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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11426
Experience:  30 years as a practising solicitor.
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My husband and I are in the process of a divorce in Scotland.

Customer Question

My husband and I are in the process of a divorce in Scotland. He did not contest the initial writ within the 21 days period. Therefore the minute of decree has gone to the Sheriff to make a decision. My husband has now belatedly told me he wants me to stop the divorce - but says he will not contest. Is stopping the process even possible in practical terms, if I decided I wanted to?
This is a Scottish case.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Yes he can stop the process. The Scottish system has to deal with
Children
Financial
So it may be that the court will not make a decision as your husband has delayed for such a period.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Hello,

Thank you for your answer.

My understanding was that he had to respond within the 21 days. He did not. He now wants ME to stop the divorce, not him. The papers have already been submitted to the Sheriff and I am awaiting a decision.

Can you clarify?

Thank you

Expert:  JGM replied 2 years ago.
If he hasn't entered the action only you can stop the case by withdrawing the minute for decree. It's up to you whether you want to do that or not.