Legal separation or Divorce??

Hi everyone,

I am new hear and thought I would introduce myself and hopefully gain some much needed advice.

I was married for 12 years and my husband was infertile so after many attempts we finally fell pregnant with help from ivf and I had a little boy last October. When I was 6 weeks pregnant my ex started an affair and I found out about this when I was 3 months gone. After a very stressful pregnancy I asked him to leave when the baby was 7 weeks old and I have been on my own since. He has access of 2 evenings a week and a full day at the weekend, this takes place at my home and he never has sole access, my choice which so far he agrees to.

I am still in the marital home which is going to be sold and we are at the stage of initial solicitor letters but they are advising to do a legal separation and I am not sure if this is best for me or whether I would be better going straight for divorce. I am in Scotland and know that there are differences in the law here so if anyone can help me out it would be great to hear from you.

Thanks for taking the time to read my story.

Before divorce is granted in Scotland the finances and arrangements for children need to be in place and this is formalised by a legally binding document called a Minute of Separation or Minute of Agreement. If the children are under 16 the simplified procedure isn't open to you and you must use the ordinary divorce procedure.

In Scotland when the conditions for a divorce under the Simplified Procedure are not met the Ordinary divorce procedure is used and a solicitor is normally required. The action begins with the solicitor for the pursuer drafting the summons (Court of Session) or initial writ (sheriff court). This is a formal document stating all the facts which is sent to the court. A copy is sent to the defender who then has 21 days to seek legal advice and consider their response. When adultery is being used as a ground for divorce, a copy is also sent to the third person involved if he or she is named in the summons or initial writ.

UNDEFENDED DIVORCE Where both parties are in agreement the action proceeds as an undefended divorce. Sworn statements are usually provided by the divorce applicant and the solicitor submits the statements to the court. The judge examines the case in private and the divorce decree will then be granted unless the court requires further information.

divorcesurvivor-fiona.blogspot.com/2008/...vorce-procedure.html

Hi wee,
You have many things to consider and are coping with a fairly recent n long awaited birth. Fionas advice is sound. What do you want, do you want to be tied or have a Clean Break? keep searching for info to assist you make the decision right for you. Takeyour time and keep ex[loring whats best for you
Best wishes
Elle