Divorce can be a tough ordeal especially if you have been with your partner for a long time, but deciding to get a divorce is never a spur of the moment reaction to something that you may have said. Usually both people in the relationship realize that it is time for them to get a divorce. There are however times when only one partner decides that they should get a divorce, although the other partner might not want that and it will become clear that the other person made the right decision in getting a divorce.
A Scottish divorce is slightly different to a divorce in neighbouring England. Which may strike some people as being rather odd and confusing, after all they are part of the United Kingdom, but of course over time they have decided that they have wanted to separate themselves from the United Kingdom. England and Wales share the same divorce procedure, but getting a Scotland divorce will prove different then going over the border to England and getting a divorce.
When you want to get a divorce in Scotland you have to fall under one of the five categories that they have laid out. These five categories are as follows: adultery, desertion, unreasonable behaviour, separation for two years with the consent of both partners and separation for five years without the consent of the other party. The last two options are laid out in a way that can be confusing for some when getting a Scotland divorce. If you both feel it is ideal to separate then if you still don't think that your marriage will work after two years then you can apply for a divorce. However if one partner refuses to accept the marriage is over, you can separate from them, but it will take five years for you to be able to apply for a Scottish divorce.
If you want to get a divorce on the last two grounds for divorce then there is a simplified divorce procedure. This can only take place if there are no money issues between the couple and also there cannot be any children under the age of sixteen in their relationship. If the couple does meet these criteria, then the couple can make an application to the local Sheriff Court for a simple divorce. The cost of the divorce will usually be around the sum of £62 and you will not need a lawyer to help you through the process. Although a lawyer will be needed to notarise the form.
There are usually 12,000 divorces granted in Scotland a year. Divorce however is not an upward trend in Scotland. 12,000 is an average figure for over the last ten years. About 70% of these divorces are at the instance of wives. Statistics also show that the highest numbers of divorces filed are when the couple have been together for the 10-20 year period. The next most common period for divorces filed is between the 2-5 year period. However some divorces have been filed and granted when the couple has been together for under a year.
This does not signify that all marriages are doomed to fail in Scotland. These figures will not show that every single year there will be 12,000 divorces in Scotland, but it is a common fact that marriages do break down and the couple will see that it would be best if they did get a divorce instead of prolonging the unhappiness that is in their marriage.