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time before I can apply for divorce

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plum1217
Posted by
Junior Member

12 Oct 09 #153910 by plum1217

Topic started by plum1217

Hi I'm confused. Before joining Wiki, I looked at some online legal sites, and was of the opinion that I could apply for divorce after being separated for one year as long as there were no welfare issues regarding my 13 year old daughter. Now I'm not so sure. Can anyone clarify whether it is one year or two years where a child is involved. I have full custody of my daughter. Thanks

Fiona
Platinum Member

12 Oct 09 #153915 by Fiona

Reply from Fiona

In Scotland when there is a child under 16 involved you can apply for divorce after one year with the consent of the other party under the ordinary procedure. Without consent you will need to wait two years. Applications under the ordinary procedure are by writ and most people find they need to use a solicitor.

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