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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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I HAVE BEEN SEPARATED FROM MY "WIFE" FOR 8 YEARS. WE BOTH SI

Resolved Question:

I HAVE BEEN SEPARATED FROM MY "WIFE" FOR 8 YEARS. WE BOTH SIGNED MINUTES OF AGREEMENT AND ALL FINANCIAL ISSUES HAVE BEEN RESOLVED FOR 8 YEARS. I HAVE TWO SONS (21 YEARS AND 18 YEARS OLD) WHO I HAVE A GOOD RELATIONSHIP AND SEE REGULARLY AND CONTRIBUTE FINANCIALLY TOWARDS. I HAVE NO CONTACT WITH MY "WIFE" AND THERE ARE NO GRIEVANCES. WE HAVE BOTH "MOVED ON" BUT HAVE NOT FORMALLY DIVORCED (OR DO WE NEED TO ?).
COULD YOU PLEASE CONFIRM MY "MARITAL STATUS" AND ALSO WHAT IS THE PROCESS TO FORMALLY DIVORCE IF THIS IS REQUIRED.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your marital status is married but separated. You don't have to divorce but if you want to you can use the simplified procedure divorce procedure in the sheriff court.

You can do it yourself and it takes about eight weeks. You fill in the form and get it notarised and lodge it in court with your marriage certificate and the current court fee and the court does the rest.

Here is the link to the Scottish Courts Service site:

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

I hope this helps. Please leave a positive response so that I am credited for my time.
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