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· if your spouse has committed adultery; · if your spouse has behaved unreasonably towards you; · if you have lived apart for at least a year (provided your spouse is prepared to consent to a divorce); or · if you have lived apart for at least two years (consent of your spouse not required)
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Divorce |
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You can apply for a divorce in Scotland if you or your spouse has resided in Scotland during the last twelve months. The application can be made in the Court of Session (in Edinburgh) or at one the local Sheriff Courts. Most divorces are dealt with in the Sheriff Court. The Sheriff Court which is used will depend upon the address at which you or your spouse has resided for the last forty days. The nearest Sheriff Court to Bathgate is at Linlithgow.
The ground of divorce is always irretrievable breakdown of the marriage. This can be established: |
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Normally, you would not apply for a divorce until after you and your spouse have signed a Separation Agreement. However, if you are unable to reach an agreement either on the financial aspects of the separation or the care arrangements for the children, you can start divorce proceedings and ask the court to decide things for you.
For most types of ‘uncontested’ divorces, Bathgate Family Law Practice will be able to represent you on a fixed fee basis. For more information, contact Martin Burns. |