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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11739
Experience:  30 years as a practising solicitor.
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Hi There My name isXXXXX 73, I reside in Tain in

Resolved Question:

Hi There
My name isXXXXX 73, I reside in Tain in the Scottish Highlands, I am considering applying for a divorce, and would like an idea of the time scale and what problems I may have, My wife Nicola is a drug addict, due to her drug taking and mental abuse, I removed myself and Ryan from the home, as I was still in the local area of Glasgow, I was getting visits from Nicola looking for money for drugs, on advice from social work I decided to move from the area for the sake of Ryan, We separated in June 2010, I have been the sole Guardian for Ryan, in 2nd September 2011, I was granted a residence order, it has an interdict stating Nicola could not move Ryan from my care or outwith the sheriffdom of Grampian highland and islands. there was a problem getting the residence order as Nicolas whereabouts were unknown, the papers were eventually served on Nicolas Grandmother, and that was fine, the problem now is the grandmother has since passed away, and there is no one to serve papers on, at the time of looking for Nicola, the court officers and Police could not trace her, I assume it will still be the same ,so what would the procedure be, and time scale, does the fact I already have custody have any bearing. hope this makes sense, and it would be Scots law
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If the papers were already served on the grandmother and you have your court orders the fact that th eg rand other has passed away is neither here nor there. The order is against your wife, not the grandmother, so it remains valid.

You do not have to worry about this.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Hi


The question I was asking was not re the custody order which I thought I explained, the papers for the custody order were served on the grandmother, I presume papers for divorce would also have to be served


what I was saying the grandmother is no longer alive, so what happens to the divorce papers, as I said Nicolas whereabouts are not known, and the grandmother is dead

Expert:  JGM replied 3 years ago.
If there are no relatives the papers can be served by displaying on the walls of court. The court grants a whereabouts unknown warrant and service is deemed to be by the sheriff clerk. If anything this will make the process quicker as your wife won't know about the action and it will go through as undefended. If your child is under 16 you can't use the quickie procedure. You will have to see a solicitor to raise an action in the ordinary sheriff family court.

It could take as little as three months.
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