How to divorce? Scotland

[anneboleyn]

My Mum and Dad separated 4 years ago and have been living apart since. My Mum wants to obtain a divorce from him but has no idea how to do it? Can anyone help?

[Whickerman]

As with all legal situations, go see a solicitor. Try citizens advice first.

[Stu Dent]

Since your Mum and Dad have lived apart for more than one year (with your dad's consent) or, two years without your Dad's consent, your Mum can sue your Dad for Divorce - the above circumstances of non-cohabitation are the grounds your Mum would need to prove before the Court can grant the action for Divorce. She would start proceedings at her local Sheriff Court. You can find your local Sheriff Court at www.scotcourts.gov.uk

The Scottish Courts Service have also published some very helpful information on how to obtain a 'simplified divorce'. Your Mum should have no problem obtaining such a divorce, and they also provide links to the appropriate forms your Mum will need to submit. Form 49.73-B is the one she will need.

http://www.scotcourts.gov.uk/session/rules/cha pter49_11.asp

[cruella]

the first step would be to consult a Solicitor to ensure that you Mum qaulifies for legal aid.
He or she will complete all the paperwork and once legal aid has been approved, your Mum can go ahead with the divorce on any grounds that she may have against your dad.
The Solicitor will take though it all step by step and advise her on ground for divorce. She prbably not have to even go to court at all, assuming your dad has no objections.
Usually divorces go through amicably, without too much hurt involved. I wish your Mum all the best. And you dad. Hope they have both made a new life for themselves.

[anneboleyn]

Thank you so much for your input , I have told her what to do now!
And thanks especially to cruella for her kind words , I am ever so grateful