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JGM, Solicitor
Category: Law
Satisfied Customers: 16608
Experience:  30 years as a practising solicitor.
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Looking for advice on a Scottish divorce, I’m married and my

Customer Question

Looking for advice on a Scottish divorce, I’m married and my ex has stopped the divorce on the grounds of mine and my current partners daughter is his, I’ve had his solicitor threaten me with court orders but see me and my current partner had already done a peace of mind test and my current partner is the dad but my ex doesn’t believe it and is demanding another one to be done I agreed 6 months ago and it’s not been done I’m fed up and I don’t want to do it anymore.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: scotland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 13 days ago.
Category: Law
Expert:  JGM replied 13 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 13 days ago.

Has the divorce been started in the court? If so what stage is it at? What kind of court orders are you being threatened with?

Customer: replied 13 days ago.
I filed for divorce last February had issues trying to find my husband come last September they’ve stopped the first part I think it’s the decree of extract? He’s not signed anything
Expert:  JGM replied 13 days ago.

Did you try to do this by way of simplified procedure divorce (filling in a form) and if so was that on the ground of one year’s separation with consent or two year’s separation?

Customer: replied 13 days ago.
I tried to do it on simplified divorce on the grounds of 2 years separation
Expert:  JGM replied 13 days ago.

I would write to his solicitor giving him a copy of the test you have already done and say you are no longer prepared to do another test as he has been holding this up for months. Either he withdraws his objection to the court or you will raise an ordinary action of divorce in the sheriff court family court, narrate the circumstances to the court in your writ, and seek the expenses of the whole action against him on the basis of his conduct.

Expert:  JGM replied 13 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.