If you have lived there for more than 40 consecutive days, you will be able to divorce under Scots law. If there are no children under the age of 16, and you intend to use [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] as your \"ground\" for divorce, you can use the simplified procedure. You will also need to ensure that there are no outstanding financial matters to be resolved. If you truly don;t want any share of the equity of the fmh, and there are no other marital assets to share, and simply want a divorce, then usually an [url=Glossary/General/Affidavit.html ]affidavit[/url] stating that there are no outstanding financial matters to be concluded may be enough to satisfy the sheriff.
If 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.
You can begin proceedings once you have resolved the financial matters and arrangements for the children in a legally-binding separation 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.