Separation and divorce can be some of the most difficult experiences in life, both emotionally and practically. At Morgans, solicitors in Dunfermline and Kinross, we support clients across Fife and throughout Scotland by guiding them through the legal process with care, understanding, and clear advice. Whether you are separating from a spouse, civil partner, or long-term partner, our experienced family law team is here to support and guide you at every stage.
Helping you move forward
No two separations are identical. You might be unsure about what will happen to the family home, how to share finances, or arrangements for your children. At Morgans, we offer clear, practical guidance that helps you make informed choices and plan ahead.
Our solicitors have extensive experience handling both amicable separations and complex divorces. We aim to resolve matters as constructively as possible while safeguarding your interests and ensuring you are fully aware of your legal rights.
The separation and divorce process
The process you follow will depend on your circumstances, including whether you are married, in a civil partnership or cohabiting. In Scotland, the court grants a divorce, and there are two main procedures available.
- Simplified (or “quickie”) divorce – appropriate when both parties have already agreed on all financial issues and there are no children under the age of 16. You must have been separated for at least one year and have the consent of your spouse or have been separated for at least two years in which case you do not need the consent of your spouse.
- Ordinary divorce – usually applicable when there are unresolved matters such as finances, property, or there are children under the age of 16. The action will not always be defended. A lot of the divorces we act in are not defended. Divorce can be granted on either of the grounds used in simplified divorces but also on the grounds of unreasonable behaviour or adultery.
Before progressing to that stage, we will:
- Discuss and help to negotiate financial settlements on your behalf.
- Assist in agreeing arrangements for the child’s residence and contact.
- Draft or review a separation agreement if necessary.
- Apply to the appropriate court.
Where possible, we seek to resolve matters amicably through negotiation or mediation, avoiding unnecessary court proceedings.
Why engage Morgans?
✔ Local understanding – With offices in Dunfermline and Kinross, we’ve assisted families across Fife and throughout Scotland in resolving separation and divorce issues with sensitivity and fairness.
✔ Experienced family lawyers – Our team possesses extensive knowledge across all areas of Scottish family law.
✔ Clear, practical advice – We’ll explain your options in plain English and guide you through each stage.
✔ Compassionate support – We understand how stressful this time can be and always approach matters with empathy and discretion.
Need advice about separation? We’re here to help
If you’re separating or considering divorce, contact Morgans today. Our family law solicitors in Dunfermline and Kinross can help you understand your rights, explore your options, and move forward with confidence.
Frequently Asked Questions
Do I need a solicitor to get a divorce in Scotland?
There is no law that says you must have a solicitor to get divorced in Scotland but as divorce may have far reaching consequences for the parties it is prudent that you do take independent legal advice. Even in simple cases, a solicitor ensures all legal requirements are fulfilled and that your rights are protected.
How long does it take to get divorced?
A simplified divorce can typically take around 6 to 8 weeks, whereas a more complicated one can take several months or longer, depending on the issues involved.
Can we agree on matters without going to court?
Yes. Many couples settle their agreements through negotiation or mediation. We can draft a legally binding separation agreement to record these terms.
Do I have to wait a year before I can divorce?
In most cases, yes. You can apply for a divorce after one year’s separation if both parties agree and the other party consents, or after two years without consent. However, in certain circumstances a divorce might proceed on the grounds of unreasonable behaviour or adultery in which case there is no period that the parties need to have lived separately for before divorce can be granted by a court.
Can Morgans help with child arrangements, too?
Absolutely. We routinely advise on residence, contact, and child maintenance issues as part of separation and divorce proceedings.