Unilateral Divorce Inquiry
The individual is seeking a divorce but is facing opposition from their spouse, who does not wish to proceed with the separation. Located in a city in Scotland, the legal options available may be influenced by this opposition. Gathering further details will help in providing accurate information and tailored assistance to the individual. The individual has expressed a clear desire to continue with the divorce process despite their spouse's reluctance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the grounds for divorce in Scotland, and how do they apply to my situation?
In Scotland, the grounds for divorce include the irretrievable breakdown of the marriage, which can be established through various means such as adultery, unreasonable behaviour, one year of separation with consent, or two years of separation without consent. If your spouse does not consent, you may need to demonstrate unreasonable behaviour or wait for two years of separation. Understanding these grounds can help frame your case effectively.
How can I proceed with a divorce if my spouse does not consent to it?
You can pursue a divorce in Scotland without your spouse's consent by applying based on unreasonable behaviour or living apart for at least two years. Specific examples of unreasonable behaviour must be provided to support your claim. If you have lived apart for two years, you can move forward, but if consent is still not granted, a five-year separation is required for a divorce without consent.
What is the process for obtaining a divorce in Scotland, and how long does it typically take?
The divorce process in Scotland typically involves filing for either a simplified or ordinary divorce. A simplified procedure is quicker and suitable for couples without children under 16 and no financial disputes, generally taking 2 to 3 months. An ordinary divorce, applicable if there are children under 16 or unresolved financial matters, may take longer, potentially up to a year.
What financial considerations should I be aware of during the divorce process, such as division of assets and spousal maintenance?
During the divorce process, financial considerations include the division of matrimonial property, which consists of assets acquired during the marriage. This property is typically divided fairly. Spousal maintenance may be awarded based on needs post-divorce and the length of the marriage.
How will the divorce impact any children we have, and what are the considerations for child custody and support?
When assessing the impact of divorce on children, the court prioritizes their welfare. Child custody arrangements define where the children will live and contact schedules, encouraging amicable agreements between parents. If no agreement is reached, the court will make decisions based on the children's best interests. Child support calculations ensure that children's financial needs are met proportionate to both parents' incomes.
