Can I use simplified procedure/DIY divorce?

Hi all, am new to the forum so hope I'm posting in the right place.

I need advice on whether I can use the simplified procedure or a Diy divorce (considering online one). I need a divorce asap...

My situation is this: living seperately for over a year (I'm in Scotland), husband will agree to divorce (he's in mexico), no joint assets (or any lol), no children from the marriage but I have a child from a new relationship. We also have a pre-nup stating any assets are separate.

Can I do an online diy quickie divorce? How long will it likely take? I'm in a hurry to legitimatise my relationship with my child's father, so am looking for the quickest and cheapest option.

Any advice appreciated!

Hi Peach,

This link may be useful

www.wikivorce.com/divorce/Resources/Libr...dure_c338_m2388.html

Elle x

If there are no children of the family or outstanding finances you don't need an online service, you can apply for divorce using the simplified procedure. It's just a case of filling in form SPA giving the reason for the divorce and information to support it.

You must swear that the facts stated on the form are correct before a Notary Public (for a small fee) or a Justice of the Peace who will sign the form, free of charge. The completed form, the marriage certificate and a fee is returned to the local sheriff court or Court of Session. The court will then send a copy of the application for divorce to the other party.

If the other party does not object to the divorce, the court will consider the application and let both parties know the result. If the application is successful the court will grant a ‘decree of divorce’ The whole process usually takes about eight weeks. See guide here;

www.scotcourts.gov.uk/library/civil/divorce/index.asp

Brilliant, thanks Elle and Fiona. I'll have a look at the links now.

Think I'll try to get it done myself, as it's been two weeks since I've instructed my solicitor to start proceedings and have heard nothing from him yet. He doesn't do email, I can't speak to him over the phone and the earliest appointment he's got is for 22 November!?
Think it might take ages through him...

**Update: After telling his secretary I might need to look for a new solicitor if he's too busy, I got a call from him. Mentioned I'm considering a diy divorce and he said it won't be a quick procedure as my husband is overseas(Mexico) and serving the papers will be onerous...

Do the courts send the papers by recorded delivery or something similar? I only have a correspondence address for my husband, not a residential one, so wonder if that will create problems.
Does anyone know of a similar situation where a diy divorce worked?