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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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I am wanting to divorce my husband from whom I have been

Resolved Question:

Hello I am wanting to divorce my husband from whom I have been separated for over ten years. We have no issue and have a separation agreement where no finances are contested. I got paperwork signed by him over a year ago but unfortunately didn't take to sherif court due to ill health. Will the papers still be valid or will I need to start again? We are not in contact. I am resident in Scotland and believe he is still too. Thanks
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
When court contact him is a response needed? Will it matter if address is old? As far as I know I don't even need consent as has been more than two years.
Expert:  JGM replied 1 year ago.
Was it a simplified procedure divorce form?
Customer: replied 1 year ago.
Yes I have it here is an spa. I probably only needed an spb
Customer: replied 1 year ago.
Dated February 2012
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Will a call cost more or am I better staying on here?
Customer: replied 1 year ago.
Is fine online thanks
Customer: replied 1 year ago.
Hello are you still online?
Expert:  JGM replied 1 year ago.
The court may refuse to accept the SPA as it is dated more than a year ago. I suggest you download an SPB, which doesn't need your husband's signature, and lodge that, completed by you, with the fee and your marriage certificate.
Customer: replied 1 year ago.
Hello I will revise the rating just panicked when asked to pay again. Sorry still not really clear- if I lodge an spb will they expect a reply from him? What if his address has changed? I have no way of co tasting him.
Customer: replied 1 year ago.
I know already can put in an spb but only really want to know if they need a reply from him. If he no longer resides at the address on the form they won't get a reply. Just want to know spb procedure after filed and they contact him. Your response would be much appreciated.
Expert:  JGM replied 1 year ago.
Whether it's an A or a B they still have to attempt to serve the papers on him. If the address has changed then they can serve on his nearest relative. I presume you will have to use the address you have in the meantime and see if that sticks. Here are the relevant rules, from 33.73 et seq.
Expert:  JGM replied 1 year ago.
http://www.scotcourts.gov.uk/docs/default-source/scr-ordinary-cause-rules---part-2/chapter-33---family-actions-(6).doc?sfvrsn=24#R33P73
Expert:  JGM replied 1 year ago.
They will send a copy of your application. If he doesn't respond the application will be made after 21 days of service.
Customer: replied 1 year ago.
I don't have a relative contact his mum and dad are dead and brother abroad.
Sorry not sure what you mean about if he doesn't respond the application etc. Do they just post out the form to him or does he physically have to take delivery? If I can't get an address can the divorce still go ahead? Sorry am very anxious as planning to get married in October.
Expert:  JGM replied 1 year ago.
They post the form to him. If it's returned by the post office and you don't have a relative's address then service by intimation on the walls of court will be sufficient. See the court rules Ingave you the link to and in particular: Citation where address not known33.77.​(1)​ In a simplified divorce application in which the facts in section 1(2)(e) of the Act of 1976 (no cohabitation for two years) or section 1(1)(b) of the Act of 1976 (grounds of divorce: interim gender recognition certificate) are relied on and the address of the other party to the marriage is not known and cannot reasonably be ascertained-(a) ​citation shall be executed by displaying a copy of the application and a notice in Form F36 on the walls of court on a period of notice of 21 days; and​​(b)​ intimation shall be made to-(i) ​every child of the marriage between the parties who has reached the age of 16 years, and(ii) ​one of the next-of-kin of the other party to the marriage who has reached that age, unless the address of such person is not known and cannot reasonably be ascertained.(2)​ Intimation to a person referred to in paragraph (1)(b) shall be given by intimating a copy of the application and a notice of intimation in Form F37. Please leave a positive rating.
Customer: replied 1 year ago.
Thanks a lot. Am just very anxious that my wedding won't be able to go ahead. I have read the document thanks but could you finally clarify (I am a teacher and have a PhD but just want to make doubly sure am interpreting properly as not got your expertise!):
A that if they post on walls of court and he doesn't reply divorce can go ahead
B that it only takes 21 days once returned from post office and posted on walls
C you can't see there being any reason that if act now shouldn't be sorted by OctoberThanks very much
Expert:  JGM replied 1 year ago.
Yes, that is correct.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** rest now.