Legal expert Dr hab. Joanna Dominowska warns that President Karol Nawrocki’s veto of simplified divorce procedures will overload courts and prolong the suffering of couples in failed marriages.
The Failure of the Current System
Dr hab. Joanna Dominowska, a family law specialist and professor at the Warsaw School of Economics, argues that the presidential veto against simplified divorce procedures only prolongs the “agony of dead marriages.” She emphasizes that the state cannot save marriages by forcing citizens to wait up to ten months for a court date.
In Warsaw, the wait for a first divorce hearing can reach one year. Dominowska notes that this period is not used for therapy or reflection, but rather increases frustration as couples continue to live separately while remaining legally bound.
Legal Complications of Delayed Divorces
Prolonged proceedings generate additional legal crises. If a woman conceives with a new partner while still formally married, the legal presumption of paternity applies to the husband, necessitating further court action to deny paternity.
Financial issues also compound the problem. Spouses living apart often remain under community property rules, leading to additional lawsuits regarding the separation of assets when agreements cannot be reached. This transforms a single divorce into three separate legal battles.
Changing Social Attitudes Toward Marriage
The expert observes a shift in Polish society, with divorce rates rising as women become more financially independent. This economic autonomy allows unhappy women to leave marriages without the fear that previously blocked their decisions.
There is also a growing social acceptance of cohabitation without marriage. Dominowska suggests that as people become more aware of their needs and spend more time getting to know partners before marrying, the number of divorces may eventually stabilize.
Common Causes of Marital Breakdown
While “incompatibility of characters” is the most cited reason for divorce, it often masks deeper conflicts over child-rearing, worldviews, and attitudes toward work. Worldview conflicts are increasingly apparent in disputes over whether a mother should return to work after childbirth.
Other significant factors include alcoholism—even among high-earning professionals—and the later discovery of sexual orientation. Additionally, international divorces are increasing, with many Poles choosing to divorce in Poland for lower costs and language convenience.
Child Custody and Parental Alienation
Dominowska calls for the law to clearly define a preferred model of childcare after separation, challenging the bias that children “naturally belong to the mother.” She highlights the plight of dedicated fathers who must fight in court for basic access to their children.
The current system fails to keep pace with parental alienation. Because court proceedings take months, children can lose their bond with a father entirely before a penalty for blocking contact is even imposed. She also notes that maternal grandmothers often play an active role in these conflicts.
