Migration Helpline

IMPORTANT! Changes in the Law of Foreigners since 1st of May 2014!
This answer is ARCHIVE, needs to be verified if it is compliant with current law


I am an Armenian woman with tolerated stay in Poland. I am married to an Armenian man. I live in Poland, but he has been gone for 6 years. Can I file a petition for legal separation in Poland?


According to art. 11031 § 1 point 1 and 2 of the Code of Civil Procedure, marital affairs such as adjudicating separation between persons who are not Polish citizens, fall within the national jurisdiction of Polish courts (meaning that a foreigner can file a petition for legal separation) if the following are true:

  • Both spouses’ last place of domicile or last place of ordinary stay was in the Republic of Poland, and one of them still has a place of domicile or ordinary stay in the Republic of Poland; or
  • The spouse who is the plaintiff (that is, the one who files the petition for separation to the court) has had a place of domicile or ordinary stay in the Republic of Poland for at least a year immediately before the start of the procedure.

“If you meet one of the above conditions, you can file a petition for legal separation in Poland,” says Jagoda Bąk, a lawyer with the Women’s Rights Center (Centrum Praw Kobiet), an organisation offering advice and help in various life situations.

“A petition for separation is filed in two copies to the district court in whose jurisdiction the spouses have a joint place of domicile, or without such a basis, to the appropriate court for their joint place of stay,” says Jagoda Bąk.

If the spouses do not have a joint place of domicile or stay, the petition should be filed with the court appropriate to one of the spouses (the court for the place of domicile or stay of the plaintiff), to the civil department.

The petition should include the following documents: a marriage certificate and a document confirming legal stay in Poland. If you have children, you should include their birth certificates.

Furthermore, the petition requires the submission of other documents to which the plaintiff refers in the petitition – such as documents justifying his or her decision on the necessity of separation. The plaintiff may also list potential witnesses to testify in the proceedings. A petition for divorce carries a court fee of 600 PLN. This fee must be paid by the party filing the petition, although the court may decide to return this fee to the plaintiff from the defendant if it accepts the petition, in accordance with a request indicated in the petition (court fees may also be shared between the parties e.g. in the case of a divorce without a judgement of fault).

If no fee is paid, the court will not hear the petition. We are grateful to the Women’s Rights Center for preparing this information.

The Women’s Rights Center invites foreign women in need to make use of its counselling on matters related to civil law. Contact: www.cpk.org.pl.

Translation by Zuzanna Olszewska.

Answer date:

2009-09-10 15:47:54


Your comment
E-mail Password to remove

Back to all questions in this category

Our answers are only informative - please DO NOT treat it as a legal advice!

We regret to suspend Infolinia service. For over a year, we give advice on a voluntary basis - but the scale of questions is far beyond our ability possibilities to help for free. We will unlock the service as soon as we find funds to continue. We still provide information by telephone and by e-mail.
Internauts opinions about infoline Rate us


Migration Helpline (Infolinia Migracyjna) is now run thanks to voluntary work of PFM staff. Before, it was maintained (2012-2014) thanks to co-financing of the project Information Center for Foreigners 2, run by PFM in partnership with the Association for Legal Intervention and the Mazovian Governor. It is co-financed by the European Fund for Integration of Third Country Nationals and by the state budget.


In the years 2009-2011 the project was run as part of Information Center for Foreigners run by the same partnership, also co-financed by the European Fund for Integration of Third Country Nationals and by the state budget.