Getting a divorce as a non-Muslims in Malaysia can be a complex and time-consuming process. The length of time it takes to get divorced will vary depending on a number of factors, including the type of divorce you are seeking, the complexity of your case, and the cooperation of your spouse.
Types of Divorce in Malaysia
There are two main types of divorce in Malaysia: contested and uncontested. A contested divorce is one in which the spouses cannot agree on the terms of the divorce, such as child custody, alimony, or the division of property. An uncontested divorce is one in which the spouses have agreed on all of the terms of the divorce.
- Uncontested Divorce (or Joint Petition)
If you and your spouse are able to agree on all of the terms of your divorce, you can file for an uncontested divorce or commonly known as a joint petition. This is the fastest and simplest way to get a divorce in Malaysia.
To file for an uncontested divorce, you and your spouse must sign the divorce papers prepared by your divorce lawyer and file it with the court.
At the hearing, the judge will review the divorce terms and confirm all of the agreed terms. If the judge is satisfied that you and your spouse are in agreement, the court will grant the divorce.
Generally, a joint petition for divorce will take less than 3 months from the start of the process until the court hearing date.
- Contested Divorce (or Single Petition)
If you and your spouse cannot agree on the terms of your divorce, you will need to file for a contested divorce. Contested divorces are more complex and time-consuming than uncontested divorces.
To file for a contested divorce, you must first file a single petition for divorce with the court. The petition for divorce must state the grounds for the divorce.
Your spouse will then be allowed to reply to the petition and defend him or herself accordingly.
During the hearing/trial, the court will then assess the case after hearing from both parties before making a decision. The court may even direct parties to go for a mediation in order to settle the case amicably.
In the event if grounds for divorce are met, the court will grant a divorce order.
A single petition for divorce will take around 6 to 9 months to complete. However, this will go beyond 9 months if the case is complex.
- Tips for Expediting Your Divorce
If you are seeking a divorce in Malaysia, there are a few things you can do to expedite the process:
- If possible, try to reach an agreement with your spouse on the terms of your divorce before filing for divorce. This will make the divorce process much faster, simpler and cheaper.
- Be cooperative with your spouse and the court. This will help to avoid delays in the divorce process.
The length of time it takes to get a divorce in Malaysia will vary depending on a number of factors. However, there are a few things you can do to expedite the process. By following the tips above, you can increase your chances of getting a divorce quickly and efficiently.
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