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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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I live in Scotland now and for the last four years have been

Customer Question

I live in Scotland now and for the last four years have been trying to get a divorce but he would not sign it what can I do ?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

What are the grounds of divorce and what are you asking him to sign?

What court has the divorce been raised in?
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

The grounds for divorce are that we've been separated and have not seen each other for 8 years. He is being asked to sign the consent to a simple divorce forms.

It has been raised in Hamilton sheriff court in South Lanarkshire, Scotland.

 

Expert:  JGM replied 4 years ago.
In that case you don't need his consent. The divorce can proceed on the basis of two year's separation or more and consent isn't needed.

You need to complete a Form SPB which you can get here, and take it to the court with your marriage certificate and the court fee. The court will serve it on him and if there is no response the divorce can be granted.

Here is the form:

http://www.scotcourts.gov.uk/docs/default-source/scf---sc---simplified-divorce-and-simplified-dissolution-of-civil-partnership/form-spb---simplified-divorce-2-year-separation.doc?sfvrsn=4
Customer: replied 4 years ago.
thanks for that, will that till be the case even though he is living in England?
Expert:  JGM replied 4 years ago.
Yes, the fact that you live in Scotland allows you to raise the action in Scotland.