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History: Home UK Divorce Forum
Divorcing in SCOTLAND? EU vs non EU member (3 Posts)
Started By:
21 May, 2017 03:43AM
Divorcing in SCOTLAND? EU vs non EU member
scott83 - 21 May, 2017 03:43AM
peace good people
I have so many questions, I hope somebody has free time to answer them.
Me and my wife married in Poland! We live in Scotland 3 years already.
She is from Poland, I am from Bosnia. We want divorce, but we still leave together(separate lives), we don't have kids, no mutual finances, no cars, no house etc. We both agree on divorce.
I want to do the SIMPLIFIED procedure, do it by yourself, since I cant afford any solicitor and also there is no need to go to COURT when divorce doesn't include kids finances cars home, etc. I hope this can be done quick and simple.

My questions are:

Can I divorce in Scotland? Since Bosnia doesnt belong to EU.
I am NON EEA member, i have 5year VISA for NON EEA family member!

I wont stay in Scotland, i have to go back to Bosnia to take care of my mother.
Can I apply for DIY simplified divorce and leave Scotland?

3.How to apply for divorce if its case of Adultery, my wife was also cheating me online, does online cheating counts as Adultery?
And its online cheating, how can I prove it and where I need to prove it.

4.Form SPA - Simplified Divorce 1 year separation
I have only 2 applications I can fill, and I couldn't find one for Adultery.
1year separation or 2 year separation applications on scotcourts.gov/uk site....
-We still live together in same flat but we lead separate lives. Can we still apply for Divorce 1 year separation? And Can i leave the country after I apply and send the application to the court. While my wife still resides in Scotland.-What if my wife also leaves Scotland while the application is processed?
-It says on scotscourts site we have to be separated for 1 YEAR before applying for divorce, this is BAD news!

5.Documents, which documents I need to send with my divorce application? I have marriage certificate translated into INTERNATIONAL version for EU countries, but do I need to translate original marriage certificate to ENGLISH language only??? I used same international certificate for my NON EEA VISA before coming to UK, so I think it should be fine???
-Affidavit on that divorce application, Can I do it alone or my wife has to be there? Can it be done in Local sheriff court? So i need to do that before sending the application?

-How to Pay Court fee to Sheriff Court and what is exact price for this divorce application, is that the only thing I need to pay?

Lets sum it up regarding application itself:

So I finished with simplified procedure application/
-After I fill the application for me part1 (i sign it), my wife fills part 2 (signed) and then I do Affidavit for part 3. I need to enclose marriage certificate (original one and also international translated) and the court fee cheque...
I posted to SHERIFF COURT in my city.

What now?

-Anybody knows how divorcing works in Poland?
Will it be better to divorce in Poland?
Many people saying Divorcing in Poland is very difficult what ever reason is, and I cant go to Poland since I dont know polish and I dont want this to be dragged.

thank you in advance all of you, i hope somebody will see this.
Re: Divorcing in SCOTLAND? EU vs non EU member
HatMan - 21 May, 2017 05:51AM
The only one of those questions I can help with is the online cheating bit..it most definitely cannot be classified as adultery ( but you can use it as evidence of unreasonable behaviour - which is just as good a reason for divorce being granted.)
Re: Divorcing in SCOTLAND? EU vs non EU member
scott83 - 21 May, 2017 01:42PM
Hello HatMan, there is no part in application form to write about UNREASONABLE behaviour.
Scotland has only 2 forms 1year separation and 2 year separation.
So what to do now?
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