Procedure and Rules for a Divorce in Scotland
The procedure involved in a divorce in Scotland is rather different from the divorce in England. The rules are established for the sake of both spouses and for their children, in case there are any.
Grounds for a divorce in Scotland
If you want to get a divorce in Scotland, you must know that there are five grounds on which you can base this action. Desertion, separation for two years with the consent of only one party, separation for one year with the consent of both parties, adultery, and unreasonable behaviour.
Desertion is when one spouse leaves the other spouse for a period of two years, for no apparent reason. Even if the two are living under the same roof, but separately, this ground applies.
If the two have been living separately for one year and they both want to be divorced, then one of them can file a petition.
In case of separation for two years or more, one party can file for a divorce petition without having the consent of the other party.
Unreasonable behaviour can be invoked if one spouse considers that the actions of the other spouse make it unbearable for the two to live together. Gambling, drinking, violence, financial difficulties and lack of emotional support are included in this category.
Adultery has quite a bizarre judicial definition, according to which it implies “physical contact with an unlawful sexual organ or an alien.” If you want to end your marriage based on this ground, then you should know that you must obtain proof of the adultery. Eliminating this category is under debate.
The process of getting a divorce in Scotland
One spouse can apply at the Sheriff Court for a simple divorce, if the grounds are separation for two years without consent of both partners, or for one year with consent, as long as there are no children under the age of sixteen and no financial issues between the two. In this case, there is a need for a solicitor only in order to notarise the form. The total costs of a divorce in this case are £ 90.
The Court of Session and Sheriff Court are the only places where a divorce can be raised, the latter being less expensive. In cases involving children and finances, the legal assistance of a solicitor is almost always needed. The ordinary divorce procedure costs £ 175.
Interim order can be issued in case of emergency, and it includes ailment for the spouse and child care. In cases of violence, exclusion and interdict orders can also be issued.
The Court does not handle child care currently, but the Child Support Agency does. However, the Court cannot grant a divorce until the child support and financial issues have been solved.
Divorce in Scotland: other orders
There are countless orders you can ask for when you file for a divorce. These orders involve two main issues: children and finances.
Getting a divorce in Scotland is not very difficult, but the law is quite complex, and an attorney will be able to help you with the process.