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Divorce Court Procedures

Even if the other party does not defend an action based on the first three of those types of cases, the person raising the action must produce corroborating evidence to the court.

Actions can be raised in the Court of Session in Edinburgh or, more commonly, in the local Sheriff Court for the area in which the person raising the action (the "Pursuer") resides.

If there are any children of the marriage, then the Court will require evidence as to their welfare arrangements before being able to grant and order (a "decree") for divorce.

In situations where the irretrievable breakdown of the marriage is being proved by evidence of a 1 year separation with consent of the other party or by evidence of 2 year separation, and there are no children under 16 and there are no financial claims to be made by either party, the case can proceed under a simplified procedure. Parties can obtain the appropriate forms from their local Sheriff Courts. However, it would always be wise to take legal advice first of all to be absolutely sure that there is no basis for financial claims, as the right to pursue a financial claim will ordinarily be lost for ever if it is not put forward at the time of divorce.