Matrimonial

I Am Separating or Looking for a Divorce. What Should I Do?

The end of a marriage or civil partnership can be a very stressful and emotional time.  A solicitor can help the burden and provide you with the right guidance. Receiving accurate advice is essential to ensure you receive what you are entitled to, prevent future claims from your spouse, and obtain your divorce without incurring significant legal expenses.

What is the Procedure for a Divorce?

There are two court processes available for obtaining a divorce in Scotland a Simplified Procedure and  Ordinary Divorce Action

  • If you do not have children under 16 years old and no financial matters to resolve, you can use the Simplified Divorce Procedure. This is typically a straightforward process suitable for uncontested divorces where both parties agree on all terms.
  • If you have children under 16 or if there are financial matters to be resolved, you will need to use the Ordinary Divorce Action. This process can be complex and it is highly recommended to seek legal advice.

For cases involving children and financial issues, obtaining a Separation Agreement can help reduce the time spent in court and minimize legal costs. Without such an agreement, court proceedings can quickly become expensive.

Close up lawyer businessman working or reading lawbook in office workplace for consultant lawyer concept.Lawyer working at table in office, focus on scales of justice
Close up lawyer businessman working or reading lawbook in office workplace for consultant lawyer concept.Lawyer working at table in office, focus on scales of justice

Grounds for Divorce

There is now a single ground for divorce: “The marriage has broken down irretrievably.” This can be demonstrated by one of the following:

  1. Adultery
  2. Unreasonable behavior
  3. Non-cohabitation for one year with the consent of the other party
  4. Non-cohabitation for two years

Is this my fault?

 A solicitor understands the difficulties you are facing and are there to help you navigate the legal process during this challenging time in your life.

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