Divorce Procedure in Scotland

28 August, 2009 by Lawrence in Divorce

OK, this is only my third blog entry and I’m already violating its title and intent by posting about procedure in Scotland.  However, I think it’s interesting as a contrast to our procedure here.

I stumbled across this blog entry: Divorce 101: Divorce Procedure In Scotland (#9).  Apparently Scotland doesn’t have any type of “no fault” divorce, and even the relatively simple DIY (do it yourself) divorce requires some sort of grounds.

Also, anything less than full intercourse isn’t “adultery” according to their divorce law, neither is intercourse with someone of the same sex.  I bet there are some disgruntled spouses who feel differently!

Finally, notice that a DIY divorce requires no religious restrictions on remarriage.  I’m not going to opine on whether or not that’s a good idea, I simply point it out to contrast that with the relative separation between the church and state we enjoy.

Getting divorced seem overly time consuming and expensive, but by comparison Tennessee’s requirements are straightforward.  Here, if the parties can come to some sort of agreement on separating, property division, and child care (regardless how easily or painfully the agreement process was), there is little need to prove anything else to the court.

In my opinion, we have the superior system, as I don’t think the government has any business making people stay married who don’t want to be.  What are your thoughts?  Perhaps divorce is too easy?  I’ve represented people on their 5th or 6th divorce, so perhaps people should be encouraged to stick with their commitments?

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2 comments

  1. Do you mean restrict who could get married, or make some prerequisites? For example, before you may file bankruptcy, you have to have debt counseling. Perhaps marriage counseling should be required beforehand? I don’t know if that’s the answer or not.

    What did you have in mind?

  2. LegalTuber says:

    Is the solution to rampant divorce tougher restrictions on marriage?