How soon can I get divorced? (Scotland)

[KirstyWirsty]

We separated on New Years Eve on discovery of STBXH's affair

In the process of selling the marital home and valuation of pensions and bank account is with the solicitors

Irreconcilable differences (due to his affair) will be my reason for the divorce

Once the financial settlement is agreed can I file for divorce right away or do I have to wait for a year?? Just want to get it all over and done with as soon as possible ...

Ok, from my own very recent experience:

You can file for divorce asap on the grounds of his affair without having to wait the full year - although if he denies it you may need proof. However, the advice I was given is that a)applying for the divorce sooner doesn't necessarily speed up the overall process, b)applying for a divorce on those grounds will most likely drag both of you through a nasty (or nastier) process than you're already going through, c)unless you're desperate to remarry getting the actual divorce is secondary - getting your 'minute of separation', which will detail all the financial stuff, childcare arrangements etc pretty much takes care of all the important legal stuff.

There's some good information here FamilyLawAssociation. Most lawyers will also give you an initial consultation for free to answer these kinds of questions.

Thanks Yoga The Separation is in progress with valuations being done at present

Good luck with that - I've just signed mine and relieved its all over. It was not a fun process. Not really concerned about the actual divorce - will apply for that when the year is up (on the same grounds as you!). Bloody men.

I'm hoping it will go ok.. he is now 'very remorseful' and wants to make things as easy as possible .. how long that will last though??? Who knows!

I'm with you on the bloody men sentiment

In Scotland there is only one ground for divorce, the irretrievable breakdown of marriage proven by one of four facts - one years separation with consent of the other spouse, two years separation without consent, adultery or unreasonable behaviour.

Divorces are granted for adultery and behaviour in only about 6% or 7 % of cases because there is a strong burden of proof required. Without a confession it's very difficult to divorce using adultery. As others have said it is often quicker and less hassle to divorce after one year with consent.

When the finances have been resolved and there are no children under 16 you can divorce yourself using the simplified procedure. The form is available to download from the Scottish Courts website and there is a fee of £95. If you use adultery you would need to use the ordinary procedure. That involves drafting a writ and most people would need to pay a solicitor.

I had proof! But still decided not to go down that route in the end. I'll just wait out the year, it's not as if the miserable bastard is still living here. They are very remorseful after the fact, aren't they?

I have the card he had written to his girlfriend proclaiming their great love and the intimate times spent together think that would count as proof.. and I have DD 7 so no simplified procedure for me.. But not in any great rush .. just want it out of the way

I have a file he saved to his computer with 300 pages worth of text messages between him and his girlfriend! Not only are they bastards - they're stupid bastards.

My dh and his ex divorced 6 weeks after separating? They split in nov, decree nici was jan and absolute was early feb? They both agreed and there was no affair or kids or anything they just didnt get on.

Is this year thing a new law?

Scotland has a different legal system. The divorce would be in England or Wales if there was a nisi decree and they probably divorced using UB because the burden of proof isn't as great as here in Scotland.