The breakdown of a marriage is a difficult time for all concerned, particularly in the early stages. There can be all sorts of questions about the separation and divorce process, uncertainties about care arrangements for children and financial matters, and difficulty coming to agreement on key issues for many separating couples.
How do I get a divorce?
A divorce is the ending of the legal contract of marriage and you can only get a divorce by applying to the court, usually the Sheriff Court, to grant a decree of divorce. A civil partnership is legally ended by dissolution rather than divorce, although the process is similar.
If you and your spouse can agree on all issues arising from the separation before applying for divorce, the application for divorce is then undefended. This means that neither party has to go to court to give evidence for the divorce, and makes the whole process much more straightforward. You will usually need a Solicitor to draft and submit the application for you.
If, however, you cannot agree, you may have to raise a court action for the court to resolve the issues as part of the divorce proceedings. This can be a costly process with Solicitor representation on both sides.