Can I get divorced if...

[unbelievablescenes]

My ex is under investigation for crimes relating to my children. He served divorce papers to me and these can go to court this week for final approval and issue of decree. I've had a letter today to say because the sheriff will want to know the welfare of the children will be accounted for he wants to wait until this is resolved. That could be years! Am I right to assume an affidavit to say I'll have residence of the children until this is resolved will satisfy the sheriff? I guess this is just more control. Really want to be as free of him as possible 😫

Which country are you in? Also who wants to wait, the Sheriff or your H? Your post is ambiguous.

Sorry I'm in Scotland and it's my ex that has asked that we wait until the accusations made against him by my daughter are resolved. The report is currently with the PF to decide whether to press ahead or not, I can't see why they won't as the evidence is overwhelming.

Do not put it on pause.

It's him that's stalling it, my question really is, will the sheriff be satisfied if the affidavit states that my girls will reside with me until the matter is resolved and grant the divorce?

I imagine it would look better for him if his wife is prepared to stick by his side.

Would custody of the children (residency etc) be settled in family court or during the divorce?

There was already a separation agreement, 50/50 for both children. The charges are relating to him giving both of them cannabis, at 15 and 12, therefore I'm obviously not willing to send the young one back. The eldest realised it was awful and reported him and wants no further contact. Children's reporter are assessing the situation as we speak. He's on bail until the end of the month with no contact but that's likely to be lifted. I'll need to see if the children's reporter act to put a barrier between them. I've got a court application prepared in case I need it for full residency of both girls. The youngest does want to see him though. It's a mess

What is your representative suggesting? You surely have guidance. You clearly need to move from 50:50. Not sure about Scotland but DCs views are sought in England and carry more weight as they get older. Could you get supervised contact? I would ask your advocate but, for me, I would press on but if conviction would give you a stronger case, then wait. If it’s not cut and dried, keep going .