When facing a divorce, many will understandably want the process to be completed as quickly and as painlessly as possible. But is there is anything that can be done to speed it up?
The answer depends entirely upon the situation. The majority of divorces must follow the ordinary procedure, meaning delays are inevitable. However, there are cases which can take the route of the simplified divorce procedure. This is considerably more straightforward, although it is only applicable in certain circumstances.
Simplified Divorce Procedure.
If both you and your spouse agree to divorce, or you have lived apart for two years, then the divorce will be deemed uncontested. In this situation, it will be possible to follow the simplified divorce procedure. This will make life much easier, as the process will cost you less, both in terms of time and money.
However, you may only use the simplified divorce procedure if:-
* You and your spouse have agreed upon how to split finances, property etc.;
* You and your spouse have no children under the age of 16, including adopted children;
* Either you or your spouse must have resided within Scotland for the year preceding the divorce, or consider it your primary place of residence;
* You and your spouse have been separated for one year and you both consent, or you have been separated for two years (in which case you do not need the other party's permission);
* Neither you nor your spouse is incapacitated by mental health issues.
How Does the Simplified Divorce Procedure Work?
If you fulfil the aforementioned criteria, you will be eligible to file for divorce using the simplified divorce procedure. In order to do so, you must take the following steps:-
* Fill out a divorce form (which can be obtained from the local Sherriff court). If ground for divorce is one year separation, you will need the signature of your spouse;
* Swear the facts on the form are true in front of a notary public and then ask them to sign the form;
* Return the form, marriage certificate and fee to your local Sherriff court.
The court will then send a copy of your application to your spouse. He/she has 21 days to object to the divorce. If there is no such objection, the court will consider the divorce. If successful, they will send you an Extract Decree of Divorce, and you will no longer be married. However, if there is an objection of any kind, the simplified divorce will immediately fall through. You will then have to use the ordinary divorce procedure.
Author Resource:-
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McKay Norwell are Edinburgh Lawyers serving individual and business clients across Scotland.
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