Getting a divorce in Malaysia can be a complex process for non-Muslims, especially if you are overseas. However, it is possible to get a divorce in Malaysia even if you are not living in the country. So what you should do if you wish to move on and get a divorce in Malaysia?
Appointing a Lawyer in Malaysia
The first step in getting a divorce in Malaysia is to appoint a divorce lawyer. Once you have found a divorce lawyer, your divorce lawyer will be able advice & act on your behalf accordingly.
Filing for Divorce
Before your divorce lawyer proceed to file for a divorce, it is essential to determine whether if the petition will be file jointly or unilaterally.
In short, are both parties ready to proceed with the divorce or not? If yes, the divorce lawyer will proceed to prepare for a joint petition. This process will be relatively simpler and cheaper.
On the other hand, if the divorce is not mutual, your divorce lawyer will proceed to prepare for a single petition. This process will take a longer time and there is also a need to go through multiple case management dates fixed by the court where your divorce lawyer will be able to represent you in the court accordingly.
For joint petition, both parties are required to attend the divorce hearing fixed by the court. In the event if any party is not in Malaysia, your divorce lawyer may apply for exemption from the divorce hearing with valid reason. Alternatively, your divorce lawyer may also apply to the court to proceed with the divorce hearing online (commonly via Zoom or video conference). Take note that the court shall have full discretion on this.
For single petition, depending on the circumstances of the case, the court may also proceed with the hearing to be done online. The respondent may not be required to be present as long as the documents are properly sent to him or her and the court is satisfied that the respondent is well informed.
Getting Your Divorce Certificate
Once the court has granted you a divorce, your divorce lawyer will be able to obtain your divorce certificate for you. You can then proceed to update your divorce status with the Jabatan Pendaftaran Negara (JPN) Malaysia accordingly.
In conclusion, if one is currently residing overseas, he or she can appoint a divorce lawyer in Malaysia to start the divorce process and your divorce lawyer should be able to advice you on the process and act on your behalf.
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