im sorry im not very mechanically minded and dont know how to use this machine very well.i wonder if you got the reply that i sent you.saying im in scotland hubby in engalnd living with someone else.does he have to come up here to start divorce proceedings.im frightened incase he comes to the house.thank you
The short answer is, no, he doesn't necessarily need to come to Scotland to start divorce proceedings..
If he fulfills the residency requirements in England either of you can apply to divorce in England and it might be in your interest to attend any court proceedings that might be heard there.
Here in Scotland the majority (88% in 2006) of divorces cite separation as the reason for the marriage breakdown and when there are no outstanding financial issues and no children it's possible to apply for divorce through the simplified procedure. This involves completing a formal sworn statement as to the reason the marriage broke down. There is no need for him to come to Scotland, the completed form, the marriage certificate and a fee is returned to the local sheriff court or Court of Session who issue the divorce decree.
When there are other reasons for divorce (unreasonable behaviour or adultery,) there are financial matters outstanding, and/or there are children under 16 involved the ordinary divorce procedure is used. If your husband is the 'pursuer' his solicitor will need to draft a summons or writ and when there is disagreement the divorce proceeds as a defended divorce and your husband will need to attend a Scottish court.