In my practice as an advocate, I have often encountered poorly planned divorces: mistakes whose consequences followed the person for years.
Here are the three I see most often.
1. Assuming that a compromise will definitely be possible.
Many people believe that a divorce without a finding of fault, or with fault on both sides, is always the best solution. Yet such a judgment also affects spousal maintenance. A former spouse who was not found solely at fault and cannot meet their reasonable needs may claim maintenance, taking account of those needs and the other spouse’s earning capacity and assets. If the paying spouse was not found at fault, the obligation generally ends five years after the divorce; in exceptional circumstances, the court may extend this period at the entitled spouse’s request. This five-year limit does not apply where both spouses were at fault. The obligation also ends when the entitled spouse remarries. A separate rule applies where one spouse was solely at fault: the innocent spouse may seek appropriate support even without financial hardship if the divorce substantially worsened their financial situation (Article 60 of the Polish Family and Guardianship Code).
2. Assuming that the truth will emerge on its own.
The court does not know us or our life. The facts relevant to the case should therefore be presented clearly and supported by appropriate evidence. Documents, witness testimony and other evidence help the court establish what happened and assess each party’s position.
3. Appearing without a professional legal representative.
Court proceedings have their own rules. Individual words carry weight there and do not always mean what they mean in everyday speech. It is always worth having a legal representative: it helps you defend your position and makes it easier for the court to conduct proceedings that are fair to both sides.
Author: Katarzyna Gorgol Pryczynicz, advocate