Separation/ Divorce in Scotland

[pinkingshears]

I have been living sep from exH for 12m.
No formal docs drawn up yet.

How long living sep before we can divorce / he could divorce me?

Do you have to give reasons? Do you both have to agree?

It's really simple if you don't have children, you don't even need a solicitor, you can just fill the form in yourself.

If you both consent to the divorce then you have to be separated for 12 months. Not sure if this means actually living apart, we were in my case anyway. One of you needs to be the person 'proposing' the divorce (there is a proper word for this but I can't remember it just now) and the other just agrees to it. Doesn't matter who does what and you don't need to give a reason as such, the court accepts you being separated for 12 months as a reason.

If, however, one of you doesn't consent then you have to wait two years and you can just divorce them anyway.

With kids it's more complicated,

It's very straightforward and only a couple of hundred pounds back when I did it about 5 years ago. You could get the forms online. It didn't take long, we did the forms at the end of September and we're divorced in the November.

Oh, thank you.

But there are two kids - aged 13 and 10.

Ah in that case you won't be able to do it yourself and you will need a solicitor. The system is really simple in Scotland if there are no kids but unfortunately that isn't your situation.

thanks, mistermagpie

I cant get a Solicitor to see me. There doesn't seem to be legal aid unless you are a DV victim. Is there anywhere online I could get more advice about this pls?

Try Citizens Advice - www.citizensadvice.org.uk/scotland/family/relationship-problems-s/getting-divorced-s/