How do I proceed with a Divorce?

Whilst there were changes made to Scots Law in May 2006, it is still the case that the only ground on which you can get a divorce is if you can establish that the marriage has broken down irretrievably. You can prove irretrievable breakdown in one of four ways.

Unreasonable behaviour

If you can establish that your spouse's behaviour has been unreasonable to you then you can apply for a divorce immediately. You would have to provide evidence from someone other than just yourself, for example from family or friends. Unreasonable behaviour does not necessarily mean physical abuse.

Adultery

If you are able to prove adultery, then you can again apply for a divorce immediately. If however, you have known that your spouse has committed adultery and you continue to live with them for more than three months then you will be deemed to have condoned that adultery and cannot then divorce them on these grounds.

Separation with consent

If you have been living apart from your spouse for a year and they are prepared to consent to divorce proceedings, then you can now get a divorce

Separation Two Years

If you have been living apart from your spouse for two years, you can proceed with a divorce without requiring your Spouse's consent.

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