Divorce in Scotland differs from that in other countries because, here, the courts will refuse you a divorce until such time as you have made arrangements for the children and settled your financial differences.
As a result, Scottish “quickie” divorces, in the sense that the parties are actually divorced immediately after a separation are rare.
Where both parties are agreed on money and children, however, divorces can be fairly swift. If both parties want the divorce, this can happen one year after separation. Where only one party wants the divorce, this can be forced two years after separation. You must, however, have agreed about the money and the children, beforehand, otherwise this doesn’t work as the unwilling party can stall.
For those with no children under 16
Assuming there are no children or any children are over 16, then all that is required is some form filling. Use this link to find the Sheriff Court forms.
Once the form is filled out and signed, for a one year divorce this needs to be signed by your spouse, sworn before a Notary Public or Justice of the Peace and submitted to the court with the fee and your marriage certificate. Divorce follows, usually, within days or, at most, weeks.
Where it is a two year divorce, it is exactly the same except you miss out the step of having your spouse sign it.
More information can be found in the Scottish Sheriff Courts Guide.
For those with children under 16
You can still have a quick divorce (and an inexpensive one), even if there are children under 16, if you use my fixed price service. Divorces are averaging out at about 55 to 65 days (about two months) where both parties are keen and most of this time is actually just waiting for the court to pronounce judgement after we have lodged all the papers.
You will note that I say “if both parties are keen” because I have found that one of the motivations for using my service is that clients are fed up going to see lawyers and, rather than particularly wanting a swift divorce, they just want a quiet life. Although I am a lawyer, you do not need to come to see me and it can all be done online (apart from the final affidavit), as many of my clients have testified.
I mentioned that, where there are no children under 16, it’s a matter of form filling. Frankly, it’s the same for My Scottish Divorce except that the forms are a little more lengthy, as you provide me with information about the children, for instance, where they live, their education, their interests and suchlike. You will also need a witness. This usually turns out to be a friend or relative who comes to the house where the children live, regularly.
That leads me to a further point. To keep everything simple and make it swift, inexpensive and easy, I only take clients who have the children living with them. This, usually (but not always), means that my client is the mother. Further details for fathers here. Where the children are living roughly equally with both husband and wife, I normally like to give you a 10 minute free diagnostic interview beforehand. The objective of this is to see if I can help you.
Anyone who would like such a no-obligation free interview should complete this form and I shall contact you.
Otherwise just start here.