do i have to use a solicitor?

hi

Im currently separating from my wife, following her affair with another woman.

I just want this whole mess over with as quickly as possible. Can i avoid using a solicitor for the divorce, Ive heard it can be done

I cant believe she did this - we have 2 beautiful little boys aged 3 and 6.

No you don't need a solicitor. You'll get plenty of advice on here.

However, you might want to use one later on if it gets too messy. Depends on how amicable you can be.

Hi Livid Guy

Welcome to wiki.

As you have children under the age of 16, you will need to use the Ordinary procedure, where the use of a solicitor is reccomended.

The "DIY" procedure you are thinking of is the simplified procedure, which you can not use as you have young children.

This link will take you to our detailed guide to the Ordinary Procedure

www.wikivorce.com/divorce/Scotland/DIY-D...Procedure-Guide.html

hope this helps

Ruby

Lady

Scottish divorce law is very different to that in England and Wales

I'm sorry that you find yourself here. It's actually a good idea to see a solicitor early on and find out where you stand and what your options are. Most (92%) people in Scotland divorce citing one year's separation with consent, or two years without consent. One reason is adultery isn't easily proven, you need at least one witness to the act who is not one of the married parties divorcing.

Also you need to bear in mind that you are divorcing your spouse, not the children, and using the separation grounds cause less aggro and does less damage to long term family relations. Bearing this in mind in some areas as well as family mediation and counselling Relationships Scotland offers groups, Surviving the Break Up, and a one off, parent education workshop. It won't necessarily take any longer divorcing after a year because the finances and arrangements for the children need to be resolved.

In Scotland, if no financial order is made on divorce or in a registered Separation Agreement, there can be no further financial claims on each other in the future once the divorce decree has been granted and the divorce appeal period has passed.