When a relationship breaks down it can be very painful. There are many issues to be faced - arrangements for children, sorting out the finances and deciding who will live where. At andersonbain & co we can offer advice and guidance at this confusing and difficult time.
How can I get a divorce?
You can apply to your local Sheriff Court for a divorce, provided that you can show that the marriage has broken down irretrievably. To show this you must prove one of the following:-
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You have lived apart for a least two years and your spouse consents to the divorce.
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You have lived apart for more than five years.
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Your spouse has committed adultery.
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Your spouse's behaviour is so unreasonable that you cannot be expected to live with them.
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You were deserted by your spouse more than two years ago.
What about the children?
The paramount consideration in any divorce is the interests of your children. Parents often find it very difficult to agree the best arrangements. If an agreement is not reached the Court will decide. Trained mediators can often help couples decide what is best for the children.
Am I entitled to maintenance?
The Child Support Agency will become involved if you or your partner cannot agree maintenance to be paid for your children. In certain cases maintenance can be paid between spouses - in such cases application will require to be made to Court if agreement cannot be reached.
How long will it take?
This can vary. There may be very complex matters to resolve. Much will depend on whether the financial issues and the arrangements for the care and upbringing of the children can be agreed.
Is it expensive?
It can be, however you may qualify for Legal Aid. This will depend on your financial circumstances and the merits of your case.
What about unmarried couples?
Many of the same issues can apply - contact andersonbain & co for advice