. However, there is one thing that is changing in Poland, namely that fewer and fewer people apply for a divorce with a guilty verdict.
Let’s talk about what a fault-based divorce is, how it differs from other forms of divorce, and whether we should actually give up filing for a fault-based divorce.
Why are we filing for divorce at fault less and less?
There are several reasons why we file for divorce with a fault decision less and less often, but the duration of such a divorce is probably the most important. The second important thing is that more and more Poles, when they want to get a divorce, employ a divorce office or a divorce lawyer.
It would seem like a trivial reason, but in fact, if we take a divorce law firm or a divorce lawyer, then it will be well explained to us what a fault-based divorce is, how such a divorce proceeds, how long it can last and what are the any chance of us winning the divorce.
The truth is that it is very difficult to win a divorce case with a guilty verdict. If you look at it from the court’s perspective, in fact it will have to analyze such a case very carefully, and even if one of the parties is definitely at fault, even if it shows that to some extent, even a small one, the other party could have contributed to the divorce, then a unilateral verdict of guilt will certainly not be issued. This is a legal requirement, not a court whim. For this reason, many people, after analyzing the entire divorce case with their divorce lawyer, very often do not decide on this type of divorce. Sometimes it’s definitely better to just settle.
What does a divorce with a guilty verdict change?
Divorce on fault first of all changes a lot for both parties who are divorcing. The person against whom the court finds fault is primarily obliged, among other things, to pay alimony to the person through the divorce of the injured party. The law interprets this situation in such a way that the other party, who did not contribute to the divorce, is injured.
This is not about alimony, for example for children, but about alimony, actually for the other party, i.e. for our former spouse. Even if there is a childless marriage, if one of the parties is found guilty, the other party has the right to demand alimony in such an amount that the standard of living after the divorce does not differ from the level it was before the divorce.
There is some justification for this. If we assume that in a marriage one of the people devoted himself to professional work, and the other person ran the house, then after a no-fault divorce, most likely the party who did not physically earn any money will be much more aggrieved. It is especially unfair if that person did not contribute to the divorce.
How long can a divorce with a guilty verdict last?
A fault finding divorce will take significantly longer than any other form of divorce. This is primarily due to the gravity of the case and the fact that the court will have to analyze the entire case, including various types of evidence and witnesses, before issuing a verdict. The evidence can be really extensive and rich.
Firstly, the court will collect evidence itself, and secondly, each party may submit different evidence. The situation is similar with the appointment of witnesses who will testify about various types of situations. The witnesses most often in divorce cases are family members, but when it comes to cases with a guilty verdict, for example, we can expect that witnesses such as, for example, our work friends or even neighbors will be appointed, which is why such a case drags on usually around two years. There are also difficult cases that take up to three years or a little longer.
If we are involved in a divorce case with a guilty verdict, then regardless of which side we stand on, we should hire a lawyer or a divorce law firm. This is primarily due to the fact that the case, first of all, takes a long time, so we need someone who will keep their finger on the pulse all the time, and secondly, we need someone experienced when it comes to divorce cases in order to choose the right strategies in our case, reported appropriate witnesses and relevant evidence, as well as a divorce lawyer’s office, will be able, for example, to undermine various types of witnesses or evidence of the opposing party, or show their testimony as, for example, unrelated to the case.