Divorce Lawyers Aberdeen
Contact Family Law Aberdeen for expert divorce advice. Please complete our on-line enquiry form or call us on 01224 432762
Divorce and separation can be a very difficult and stressful time for a family. Family Law Aberdeen are a team of forward thinking family lawyers who offer clear and practical support and advice to help you find the best solution for you and your family.
Grounds for Divorce
The only ground for divorce in Scotland is that the marriage has broken down irretrievably, which can be established in several different ways:
- since the date of the marriage one of the parties has committed adultery; or
- since the date of the marriage one of the parties has at any time behaved in such a way that the other party cannot reasonably be expected to live with them; or
- the parties have not lived together as husband and wife for a continuous period of one year or more and the other party consents to the granting of divorce; or
- the parties have not lived together as husband and wife for a continuous period of two years or more
Applying for Divorce
In most cases parties will resolve the financial matters and matters regarding their children first before they apply to a court to be divorced. This means that the only thing the court is asked to do is grant the divorce and this can usually therefore proceed on an undefended basis. The court needs evidence of the ground of divorce and how this is established and where there are children under the age of 16 they need evidence as to their welfare arrangements. Where the case is undefended then this evidence is provided in the form of sworn statements (called affidavits) and so there is no need generally for you or any witnesses to actually go to court.
In some casess, it is not possible to reach an agreement with your former spouse about the finances and/or your children. Ifyou have tried an alternative way of resolving your dispute through mediation, collaborative law or arbitration, or it has not been possible to use one of these alternative options, then it may be necessary to ask the court to make financial orders or for orders relating to your children within the divorce action. In those circumstances the court process is likely to be defended by your spouse and the process will be more protracted than if the finances and child issues have already been resolved.
If you have no children under the age of sixteen, you have agreed all financial matters and have been separated for at least one year you may be able to use the simplified divorce procedure.
Contact Family Law Aberdeen
If you are separating from or divorcing your partner, contact our friendly team today for clear and confidential advice about how to move forwards. Please complete our on-line enquiry form today or call us on 01224 432762.