The main grounds for a divorce and how a lawyer can help you through it

by James Pascoe

For most people their wedding day is one of the happiest days of their lives. Here they make a commitment to the one they love, to cherish each other no matter what, for the rest of their lives. However, not every marriage is a fairy-tale ending and in the Uk about one third of all marriages end in divorce. Some people just drift apart and settle their divorce in a friendly manner. For others it is a painful process that pushes their emotions to the limit. It is obvious that most people can not make logical decisions when they are feeling so angry and hurt, but this is the time when you should be making sensible decisions as they will affect the rest of your life. That is one good reason why you should consider consulting a divorce lawyer to help you sort these issues out and to try to get the best long term agreement.

A competent solicitor who specialises in divorce will be able to present the facts to you in an objective way and offer you practical alternatives. Remember, your partner will probably also be speaking to a lawyer. If possible, try to settle everything without having to go and fight it out in court. It is a costly way of exacting your revenge and probably won't make you feel any better. Try to deal with the situation as reasonably as possible.

There are 5 grounds for divorce in Scotland, the first one being adultery. Actually adultery is quite hard to prove. The law defines it as 'voluntary sexual intercourse between a married person and a person of the opposite sex not being the married partner'. Letters, emails or even pictures of them holding hands or kissing doesn't actually prove it. So, unless you catch them in the act, you will have to rely on them actually admitting it. In many cases the marriage has broken down to such a degree that a partner will admit it with little prompting, but it would be a mistake to think that you will successfully divorce your partner for this reason if they decide to deny it. In fact, adultery is so difficult to prove in court, the government are looking at getting rid of this category.

Desertion is another reason for divorce, and is defined as a spouse abandoning their partner without good reason, for two years. Of course most people split for reasons which are obvious to themselves and so this category is not often presented. Bizarrely, even if the couple are living under the same roof, the court can consider one to have deserted the other if it can be shown that they are living completely independently of each other. Consult Glasgow legal services if you live in Scotland and want to know more.

By far the most popular grounds for divorce in the UK is unreasonable behaviour. This is because the term covers almost any possibility. The law states that if your spouse acts in a way that you find intolerable, then that constitutes unreasonable behaviour. Whilst the media often present us with the funniest of these claims, the usual reasons are more serious - incompatibility, addiction to gambling or drugs, threatening and violent behaviour and money troubles. If you think that this is the best approach for your divorce, you should contact a divorce specialist for advice.

Separation is another reason people file for divorce. This category is split into two. Separation with consent is where the couple have been separated for one year and both consent to the divorce. It covers a separation where the two parties have decided that this is the best course for action. Sometimes this happens after people have split to get some space so that they can assess their feelings for each other and, instead of deciding the make another go at the marriage, they decide to get divorced. This is sometimes called a 'no fault divorce', as neither party is deemed to have been at fault, and in most cases they have settled issues over property and responsibilities between themselves. The second category is after two years of separation and does not require the consent of the other party. The court recognises that after such a long split the marriage is effectively over. A Glasgow solicitor can help you if you feel this is the best curse of action for you.

These days divorce laws are designed to help people to start their lives anew if they have made a mistake. If the couple have no dependants then the divorce can go through quickly and painlessly. However, it is always worth consulting a solicitor to make sure that your haven't missed something that will cause you grief in the future.



Are you looking for the best way to find the most <a href="http://www.glasgowlegalservices.co.uk">professional legal services in Glasgow</a>? Then visit www.glasgowlegalservices.co.uk to get the best advice on finding the right <a href="http://www.glasgowlegalservices.co.uk/why-getting-a-good-lawyer-is-so-important">Glasgow legal services</a> for your needs. There are so many specialist areas of law and choosing a lawyer who is not an expert in your kind of case could cost you your money.

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