Divorce is not merely the formal end of a marriage. Where spouses have joint minor children, the court must also address the most important matters concerning their future lives.
In practice, many questions arise: Which parent will the child live with? Who will make decisions about their upbringing? How will contact arrangements and child maintenance be determined? Can interim measures be obtained during divorce proceedings? Which documents should be prepared before the case reaches court?
The answers depend on the circumstances of each family, but understanding the basic rules makes it much easier to prepare for divorce proceedings in Poland.
Can you get divorced if you have minor children?
Yes. Having joint minor children does not prevent spouses from obtaining a divorce. However, the court must establish whether the statutory conditions for dissolving the marriage have been met.
Under Article 56 § 1 of the Polish Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), divorce is possible where there has been a complete and permanent breakdown of marital life.
In practice, the court primarily considers whether the following bonds have ceased to exist:
- Emotional bond – the spouses no longer share the emotional relationship characteristic of marriage.
- Physical bond – their intimate relationship has ended.
- Economic bond – the spouses no longer conduct their shared household and economic life in the manner characteristic of marriage.
This does not mean that all these bonds must necessarily end at precisely the same time. For example, spouses may continue living under the same roof for financial reasons even though their marriage has effectively broken down. The court assesses the circumstances as a whole.
A complete breakdown means that the marital relationship has ceased to exist, while its permanence means that there are no realistic grounds for expecting the spouses to resume married life together.
Can a court refuse a divorce because of the children?
Yes. Under Article 56 § 2 of the Polish Family and Guardianship Code, divorce is not permissible if granting it would be detrimental to the welfare of the spouses' joint minor children.
However, the mere fact that spouses have children does not automatically prevent divorce.
The court assesses the children's emotional situation, their existing relationships with their parents, their living and upbringing conditions, and the potential consequences of divorce. It may also be important whether the parents can provide stability and avoid involving the children in their conflict.
Polish law also provides for other grounds on which divorce may be refused, including incompatibility with the principles of social coexistence and, in certain circumstances, the absence of consent from the spouse who is not at fault.
What does the court decide in a divorce involving children?
Article 58 of the Polish Family and Guardianship Code is particularly important.
Where spouses have joint minor children, a divorce judgment does more than dissolve the marriage. The court also determines matters relating to the parents' continuing responsibilities towards their children.
1. Parental authority
The court decides how parental authority will be exercised after divorce.
It may leave parental authority with both parents if that arrangement is consistent with the child's welfare. Alternatively, it may entrust the exercise of parental authority to one parent while limiting the other parent's authority to specified rights and duties.
Importantly, divorce does not automatically restrict either parent's parental authority.
The court considers, among other things, each parent's previous involvement, ability to meet the child's needs, care arrangements and capacity to cooperate on matters concerning the child's upbringing.
If the parents submit a written agreement concerning the exercise of parental authority and contact with the child, the court will take it into account provided that it is consistent with the child's welfare.
2. The child's place of residence
One of the most frequently disputed issues is determining which parent the child will primarily live with.
The parents may jointly propose that the child's place of residence should be with the mother or father. If they cannot agree, the court decides with the child's welfare in mind.
Relevant factors include:
- how day-to-day care has been provided so far;
- the child's emotional bond with each parent;
- housing conditions and practical arrangements;
- the ability to provide stable education, healthcare and upbringing;
- the child's age and developmental needs;
- relationships with siblings.
There is no rule under Polish law that a child must live with their mother after divorce. The court should not make its decision solely on the basis of a parent's gender. What matters most is the welfare of the individual child.
It is also important to distinguish a decision about the child's place of residence from a decision about parental authority. These are not the same legal concepts.
3. Contact between children and parents
Children have the right to maintain relationships with both parents, and parents have both the right and the duty to maintain contact with their children.
Contact arrangements may include:
- meetings on specified weekdays;
- weekends and overnight stays with the other parent;
- winter school holidays and summer holidays;
- public holidays and family celebrations;
- telephone calls and video conversations.
If the parents cannot agree on contact arrangements, the court may establish a detailed schedule.
As a general rule, contact arrangements are addressed in the divorce judgment. However, at the spouses' joint request, the court may refrain from ruling on contact.
It is worth remembering that contact with a child is legally distinct from parental authority. Even a restriction of parental authority does not necessarily mean that contact must be restricted.
For more information about arranging meetings, obtaining interim contact arrangements and dealing with obstructed contact, read our guide: Contact with a child after parental separation – how to arrange it and what to do if contact is obstructed?.
