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Simplified Procedure in sheriff Court

  • Gordondavid
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28 Mar 11 #260072 by Gordondavid
Topic started by Gordondavid
My partner has submitted her divorce application to the Sheriff court. After many months her husband has been served with his notification. He lives abroad and Sheriff Officers eventually made service. The 21 days have now elapsed since service. What is the procedure now in the Sheriff Court?.
The divorce is based upon 2 years separation and no consent is required. No cash, children or home is involved. Where can I read about the procedure?

  • rubytuesday
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28 Mar 11 #260087 by rubytuesday
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Welcome to Wikivorce.

His consent isnt required for a divorce on the grounds of 2 years non-cohabitation. The application will proceed as usual.

Although there are no outstanding finances to be resolved, an affidavit must be submitted to the Court (in lieu of a Separation Agreement) to state that this is the case.

You can read more about the Simplified Procedure in our guide or by reading the Family Law (Scotland) Act 2006

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28 Mar 11 #260141 by Gordondavid
Reply from Gordondavid
Thanks for the reply. An affidavit have been lodged signed before the NP way back in October. There is no matrimonial home as it was a rented property where the other party still lives. What I'm trying to find out is what actually happens in the court when you state "will proceed as usual". What does the court do if the husband does not respond to the service?

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