Differences of Contested Divorce vs. Uncontested Divorce in Malaysia

Differences of Contested Divorce vs. Uncontested Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce is a difficult and emotional experience for anyone going through it.

In Malaysia, there are two types of divorce: contested and uncontested. A contested divorce is when both spouses disagree on the terms of the divorce, such as child custody, child support, and property division. An uncontested divorce is when both spouses agree on the terms of the divorce.

What is Contested Divorce in Malaysia?

A contested divorce is a divorce in which the spouses disagree on the terms of the divorce, such as child custody, child support, and property division. This type of divorce can be very expensive and time-consuming, as it often requires both spouses to hire lawyers and go to court.

To file for a contested divorce in Malaysia, you must first file a petition for divorce with the Court. The petition must be accompanied by a statement of facts that outlines the grounds for the divorce. The grounds for divorce in Malaysia include:

  • Adultery
  • Unreasonable behaviour of your spouse
  • Desertion for more than 2 years
  • Separation for more than 2 years

Once the petition is filed, the respondent spouse will be served with a copy of the petition and will have an opportunity to respond. The court will then schedule a hearing to determine the terms of the divorce.

What is Uncontested Divorce in Malaysia?

An uncontested divorce is a divorce in which the spouses agree on the terms of the divorce. This type of divorce is much less expensive and time-consuming than a contested divorce..

To file for an uncontested divorce in Malaysia, you must first file a joint petition for divorce with the Court. The joint petition must be accompanied by the terms of the divorce. The terms of the divorce must be agreed upon by both spouses and must be in the best interests of any children involved.

If the court is satisfied that the terms of the divorce are fair and reasonable, the court will grant the divorce.

Pros and Cons of Contested and Uncontested Divorce in Malaysia

There are both pros and cons to both contested and uncontested divorce in Malaysia.

Pros of Contested Divorce

  • You have more control over the terms of the divorce.
  • You can get a divorce even if your spouse does not agree by way of single petition.

Cons of Contested Divorce

  • It can be expensive.
  • It can be time-consuming.
  • It can be emotionally draining.

Pros of Uncontested Divorce

  • It is less expensive.
  • It is less time-consuming.
  • It is less emotionally draining.

Cons of Uncontested Divorce

  • You may not get everything you want in the divorce.
  • You may be forced to agree to terms that you do not agree with.

How to Choose the Right Divorce Process for You

The best way to choose the right divorce process for you is to talk to a divorce lawyer. A divorce lawyer can help you understand your options and can advise you on the best way to proceed to protect your rights and interest.

The Cost of Divorce in Malaysia

The cost of divorce in Malaysia varies depending on the complexity of the case. A contested divorce is typically more expensive than an uncontested divorce. The cost of divorce can also vary depending on the lawyer you hire. You can read more about the cost for divorce here.

How to Cope with Divorce

Divorce can be a very difficult and emotional experience. It is important to seek support from friends, family, and a therapist or counselor. There are also many support groups available for people going through divorce.

Starting Over After Divorce

Starting over after divorce can be challenging, but it is possible. It is important to take some time to heal and to get your life back on track. Once you are ready, you can start to rebuild your life and move on.

Get Free Quotation & Legal Advice From Our Divorce Lawyer Now In Less Than 2 Working Hours via WhatsApp

Our divorce lawyer will send you the quote and advice via WhatsApp in less than 2 working hours.

Leave a Reply

Your email address will not be published. Required fields are marked *