4. Child maintenance
The divorce court also determines the extent to which each parent is required to contribute to the maintenance and upbringing of their joint minor children.
The most important considerations are:
- the child's justified needs;
- the parents' earning and financial capacities;
- the extent of each parent's personal involvement in caring for and raising the child.
The child's maintenance costs may include food, housing, clothing, education, healthcare, transport, extracurricular activities and holidays.
There is no single statutory amount of child maintenance applicable to every family. Nor is it correct to divide all expenses automatically into equal halves without considering the parents' circumstances and their respective care responsibilities.
A parent who provides the child's day-to-day care may fulfil part of their maintenance obligation through their personal efforts in looking after and raising the child.
For this reason, when preparing for divorce, it is useful to prepare an accurate monthly breakdown of the child's living expenses and, wherever possible, collect documents supporting those costs.
For a more detailed explanation of how maintenance amounts are determined and which documents may be useful in court, see our article: Child maintenance – what determines the amount and what evidence should you prepare?.
Divorce with or without a finding of fault?
This is one of the first issues to consider before filing a divorce petition.
Under Article 57 of the Polish Family and Guardianship Code, the court generally determines whether either spouse is at fault for the breakdown of the marriage. However, if both spouses jointly request it, the court will refrain from deciding on fault.
Divorce without a finding of fault
If both spouses agree to divorce without determining fault, the proceedings may be less confrontational.
There is then no need to conduct extensive evidentiary proceedings aimed at establishing which spouse was responsible for the breakdown of the marriage.
However, this does not automatically mean that the divorce will be concluded at a single hearing. Where the parents disagree on matters concerning their children, the proceedings may still be complex.
Divorce with a finding of fault
If the spouses do not jointly request that the court refrain from determining fault, the court will decide that issue.
Evidence may include documents, correspondence, witness testimony and statements from the parties, provided the evidence has been lawfully obtained and presented and concerns relevant circumstances.
A finding of fault may affect maintenance obligations between former spouses under Article 60 of the Polish Family and Guardianship Code.
A finding of fault does not, by itself, determine which parent the child will live with or who will exercise parental authority. The court assesses those matters from the perspective of the child's welfare.
Nor does a finding of fault automatically entitle the spouse who was not at fault to a larger share of the marital property.
What does a divorce case in Poland look like step by step?
Step 1. Preparing the divorce petition
The petition should clearly state the request to dissolve the marriage and the position concerning fault.
Where the spouses have joint minor children, it should also contain proposals concerning parental authority, the children's place of residence, contact arrangements and child maintenance.
The statement of reasons should describe the circumstances demonstrating a complete and permanent breakdown of marital life and identify the facts and evidence relevant to the requests.
Step 2. Filing the petition with the competent court
**Divorce cases in Poland are heard by a regional court (sąd okręgowy)**, not a district court (sąd rejonowy).
Territorial jurisdiction is determined according to Article 41 of the Polish Code of Civil Procedure. Priority is given to the spouses' last common place of residence, provided that at least one of them still resides or habitually stays within that court's jurisdiction.
If this rule does not apply, jurisdiction is established under the subsequent statutory rules, including the defendant's place of residence and, ultimately, the claimant's place of residence.
Therefore, before filing a petition, it is important to check not only where the claimant currently lives but also the spouses' last shared place of residence.
Step 3. Response to the divorce petition
The other spouse receives the petition and may present their position.
They may agree to the divorce, challenge the requests concerning fault or propose different arrangements relating to the children.
Step 4. Taking evidence
The court establishes the circumstances of the marriage breakdown and the situation of the minor children.
Depending on the case, it may examine documents, hear the parties and witnesses, and obtain expert opinions.
Where there is a serious dispute between the parents concerning the care of a child, an opinion from a Polish court-appointed specialist team (Opiniodawczy Zespół Sądowych Specjalistów, OZSS) may be relevant.
Step 5. The divorce judgment
The court dissolves the marriage and determines the other matters that must, under Polish law, be included in the judgment.
Where the spouses have joint minor children, decisions concerning the children's circumstances are a particularly important part of the judgment.
Which documents should you prepare for a divorce involving children?
The necessary documents depend on the claims and circumstances of the case. Typically, the following may be useful:
- An abbreviated marriage certificate – confirming that the marriage was entered into.
