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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?
Optional Information: Province/Country relating to question : Scotland Already Tried: Google
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.
Experience: 27 years as a practising solicitor.