What is the Ordinary/Non-Simplified Procedure?
You will need to use the ordinary/non simplified procedure when the criteria for the simplified procedure do not apply to you.
This procedure can be used in the sheriff court or Court of Session, but is much more complex. There is no set application form and instead proceedings begin with an initial writ in the sheriff court and a summons in the Court of Session. As the procedure is complex we would strongly advise seeking legal advice. Scottish Courts and Tribunals Service staff are not legally qualified and therefore cannot provide you with any legal advice.
Contact details for the Law Society of Scotland, who can provide details of solicitors acting in your area can be found on the Law Society website.
Rules and Forms
Sheriff Court: Rules and forms to use when applying for ordinary divorce or dissolution in the sheriff court, can be accessed on the website.
Court of Session: Rules and forms to use when applying for ordinary divorce or dissolution in the Court of Session, can be accessed on the website.
How much will it cost?
The fees to lodge an application for divorce or dissolution of civil partnership depend on whether the application is lodged in the sheriff court or Court of Session. Court fees are payable for lodging these applications in court, and the current fees can be found in the 'Court Fees' section.
You may be entitled to fee exemption, for example if you receive certain state benefits. Further information can be found in the 'Court Fees' section and the fee exemption application form.
These amounts only cover the fees charged by the court, if you have employed a solicitor they will also charge fees. The solicitor will be able to provide you with information on these costs.
Frequently Asked Questions
Frequently asked questions related to simplified divorce/dissolution of civil partnership can be accessed in the Frequently Asked Questions section.
Further Information
If you have any further questions about the ordinary divorce or dissolution of civil partnership procedure, please contact your local sheriff court, or the Court of Session if you plan to send your application there. Staff will not however be able to provide you with legal advice.
Citizens Advice Bureau can also assist you, you can find contact details for your local office on the Citizens Advice Bureau website.
The Scottish Government also provide information on the following topics: