My husband and I tick all the boxes needed to go ahead with a DIY divorce. I have downloaded all the necessary forms and thought all was good until I got to the part about being separated for one year.
We have a 20 year old daughter who, when we decided to go ahead with the divorce, was in her final year at college. So as not to give her the added stress of choosing which of us to live with and all the upheaval involved, we decided to stick it out here in the same house albeit living separate lives. It has worked out fairly well.
However although we have been living this way for 13 months I now note that we need to wait a further year before we can officially divorce.
Here is my question.....can I simply put on the form that my husband has been living apart from me, at his mothers address, for the past 13 months? He is totally agreeable to this. We both just want things over ASAP. I just wondered how much checking would actually be done.
You sign an affidavit, a sworn statement. The Court does not check or police the lives of the parties, it has neither the inclination nor the time to be interested in any part of your private lives that you chose not to bring to its attention.
If you have lived separate lives in the FMH that is fine you don't need to fabricate a story. The danger of not telling the truth is in the unlikely event things should turn nasty the divorce could actually be overturned. There was such a case not that long ago in Dumfries and Galloway, I think, when that happened.
Thank you Fiona. The only reason I asked the question is that after reading through the form I actually telephoned the Extracts Dept at Parliament House in Edinburgh. The girl I spoke to there was adamant that we have to have stayed at separate addresses for the said year. The form does require two addresses to be entered.
My divorce is fairly amicable tho' and I am sure all will be fine. Thank you again.