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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10653
Experience:  30 years as a practising solicitor.
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Can I appeal a decret of divorce and how long takes the pr

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Can I appeal a decret of divorce and how long takes the process?
Thank you for your question.

When was the decree granted?
Customer: replied 3 years ago.


It wasn't happen yet, I want to know in advance in case it happen.

You have 14 days from the date of the grant of decree to mark an appeal. You do so by lodging a note of appeal with the sheriff clerk. The first tier of appeal is usually to the sheriff principal. When the appeal is marked the original sheriff is asked to write a note (if he hasn't already done so) detailing why he reached the decision he did. The papers are then sent to the sheriff principal's department and a date for the appeal hearing is assigned.
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Customer: replied 3 years ago.


I am sorry I was not clear. I am talking about The Court of Session. I assume es similir or no? And, how long they give you the date for the appeal hearing since you lodge a note of appeal.

Yes it is similar, although an appeal to the inner house of the Court of Session could be a good number of months from marking the appeal. In addition you can't really deal with this effectively without assistance from a solicitor and Counsel.
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Customer: replied 3 years ago.


When you are allow to appeal is possible to lodge witnesses and any documentation you couldn't lodged before? and, while the process goes is possible to continue getting the monthly aliment until the new decret is granted?