Family law

One of the most common types of cases our clients seek assistance with at our law firm are divorce cases. “Divorce with a lawyer” significantly facilitates the entire procedure for the party that typically has their first encounter with the court. Already during the first visit to our law firm, we inform clients about the grounds for filing a divorce case – filing a divorce petition with the District Court, so that the court can grant the divorce of the spouses, and about what other legal issues, besides sanctioning the dissolution of the marriage, the court must address during the proceedings. We explain the differences between divorce without fault determination (amicable termination of marital relationship), divorce by mutual consent, and divorce with fault, endeavoring to choose with the client the most favorable way to dissolve the marriage. When our clients have minor children, we also provide detailed information on the legal consequences of divorce regarding minor children, including issues of parental authority, custody, place of residence, child support, and child contact with the parent with whom they will not reside.

If possible and beneficial for our clients, we strive to manage the proceedings in such a way that they last as short as possible and are as least burdensome for the participants as possible. Therefore, it is crucial to engage with a divorce lawyer.

One of the consequences of a court’s divorce decree is the termination (end) of the so-called marital property community. Until the divorce, unless a different marital property agreement (prenuptial agreement) was concluded earlier, everything that the spouses accumulated after marriage – purchased apartments, built houses, acquired cars, conducted business activities – constituted their joint and indivisible (meaning that the share could not be specified) property. The divorce decree or the conclusion of a marital property agreement establishing separation between the spouses ends this state. From that moment on, the spouses or former spouses have shares in the joint property, which can be divided. Division of marital property can be carried out in two ways – by filing a relevant motion to the court, which includes a draft division of property, or by a notarial deed before a notary. Division of marital property is carried out by assigning individual property items or by making appropriate payments. Sometimes, during the division of property, spouses also settle investments made from personal assets into joint property, or from joint property into personal assets. KRS Law Firm assists clients regardless of the method they choose to divide their property.

In cases where amicable resolution of the dispute is possible, we participate in negotiations, during which the parties agree on a project according to which they agree to divide the property, negotiate the amount of payments and supplements to the property, and if necessary, seek the opinion of a court-appointed property expert who will help assess the individual property components. After the negotiations, we schedule a visit to the notary to finalize the division of property in the form of a notarial deed. We accompany clients at every stage of the proceedings, including participating in notarial acts, to ensure that all formalities are complied with.

If an amicable division of property is not possible, on behalf of the client and after conducting appropriate interviews, we file a motion with the court for division of marital property, also determining unequal shares in the property.

In the case of court proceedings, we also accompany clients at every stage of the proceedings, relying on many years of experience, advising and striving to obtain the most favorable outcome for the client, including lodging objections to the opinions of appointed experts in the case. A case concerning the division of marital property concludes with a decision indicating to whom the court has awarded individual property items and in what amount it has awarded payment to the other spouse.

One of the most frequently commissioned cases handled by our Law Firm in the field of family law is child support. Child support refers to regular, obligatory payments usually made to family members (children, former spouses), consisting of providing means of subsistence, and, if necessary, also means of upbringing. Alimony payments can be divided into two types – financial support (payment of a specified amount to the entitled person) and provision of support (alimony), which relatives in the direct line and siblings are obliged to provide. This means, among other things, that parents (but also grandparents) are obliged to provide for the maintenance, and sometimes also the upbringing, of children (grandchildren).

The obligation to pay child support also applies to one spouse towards the other after the dissolution or annulment of marriage, or after a legal separation, preceding the obligation of the relatives of the other spouse.

Parents are obligated to provide child support for a child who is not yet able to support themselves, unless the child’s income from their property is sufficient to cover the costs of their maintenance and upbringing.

Parents cannot evade the obligation of child support on the grounds that fulfilling this obligation would be an excessive burden for them. They are obliged to share even the smallest income with the child. In special cases, when the situation requires it, parents may even be obliged to dispose of their property or some of its components in order to meet their obligation, for example, to save the child’s health. However, parents may be exempt from providing child support to an adult child if it would cause excessive harm to them, or if the child is not making efforts to become self-supporting.

The obligation of parents to provide child support is the broadest. The child has the right to the same standard of living as their parents. In other cases (e.g., obligation towards siblings, grandparents), only those who are in need are entitled to child support.

To obtain a favorable decision and an appropriate amount of child support, it is worth seeking assistance from a family law firm, such as KRS Law Firm.

Visitation rights are separate from parental authority, the rights of parents, but also other individuals who have established a lasting relationship with the child for meeting/visiting the child at specified times. Visitation with the child includes, in particular, spending time with the child (visits, meetings, taking the child outside their place of permanent residence) and direct communication, maintaining correspondence, using other means of communication remotely, including electronic communication. If the child resides permanently with one of the parents, the method of maintaining contact with the child by the other parent is determined jointly by the parents, guided by the best interests of the child and taking into account their reasonable wishes; in the absence of agreement, the family court decides.

