Adwokat dr Joanna Dominowska

You do not have to agree to a divorce even if your spouse already has a new family and your are not together for a long time.

Refusal to consent to the divorce and the rules of social coexistence:

1. Only durability of spouses disconnection cannot be considered as the fact, that according to the Article. 56 § 3 KRO justifies a refusal to innocent spouse divorse consent to be incompatible with the principles of social coexistence, moreover disconnection durability does not create the presumption, that the innocent spouse which refuses the consent to a divorce, is aimed by the desire to harassment of the guilty spouse.

What gives me a divorce request from the exclusive fault of the spouse?

In a situation where the divorce entails a substantial deterioration of innocent spouse' financial situation, they can claim alimony from the spouse exclusively guilty of the marriage breakdown.

Does the lack of an agreement signed by the parents forces to limit parental authority of one of them?

The requirement of parental divorce agreement was introduced in art. 58 paragraph 1a of the Code of the Family. It is now interpreted by the courts, so that the parents do not provide consistent, agreement signed by both of them, then one of them, usually the father, is limited to parental authority.