We are often asked the question - how do I get divorced in Scotland? In order to obtain a divorce you must raise an action in a Court which has jurisdiction. Jurisdiction normally means that you raise the action in the Court nearest to you. Before contemplating where to raise an action you must determine whether you can raise a divorce action or not. In order to raise a divorce action, you must have the legal ground to do so. In Scotland there is one
According to Scottish Government divorce statistics in 2012, a total of 13,679 family cases were initiated in the civil courts during 2011/12, a decrease of 6% on 2010/11. Divorce actions accounted for 78% of the total figure, with actions concerning parental rights and responsibilities accounting for 17%.
A total number of divorces granted during 2011/12 was 9,453, a decrease of 2% compared to the previous year.
What was the most common procedure?
Of those 9,453 divorces granted, 62% used the Simplified Procedure ("quickie divorce") and
Do you need separation or divorce legal advice?
The recession has meant that many couples who are going through a separation or divorce cannot afford for one of them to move out of their matrimonial home. This situation is far from ideal and can cause conflict and tension within the household.
A question routinely asked by clients is "can they ask their spouse to move out of the matrimonial home?" The answer is yes but the spouse has to agree. This is because married couples
Is there a difference in offering divorce advice for women? There are a number of publications offering advice for men going through divorce, and just as many tailored specifically for women.? But in Scotland does the client?s gender really affect the advice tendered by a lawyer?
Divorce can be difficult and emotional and without good legal advice, mistakes can be made that are not easily rectified.? Typically solicitors provide divorce advice for men and women, following a marital breakdown on two main issues;