"UNTYING THE KNOT - AN OVERVIEW OF THE LEGAL PROCESS
Stuck in an unhappy marriage? Here's the deal: you have to have been married for at least two years if you're in a bad marriage and ready to end it in Malaysia. There are exceptions, however, you will need EXCEPTIONAL CIRCUMSTANCES to qualify for a divorce before completing 2 years. Therefore, please hold your horses.
There are basically 2 types of divorces in Malaysia, a mutual consent and a contested divorce. While a mutual consent divorce can be time saving, fast and cost effective, it is quite the opposite for a contested divorce proceedings which can take anywhere between a year to 2 years to conclude and the process can be a costly affair.
Why does it take long?
this is because under a contested divorce proceedings there are many issues to be tried in which the Court will need to hear and make a decision. A divorce proceeding does not only involve issues pertaining to the cause of the breakdown of a marriage, a family court is empowered to make decisions inter alia in relation to:-
(i) Child Custody / Visitation right of a parent
(ii) Maintenance for the children
(iii) Maintenance for spouse
(iv) Division of property / matrimonial assets
It is not exactly a walk in the park, right? No matter what led to the split, getting a divorce usually involves a bunch of steps. Here's what you can expect: first up, you gotta file for divorce. Then, you serve your soon-to-be ex with the papers .
After that, you gotta wait for them to respond - which can feel like FOREVER. Once they do, it's time for a hearing to sort things out. And finally, you can put a ring on it...I mean, finalise the divorce.
It's not easy, but it's a necessary process for moving on with your life. Just remember, you're not alone - lots of people go through this every year!
So, where can you seek help? A divorce or family lawyer or course!
An experienced family lawyer will be able to advise you on the procedure, the timelines, yes! timeline is a crucial thing to follow once your case is in Court. Ignorance is not bliss when it comes to law and legal proceedings. Get to a lawyer ASAP in the event you are served with a divorce petition before you are too late to exercise your rights under the divorce law in Malaysia.
Contact me for more details and if you have any questions pertaining to divorce in Malaysia. You can leave your questions in the comment box below. Drop me an email at forlawme.yuva@gmail.com
You can also visit:- www.ynpartnership.com
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