Where a DIY divorce is unavailable, a pursuer should file an
application for an ordinary divorce.
Before you file...
(1) Grounds for divorce
As a first step, read Divorce 101: Grounds For Divorce - Scotland
(#6).
(2) Should I hire a solicitor?
Yes, you are strongly advised to retain a solicitor for an ordinary
divorce.
Always ask for an estimate of costs and the hourly charging rate when you
first see a solicitor, but be prepared for this estimate to change as your case
goes on.
You should also ask for an estimate of 'outlays' - costs that the solicitor
will have to pay out on your behalf, such as court fees, advocate fees, and
property valuations.
(3) What about legal aid?
Around three quarters of Scottish adults now qualify for legal aid.
If your income, after paying essential expenses such as your mortgage, tax and
childcare, is £25,000 or less, you may qualify. Visit the Scottish Legal Aid Board website for more information.
(4) Court costs
If you are on a low income, you should complete a fee exemption form and request a waiver of court costs. For
more information, speak to your local Citizens Advice Bureau and visit the Scottish courts website.