I have been informed by my daughter that I and her father are now divorced. Should I have received notification from the court, and what can I do about this?
Province/Country relating to question : Scotland
Hello,I will do my best to help you with this.Have you been separated for some time? How old is your daughter and do you think this was something said genuinely by the father?
We have been separated for around 15 years. My daughter is 22. She told me a couple of weeks before her father remarried, so I assume we are divorced. I am somewhat taken aback that I have been informed in this way though,
Thank you for your question.In terms of the court rules a copy of the divorce papers ought to have been served on you either by the court, by your ex husband's lawyer or by sheriff officers.However, if your husband did not know your address he would be entitled to instruct service on any child of the marriage under the age of 16 years that he knew the address of.The only way to find out about this is to go to the court and find out. The divorce will have been raised in the sheriff court nearest to either you or, more likely, your husband. The court will able to give you a copy of the application for divorce, details of who it was served on and a copy of the divorce decree.If there has been any dishonesty which has resulted in the divorce being granted and as a consequence of that you have lost out on a share of property or a pension provision then your remedy is to apply for reduction of the divorce in the Court of Session, a difficult and complex process frankly.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).