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Defender planning to not turn up

  • RZ11
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25 Jul 12 #345404 by RZ11
Topic started by RZ11
my boyfriend has been trying to get divorced for 2 years in Scotland and a date has been set for the proof next week. His wife has submitted defences for the case albeit weak however we''ve now heard that she''s not planning on going next week to the hearing as she''s too stressed. Basically it has to go to court because she won''t agree to anything and is now not even giving her solicitors instructions.

Are there any consequences for this? What actions can the sherrif take if she doesn''t turn up? Has anyone got any idea how long this can drag on for?

  • Fiona
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25 Jul 12 #345421 by Fiona
Reply from Fiona
Potentially the sheriff could make a decision in her absence but
usually it is deemed in the interest of justice to adjourn the hearing so there is every opportunity of her case being heard. The sheriff could order her to attend the next hearing and threaten prison if she doesn''t. On the other hand if it turns out she is mentally incapacitated someone would need to be appointed to represent her interests.

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26 Jul 12 #345602 by RZ11
Reply from RZ11
thanks for the reply, really helpful. How would it be decided that she is mentally incapacitated? She has some strange behaviour that might be consistent with mental illness (although could also be taken as symptoms of stress, anger, bitterness etc) but as far as we''re aware hasn''t spoken to anyone

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