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time before I can apply for divorce

  • plum1217
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12 Oct 09 #153910 by plum1217
Topic started by plum1217
Hi I'm confused. Before joining Wiki, I looked at some online legal sites, and was of the opinion that I could apply for divorce after being separated for one year as long as there were no welfare issues regarding my 13 year old daughter. Now I'm not so sure. Can anyone clarify whether it is one year or two years where a child is involved. I have full custody of my daughter. Thanks

  • Fiona
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12 Oct 09 #153915 by Fiona
Reply from Fiona
In Scotland when there is a child under 16 involved you can apply for divorce after one year with the consent of the other party under the ordinary procedure. Without consent you will need to wait two years. Applications under the ordinary procedure are by writ and most people find they need to use a solicitor.

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