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How soon can I file for divorce, Scotland

  • Fullsteamahead
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1 year 3 weeks ago #509483 by Fullsteamahead
How soon can I file for divorce, Scotland was created by Fullsteamahead
We separated a month ago. I’ve tried reading up online but keep seeing contradictory info, some say 2 years, some 1 year after [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url]. This is a mutual [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url], two kids currently both under 16.

Can anyone give me a definitive answer please?

TIA

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  • rubytuesday
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1 year 3 weeks ago #509484 by rubytuesday
Replied by rubytuesday on topic Re:How soon can I file for divorce, Scotland
You can begin proceedings once you have resolved the financial matters and arrangements for the children in a legally-binding [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] agreement. As fault based divorces (adultery and behaviour) carry a heavy burden of proof, most couples in Scotland divorce on either 1 year separation (with consent from the defender), or 2 years separation (no consent required). The separation period is usually spent sorting out the finances and child matters.

As you have children under the age of 16, you will have to use the ORdinary procedure for divorce, which requires a solicitor to draw up a Writ to be submitted to the Sheriff court. If finances and/or child matters can't be resolved, it's possible to include in the divorce Writ a request for the Sheriff to deal with the outstanding issues at the same time - although this will require a number of hearings (usually open to the public) before an Opinion can be reached.

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