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Divorce and Family Lawyers Giffnock, Southside

  • The Law Society of Scotland
0141 620 0800 Existing Clients call: 0141 620 0800

The decision to get divorced is not an easy one to make. On top of financial considerations, property, assets, and who will take care of the children must be taken into consideration, not to mention the legal concerns. Claphams solicitors offer a professional and friendly service, providing you with a discrete and helpful advice in what we know can be a trying time. Our team are experts in dealing with all areas of family law, and we will deal with you every step of the way to remove as much stress as we can from the process. 

You will understandably have many questions about the divorce procedure, and we are here to answer these for you.

How long does it take to get divorced?

 The shortest time it can take for a divorce to go from start to finish is three months. This is because the procedure involves timescales which cannot be worked around that have been built into the legal process. While this can be frustrating for spouses who want the procedure to be completed as quickly as possible, there are justifiable reasons for these timescales being kept in place. This three-month timescale also is reliant on both parties’ full co-operation, so in cases where parties disagree, the timescale is more likely to be between four and six months.

What is a Simplified Divorce Procedure?

A Simplified Divorce Procedure, sometimes known as a ‘quickie’ divorce, is a faster and cheaper alternative to a regular divorce. Only certain cases qualify for a Simplified Divorce. There must be no children who are younger than 16, and there must be no financial issues for the court to resolve. It must also be a year since the Date of Separation, which is the date the marriage came to an end.

If these conditions do not apply to you, then you cannot have a Simplified Divorce Procedure.

What conditions can I apply for divorce under?

For the court to grant you a divorce, at least one of the following four conditions must apply to your marriage.

  1.  You must have been separated for over a year, and your spouse must consent to the divorce.
  2. You have been separated for over two years.
  3. Your spouse has displayed unreasonable behaviour.
  4. Your spouse has committed adultery,

What is adultery?

Although same-sex marriage was introduced at the end of 2014, the definition of adultery remains unchanged from the Old Testament, which means that the act of adultery can only be committed between a husband and a woman, or a wife and a man. This means that gay couples cannot apply for a divorce on the grounds of adultery, and that other forms of cheating in a relationship fall short of the conditions for adultery. Same-sex couples and those who have been cheated on in any capacity can apply for a divorce under the grounds of unreasonable behaviour.

What is unreasonable behaviour?

This covers a wide range of behaviours including drunkenness, dishonesty, gambling, protracted silences, attempts to control your movements or any form of infidelity. There are a number of reasons that people can apply for divorce on grounds of unreasonable behaviour under, as long as the behaviour has been found to be unreasonable.

Who decides what is unreasonable?

By law, behaviour is unreasonable if it is ‘up with which the spouse cannot reasonably be expected to put’, as they continue to live in the same house. The behaviour does not have to be deliberate or intentional, it can cover something like the side-effects of an illness or accident.

Can I apply on the grounds of being fed up?

Before applying for your divorce, you must have been separated from your spouse for at least a year. Being separated does not necessarily mean that you no longer live under the same roof, it means that you are no longer living together as a couple. This could include no longer washing clothes for each other, no looking making meals for each other, or no longer having a sex life. This means that a married couple can be separated and still live together. This case only works if both spouses agree they have been separated, as well as there being independent evidence available to support this.

Do I need to give evidence?

Giving evidence in a divorce case is different to what you might expect. As it is a civil case, you will not be expected to give evidence in a dock. Saying this, only a small number of cases will ever require that spouses give evidence under oath in a courtroom about the divorce. The reason for this is that most divorce cases tend to be unopposed, or if they have been called into court, it is for another issue.

What documentation do I need?

You will need a number of documents to be sent to court. Both the marriage certificate and the birth certificates of any children in the marriage that are younger than 16 will need to be provided. While the documents do not need to be original copies, they cannot be photocopies, so proper copies must be acquired from the Registrar’s office at the local council.

‘Out-of-court’ agreements

Divorce can be a complicated procedure, so it is important to try to reach an ‘out-of-court’ agreement with your spouse before you begin divorce procedures. This is important as it allows spouses to reduce the number of issues that are to be contended in court, which will not only make the experience less stressful, but it will help save time and money. Even if you can’t speak to your spouse directly, it is recommended you contact each other through your lawyers to make sure that the court proceedings run as smoothly as possible, which will be of benefit to both parties.

Contact our Divorce Lawyers Clarkston, Newton Mearns, Giffnock, Netherlee,Eaglesham, Carmunnock, Stewarton Southside Glasgow 

For divorce lawyers based in the Southside of Glasgow, contact Claphams Solicitors today by phoning us on 0141 530 4844, or make an online enquiry.

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