Regulating the contact of a parent with the child or a child with grandparents usually occurs in situations of parental separation and the inability of the parents to agree amicably on when their son or daughter can meet or spend an extended period (e.g., a week of vacation or part of the holidays) with the parent with whom they do not live on a daily basis. The request to regulate contacts is usually part of a divorce lawsuit because the District Court, when issuing a judgment concerning divorce, is obliged to make a decision in this regard. If parents can reach an agreement on an ongoing basis, it is possible to refrain from ruling on contacts. However, this is a relatively rare situation because parental separation usually occurs as a result of an ongoing dispute. To ensure an appropriate relationship with the child, it is necessary to regulate contacts and ensure regular meetings with the child, as well as spending important events with them every calendar year. In properly regulating contact with the child, a family law attorney proves to be helpful, as they will not only submit the appropriate application on behalf of the parent or other person but also help arrange a schedule of meetings with the child.

It should be remembered that regulating a parent’s contact with the child may take the form of restriction. If the child’s well-being requires it, the family court may limit parents’ contact with the child. The restriction may take the form of a prohibition on meeting the child without the presence of the other parent or guardian, a prohibition on taking the child away from their place of residence, or even a prohibition on meeting the child. Such a form of regulating contacts occurs when the parent whose contacts are subject to regulation presents morally reprehensible lifestyles or is dependent on the use of psychoactive substances, including alcohol. In extreme cases – for example, if the child was a victim of violence by a parent – if maintaining contact between parents and the child seriously jeopardizes the child’s well-being or violates it, the court will prohibit their maintenance.

Parental authority encompasses the rights and obligations of parents to care for and raise the child, respecting their rights. Thus, parental authority includes making all significant decisions related to the child – where they will live, which school they will attend, what faith they will be raised in, and how they will be treated. As indicated by the family and guardianship code, parents raise and guide the child under their parental authority. Parents are obligated to care for the physical and spiritual development of the child and to properly prepare them for work for the good of society, according to their abilities. Proper exercise of parental authority involves making decisions concerning the child that are primarily in the child’s interest and welfare, rather than necessarily in the parent’s interest. Parental authority is granted to both parents and is not regulated by the court ex officio, except in divorce cases, where the court is obliged to include a ruling regarding parental authority.

Even if parents of a minor son or daughter decide to separate – whether through divorce or separation from partners – this does not necessarily entail limiting parental authority for one of the parents.

The need to regulate matters related to parental authority arises in several cases – when divorce proceedings are conducted, when proceedings are conducted to establish the child’s paternity, and also when one of the parents applies for it due to the inability to jointly exercise parental authority. The provisions of the Family and Guardianship Code indicate that if parental authority is vested in both parents living apart, the family court may, for the good of the child, specify the manner of its exercise and the maintenance of contacts with the child. The court leaves parental authority to both parents if they have presented a written agreement on the manner of exercising parental authority and maintaining contacts with the child in accordance with the child’s welfare. Siblings should be raised together unless the child’s welfare requires a different decision.

In the absence of the aforementioned agreement, the court, considering the child’s right to be raised by both parents, decides on the manner of jointly exercising parental authority and maintaining contacts with the child. The court may entrust the exercise of parental authority to one parent, limiting the parental authority of the other to certain duties and rights concerning the child, if it is in the child’s best interest.

This means that even parents in conflict, if they can agree on issues related to exercising parental authority, and even conclude a relevant agreement in this regard, can jointly exercise parental authority. However, if parents have significantly different views on how to exercise parental authority, and a dispute arises between them on this basis, the court will decide how parental authority will be exercised by each of them, including whether one will exercise parental authority unrestrictedly, while the authority of the other parent will be limited, for example, to significant matters concerning the child. Such limitation means that the parent whose authority is limited has only the so-called right of objection and when they want to enforce it against the other parent, they will have to seek a decision from the family court. Similarly to other matters within the scope of family law, an important asset in handling such cases is a family law attorney.

To start cooperation, if you’re facing a personal situation indicating a family law dispute and want to learn about your rights or the chances of winning a court case, contact us via email at sekretaria@kancelariakrs.pl, providing your contact details – name, surname, and phone number – or directly by phone.

In response, you’ll receive information from the Law Firm along with a proposal for a meeting at the office.

During the scheduled meeting at the Law Firm, a family law attorney, a divorce attorney, will discuss your rights, obligations, the stages of the dispute, and outline the chances of winning before the Court. You’ll also receive information about the Law Firm’s fees and the costs of handling the case in court. The costs of handling the case in court include the fee for the lawsuit or application and a fee for the power of attorney in the amount of 17 PLN. If you decide to entrust the case to the Law Firm, we will prepare the appropriate power of attorney and accept the mandate to handle the case in court.