Legal Advice for First-Time Divorcees: What to Expect

Going through a divorce for the first time can feel overwhelming. From the emotional toll to the legal complexities, it’s easy to feel lost in the process. At DJP Solicitors, we understand how daunting this can be, which is why we’re here to offer straight-talking legal advice and support when you need it most.

As trusted family lawyers and divorce solicitors based in Aberdeen, we’ve helped countless clients through their first divorce. Whether you’re still weighing up your options or ready to begin the legal process, this guide is here to answer your most pressing questions and help you move forward with confidence.

Why Early Legal Advice Matters

One of the most common regrets people have during divorce proceedings? Not getting legal advice sooner.

The earlier you speak to a solicitor, the better. Early legal advice can help you:

●      Understand your rights and responsibilities

●      Protect your financial interests

●      Avoid common pitfalls and costly mistakes

●      Reduce stress by giving you a clear plan of action

At DJP Solicitors, we offer compassionate and practical legal services right from the start. An initial consultation with one of our experienced family lawyers can make a huge difference, even if you haven’t yet formally started the divorce process.

Understanding the Basics: Grounds for Divorce in Scotland

To apply for divorce in Scotland, you must demonstrate that your marriage has irretrievably broken down. There are four legal grounds for this:

●      Unreasonable behaviour

●      Adultery

●      One year’s separation with consent

●      Two years’ separation without consent

If children under 16 are involved, the process becomes more complex, so it’s important to speak with divorce solicitors who can guide you through the additional legal requirements.

What Does a Divorce Solicitor Do?

A divorce solicitor’s role goes far beyond filling out paperwork. At DJP Solicitors, we act as your advocate, adviser and negotiator.

Here’s how we can help:

●      Legal Advice: We explain your legal position in clear terms, not confusing jargon.

●      Paperwork & Filings: We handle the legal documents, including divorce applications and financial agreements.

●      Negotiation & Mediation: We help you negotiate fair outcomes, especially around finances and child arrangements.

●      Court Representation: If your case does go to court, we’ll be by your side to represent you effectively.

Having an experienced solicitor ensures your best interests are protected throughout the process.

Common Pitfalls First-Time Divorcees Should Avoid

Divorce can be emotional, and emotions often cloud judgement. Here are some of the most common mistakes we see and how to avoid them:

1. Rushing the Process

Many people just want it over with. But rushing can lead to poor financial settlements or unfavourable child arrangements. Take the time to understand your options fully.

2. DIY Divorce Without Legal Advice

Online templates may look easy, but divorce is rarely straightforward  - especially when property, pensions or children are involved. A solicitor ensures you don’t unknowingly give up important rights.

3. Failing to Consider Future Needs

Think beyond the here and now. You’ll need to consider future living costs, retirement plans and the ongoing care of your children.

4. Letting Emotions Drive Decisions

It’s natural to feel hurt or angry, but don’t let those emotions lead to decisions you’ll regret. We’re here to be your calm, objective support when things feel overwhelming.

What About the House and Finances?

One of the biggest concerns we hear from first-time divorcees is: What happens to our home, savings or debts?

In Scotland, assets are divided according to what’s fair, not always 50/50. The focus is on matrimonial property, or things acquired during the marriage, including:

●      The family home

●      Pensions

●      Joint savings

●      Vehicles

●      Business assets (in some cases)

We’ll help you build a full financial picture and work towards a fair settlement - whether through negotiation, mediation or, if necessary, the courts.

If you have a prenup, we’ll also review that and assess its impact on your case.

What About the Children?

Divorce is hard enough, but when children are involved, it adds another layer of complexity. As a parent, your biggest concern is likely: How do we make sure our kids are OK?

In Scotland, both parents continue to have parental responsibilities and rights unless a court says otherwise. The aim is always to reach an agreement that supports your child’s best interests. This might include:

●      Residence: Where the child will live

●      Contact: How and when the other parent sees them

●      Child maintenance: Financial support for the child’s needs

At DJP Solicitors, our family lawyers help you put the right arrangements in place - with as little conflict as possible. We encourage a collaborative approach but are fully prepared to take legal action if necessary.

How Long Does a Divorce Take?

There’s no one-size-fits-all answer. If both parties agree and there are no children under 16, a simplified divorce can take around 8 to 12 weeks. More complex cases involving finances or disputes can take several months - or longer.

Rest assured, our team will keep you updated throughout and work to make the process as smooth and efficient as possible.

How Much Does Divorce Cost?

The cost of divorce varies depending on the complexity of your case and whether court hearings are required. At DJP Solicitors, we’re transparent about our fees from the outset.

We offer:

●      Fixed-fee packages for straightforward divorces

●      Tailored legal services for more complex cases

●      Clear, upfront estimates - no hidden charges

We believe quality legal advice should be accessible, so we’ll always work with you to find a solution that fits your budget.

Do I Have to Go to Court?

Not necessarily. Many divorces in Scotland are resolved without a court appearance, especially when both parties agree on the terms. Your solicitor will aim to resolve matters through negotiation or mediation first.

However, if disputes arise - such as over child residence or financial arrangements - a court order may be required. In those cases, we’ll represent you every step of the way and fight for the best possible outcome.

Why Choose DJP Solicitors?

We’re not just your legal representatives, we’re your trusted partners during one of life’s most challenging times. At DJP Solicitors, we offer:

●      Decades of experience in family law and divorce

●      A friendly, approachable team that speaks in plain English

●      Local expertise - serving clients across Aberdeen and the surrounding areas

●      A commitment to helping you move forward with clarity and confidence

We pride ourselves on providing practical legal services without the legalese. We’re here to make a difficult process easier and to get the best result for you and your family.

Take the First Step

Divorce may feel like the end of something, but it’s also the start of a new chapter. With the right legal advice and support, you can protect what matters most and come out the other side stronger.

If you’re considering divorce or have just begun the process, don’t go it alone. Speak to a local law firm you can trust, like our experienced team at DJP Solicitors. Whether you need straightforward guidance or full legal representation, our divorce solicitors and family lawyers in Aberdeen are here to help. Get in touch today to book a consultation.