- Abbreviated birth certificates for the joint minor children – identifying the children concerned.
- Documents confirming income – such as employment and earnings certificates, tax documents or other evidence of financial capacity.
- A breakdown of the children's living expenses – covering regular and significant costs.
- Proof of expenses – receipts, invoices, bank transfer confirmations and other relevant documents.
- Documents concerning the children's health and education – where relevant to the requests made.
- Correspondence between the parents – where it concerns disputed matters and may lawfully be used as evidence.
- Details of witnesses – people with direct knowledge of the relevant circumstances.
Not every document listed above must be submitted in every case. Evidence should be selected according to its relevance to the particular requests.
Practical advice: it is best to organise documents by subject: the breakdown of the marriage, the children's situation, maintenance, contact arrangements and any other requests. This helps avoid confusion and makes it easier to prepare the legal case.
Can you obtain interim child maintenance and contact arrangements during divorce proceedings?
Yes. It is not always necessary to wait for a final divorce judgment before temporarily regulating the most important matters concerning the children.
During proceedings, an application may be made for appropriate interim measures, particularly concerning:
- maintenance for minor children;
- arrangements for the child's care and place of residence;
- contact between the child and a parent.
Interim child maintenance
If one parent is not providing adequate financial support for the child, an application may be made for an order requiring that parent to pay a specified amount during the divorce proceedings.
The application should specify the amount requested, identify the child's needs and provide appropriate reasons.
Interim contact and care arrangements
If the parents cannot agree on care or contact, the court may temporarily determine the rules that will apply while proceedings are ongoing.
This can be particularly important where conflict has caused contact with one parent to stop or has created uncertainty about the child's day-to-day care.
It is important to remember that special procedural rules apply during divorce proceedings to matters concerning child maintenance, parental authority and contact. It is not always possible to pursue separate proceedings before a district court at the same time.
How much does a divorce involving children cost in Poland in 2026?
The court fee for filing a divorce petition is PLN 600. This is a fixed fee under Article 26 of the Polish Act on Court Costs in Civil Cases.
However, this does not mean that every divorce will cost only PLN 600 in total.
Depending on the course of the proceedings, additional expenses may include:
- fees for expert or specialist opinions;
- expenses connected with taking evidence;
- mediation costs;
- lawyer's fees;
- additional court fees associated with particular decisions.
Where the court grants a divorce without determining fault at the spouses' joint request, the law provides, subject to statutory conditions, for a refund of half the fee paid for the petition once the judgment becomes final.
For a PLN 600 filing fee, this may mean a PLN 300 refund.
A person whose financial circumstances do not allow them to pay court costs without compromising their own or their family's essential living needs may consider applying for an exemption from court costs under the statutory rules.
How long does a divorce involving children take?
There is no single statutory deadline by which every divorce case must be completed.
The duration depends on the extent of the dispute, the amount of evidence, the need to hear witnesses, potential expert opinions and the workload of the competent court.
A divorce without a finding of fault, where the spouses agree on the arrangements for their children, may require considerably fewer procedural steps than a case involving disputes over fault, care and maintenance.
Nevertheless, it should not be assumed that every uncontested divorce will conclude at the first hearing.
Can marital property be divided during divorce proceedings?
Yes, but not in every case.
Under Article 58 § 3 of the Polish Family and Guardianship Code, the court may divide the spouses' joint property in the divorce judgment at the request of either spouse if doing so will not cause excessive delay to the proceedings.
If the spouses have a serious dispute over the value of a property, reimbursement of expenditure or other marital assets, the division may require separate proceedings.
Therefore, granting a divorce does not automatically divide the couple's home, savings or other joint property.
How can you prepare children for their parents' divorce?
Divorce directly concerns the spouses, but its consequences affect the whole family.
From a child's perspective, predictability, a sense of security and the ability to maintain relationships with their parents are particularly important, provided those relationships do not threaten the child's welfare.
Where possible, parents should:
- explain the situation in a way appropriate to the child's age;
- avoid making the child feel responsible for the breakdown of the marriage;
- avoid requiring the child to take sides;
- avoid using the child to pass messages or complaints between parents;
- preserve continuity in education, friendships and everyday activities;
- resolve organisational matters without involving the child in their conflict.
Where the situation is particularly difficult, support from a child psychologist may be helpful.
Above all, parents should separate their personal conflict from the needs of their child.
