Divorce is a legal process that formally ends a marriage. It is a difficult and emotional process that can be made more manageable by understanding the steps involved and working with a reliable solicitor. This guide will provide an overview of getting divorced in Scotland, including why people get divorced, the different types of divorces, an overview of the divorce process, and the importance of working with a solicitor.
Why do people get divorced?
There are many reasons why people get divorced, including:
Infidelity
Infidelity is one of the most common reasons why people get divorced. When one partner cheats on the other, it can lead to a breakdown of trust and communication.
Communication problems
When couples are unable to communicate effectively, it can lead to misunderstandings, hurt feelings, and a breakdown of the relationship.
Financial issues
Financial problems can cause a lot of stress and tension in a relationship. If one partner is unable to manage money or is irresponsible with finances, it can lead to arguments and resentment.
Domestic abuse
Domestic abuse can take many forms, including physical, emotional, and sexual abuse. If a partner is abusive, it can be dangerous and harmful to stay in the relationship.
Growing apart
Sometimes couples simply grow apart over time. As people change and evolve, their priorities and interests may shift, leading to a breakdown in the relationship.
What are the different types of divorces available in Scotland?
There are two ways to get a divorce in Scotland:
● DIY divorce - also called the simplified procedure
● the ordinary procedure - this is either defended or undefended.
Simplified/do it yourself procedure
You can only use the simplified procedure if you can say yes to all of these statements:
● I am applying for divorce/dissolution because of the irretrievable breakdown of my marriage/partnership based on one year separation with consent or two years separation without consent, or because of the issue of an interim gender recognition certificate;
● There are no children of the marriage/partnership under the age of 16;
● There are no financial matters to sort out;
● I am not and there is no sign that my spouse or civil partner is not able to manage his or her affairs because of mental illness, personality disorder or learning disability;
● There are no other court proceedings under way which might result in the end of my marriage / civil partnership.
● If you have said no to any of these questions, then you cannot use the simplified procedure
Ordinary/non simplified procedure
Where you have not been able to meet the criteria for the simplified procedure, you will need to use the ordinary procedure. This is a more complicated procedure and therefore it is recommended that you take some legal advice.
What does the typical divorce process look like?
The divorce process in Scotland involves several steps:
Filing a divorce petition
The first step in the divorce process is to file a divorce petition with the court. This petition outlines the grounds for divorce and the terms of the divorce, such as child custody and financial arrangements.
Serving the divorce petition
Once the divorce petition has been filed, it must be served to the other party. This can be done by post or in person, and the other party has 21 days to respond.
Negotiating a settlement
If both parties agree to the divorce and to the terms of the divorce, they can negotiate a settlement outside of court. This can be done with the help of a solicitor or mediator.
Going to court
If both parties are unable to come to an agreement, the case may go to court. A judge will make a decision on the terms of the divorce, including child custody and financial arrangements.
Finalising the divorce
Once the terms of the divorce have been agreed upon or decided by a judge, the divorce can be finalised. This involves obtaining a decree nisi and a decree absolute from the court.
The Importance of child custody arrangements
Child custody arrangements are an important part of the divorce process, especially if there are children involved. In Scotland, the law prioritises the best interests of the child when making custody decisions.
There are several types of custody arrangements, including:
Sole Custody
Sole custody means that one parent has full custody of the child and makes all decisions about their upbringing.
Joint Custody
Joint custody means that both parents share custody of the child and make decisions about their upbringing together.
Shared Custody
Shared custody means that both parents have equal custody of the child and share decision-making responsibilities.
It is important to work with a solicitor to create a custody arrangement that is in the best interests of the child and takes into account their needs and preferences.
What are the benefits of working with a solicitor when going through a divorce?
Working with a solicitor is an important part of the divorce process. A solicitor can provide legal advice and guidance throughout the process, helping you to understand your rights and obligations. They can also help you negotiate a settlement and represent you in court if necessary. Here’s what you can count on when working with a solicitor throughout the divorce process:
Legal expertise and guidance
Divorce law in Scotland is complex, and it can be difficult to understand the legal process without the help of a solicitor. A solicitor can provide legal expertise and guidance throughout the divorce process, helping you to understand your rights and obligations.
Your solicitor can explain the grounds for divorce, the different types of divorces, child custody and financial arrangements, and the divorce process. They can also help you negotiate a settlement and represent you in court if necessary.
Emotional support
Divorce can be an emotional and stressful experience, and it's important to have someone to turn to for support. Your solicitor can provide emotional support throughout the divorce process, helping you to manage your emotions and cope with the stress.
They can also provide a listening ear and help you to explore your options. Your solicitor can offer advice on how to communicate with your ex-partner and how to manage any conflicts that arise during the divorce process.
Objective advice
During a divorce, it can be difficult to make decisions that are in your best interests. Emotions can cloud your judgement, and it can be hard to see the big picture. Your solicitor can provide objective advice, helping you to make informed decisions that are in your best interests.
They can help you to negotiate a settlement that is fair and equitable, and they can advise you on the consequences of any decisions that you make. Your solicitor can also help you to understand the long-term implications of any financial or custody arrangements.
Efficient and effective process
Working with a solicitor can help to make the divorce process more efficient and effective. Your solicitor can help you to navigate the legal process, ensuring that all the necessary paperwork is completed correctly and on time.
They can also help you to negotiate a settlement outside of court, which can save time and money. If your case does go to court, your solicitor can represent you and help to ensure that the process is as efficient and effective as possible.
Protection of your rights
During a divorce, it's important to protect your rights and interests. Your solicitor can help to ensure that your rights are protected throughout the divorce process.
They can help you to negotiate the best settlement for you and they can also ensure that any custody arrangements are in the best interests of the child. Your solicitor can also help to ensure that any financial arrangements are in your best interests and that you are not taken advantage of during the divorce process.
When choosing a solicitor, it is important to find someone who is experienced in family law and has a good reputation. You should also feel comfortable working with them and be able to communicate openly and honestly.
Speak to experienced divorce lawyers in Aberdeen
Separation and divorce are hard enough issues to deal with, before even thinking about getting the right legal support for your case. But to help your separation agreement go smoothly and deal with the settlement quickly, work with a divorce lawyer from DJP Solicitors.
Acting as your legal representative, we can help with anything from a divorce settlement to child residence or contact disputes. We have a great understanding of the field, so know the best ways to approach all kinds of disputes and settle them out of court if possible.
We aim to help minimise the stress that goes along with the end of marriages and make it as easy as possible to move on to the next stage of your life. We can help negotiate financial settlements and child custody, with our priority to make you as happy as possible with the outcome.
So if you’re looking for “divorce lawyers near me”, get in touch today for a divorce lawyer from DJP Solicitors.
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