Common mistakes during divorce proceedings involving children
1. Treating child maintenance as a way to settle a personal conflict
Maintenance is intended to meet the child's justified needs. It should not be used to punish the other parent.
2. Establishing contact without a specific schedule
An arrangement stating that parents will agree on contact “as needed” may prove insufficient if the conflict escalates.
3. Failing to document expenses
Simply stating a high monthly amount is not a substitute for an accurate breakdown of costs and appropriate supporting evidence.
4. Focusing exclusively on fault
A dispute about the reasons for the breakdown of the marriage should not overshadow the need to establish safe and stable arrangements for the children after divorce.
5. Making important decisions about the child unilaterally
Not all decisions can be made without regard to the other parent's legal position. It is necessary to establish the scope of each parent's parental authority and whether any previous court orders exist.
6. Involving the child in the proceedings
A child should not be treated as a witness to the parents' conflict whose role is to support one side's allegations.
Frequently asked questions about divorce with children (FAQ)
Can you get divorced if the other spouse does not agree?
Yes. The other spouse's refusal does not always prevent divorce. The court examines the statutory conditions and obstacles to granting it. Particular rules may apply where the divorce is requested by the spouse who is solely responsible for the breakdown of the marriage.
Does a child always stay with the mother after divorce?
No. Polish law does not automatically give mothers priority. The court acts in the child's best interests and assesses the circumstances of both parents.
Can a father be awarded care of the child after divorce?
Yes. The court may determine that the child will live with their father and regulate the exercise of parental authority accordingly if that is consistent with the child's welfare.
Can a child decide which parent to live with?
The child's views matter but do not automatically determine the outcome. The court considers the child's age, maturity, needs and reasonable wishes, applying the relevant rules on hearing the child.
Is shared alternating care possible?
In appropriate circumstances, care arrangements may be structured so that the child stays with each parent for recurring periods. However, this must serve the child's welfare and take account of their needs, living conditions and the parents' practical circumstances.
Does alternating care always mean that no child maintenance is payable?
No. The care arrangement does not automatically remove maintenance obligations. The child's needs, the parents' financial capacities and the actual division of maintenance costs remain relevant.
Can child maintenance be obtained before the divorce judgment?
Yes. An application may be made for interim child maintenance during divorce proceedings.
Do you need a lawyer for a divorce case in Poland?
There is no general requirement to be represented by a lawyer in divorce proceedings before the court of first instance. However, professional legal assistance can be particularly useful where the spouses dispute parental authority, contact, maintenance, fault or property matters.
Can decisions concerning children be changed after divorce?
Yes. If significant circumstances change, it may be possible to apply for certain decisions concerning the children to be amended in accordance with the applicable law.
How should you prepare for your first consultation with a divorce lawyer?
Before the meeting, it is useful to gather the main documents and organise the most important information.
Prepare a brief chronology of the marriage: when serious difficulties began, when the spouses stopped living together as a married couple and what arrangements currently exist for the children.
It is also helpful to consider your position on the following questions:
- Do you want a divorce with or without a finding of fault?
- Which parent should the children primarily live with?
- How should parental authority be exercised?
- What contact schedule would be appropriate?
- What are the children's actual living expenses?
- Are interim measures needed while the case is pending?
You do not need to have an answer to every question immediately. The consultation is also an opportunity to determine which solutions are legally possible and what evidence should be gathered.
Divorce lawyer in Kraków, Proszowice and Mszana Dolna
Every divorce case has its own circumstances. Proceedings where the spouses agree on ending the marriage and the arrangements for their children differ significantly from cases involving disputes over fault, the child's place of residence, contact and maintenance.
The Law Office of Attorney Angelika Mazur-Kubowicz provides legal assistance in family law matters, including divorce, parental authority, child contact, child maintenance and division of marital property.
The law office assists clients seeking legal representation in Kraków, Proszowice and Mszana Dolna.
During a consultation, the family's situation can be assessed, possible claims discussed, available documents reviewed and preparations for proceedings planned.
A well-prepared divorce case begins with clearly defining the objectives and protecting the children's interests — even before the petition is filed.
Legal basis: Articles 56–60, 95, 97, 107, 113–113⁶ and 133–135 of the Polish Family and Guardianship Code; Articles 41, 425 et seq. and 445–445¹ of the Polish Code of Civil Procedure; Article 26 of the Polish Act on Court Costs in Civil Cases.
This article is provided for general information. The choice of legal claims and the appropriate course of action require an individual assessment of the family's circumstances and documents.