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Indonesian Wife want to divorce Malaysian Husband

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asked on Oct 6, 2021 at 18:35
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Hi Friends,

I am a wife to a Malaysian. Plan to file a divorce. I want to have a peaceful separation. My biggest concern is that do i have the eligibility and legality to stay in Malaysia even after a divorce?and how to achieve that? I gave birth to born Malaysian 2 kids under 10 yo. I am under long term stay visa under my spouse sponsered. Thanks in advance to anyone's feedback or encouragement if any. 
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3 Answers

answered on Oct 6, 2021 at 21:08
by  
edited Oct 6, 2021 at 22:27
by   jeff005
@ Lollipop

First of all i wish to declare that i,m not in the legal services, nor a marriage counselor. So any thing i write is purely personal perspective.

Divorce with children is the worst case senario in a marriage. I do have objections. Whist i cannot control 2 adult parties from separation, i only post in favor on the welfare the children, what is best for them.

From the way you have written, you appeared to be a very educated indon lady, so what i write should be no problem for you to understand.

Your main concerns is that 

1. do i have the eligibility and legality to stay in Malaysia
Do you not missed your country of birth?

2.  I am under long term stay visa
You are on a Long Term Social Visit Pass (LTSVP) not on a "visa".
A visa is just to enter Malaysia only.
It can be cancelled or expire within a specific period after divorce.
You can come back on a VP (30 days) - Visit Pass to see your children. But, too many times per year, you can be blacklisted from coming into Malaysia for a specific time period even if you have Malaysian children.

You should have asked many people of your chances of remaining inside Malaysia. The brutal truth is that the chances is very slim, but with careful planning, you might be able to remain depending on how amicable the divorce is. 

Your purpose here is to ask how you can be within reach of your 2 children.. right?

In my books there is no such thingy as amicable divorce.

Things changes before and after divorce, situations can also change when both of you hooks up with a different new partner (more issues).

So, the bottom line is  what's next  for the poor children?

The children are innocent byproducts of adults (Sex)..!! Then when the manufacturing facility breaks down, quality control is also compromised..!!
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answered on Oct 6, 2021 at 23:09
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edited Oct 6, 2021 at 23:55
by   jeff005
Lollipop

My concerns for your case is about the children, not for you, not for your husband.

There can be other solutions on your eligibility to remain in Malaysia.

I need further frank answers from you to determine your chances.

My Qs (Set A)

1.  What is your husband age, religion /ethnicity /race, type of employment, approximate income?

2.  Yours too and whether you are working now?

3.  Age /sex of children

4.  What is your highest academic qualifications?

5.  When is your LTSVP expiring? How long will be the next renewal (5 years?)

6.  What are your grounds for the divorce? Was there a 3rd party on either side? What is the main cause for the breakdown of the marriage (if any).

7.  Do you think your husband will contest the any divorce?

8.  Are there any grandparents (paternal side) who can take care of the grandchildren in the event of an impeding divorce?

9.  If you intend to stay inside Malaysia, how could you survive? Forget about any alimony, you may not get any.

10.  Who is looking after the 2 children now? Do state their way of life.

11.  Where do you come from, Sumatra, Kalimantan or Java? District?

If you do not want your details posted here just in case your husband reads it, send the answers to my email address.
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answered on Oct 12, 2021 at 15:18
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Alarming rate of Divorces
Alisha Nur Mohd Noor
10- 12- 2021 02:56 PM

KUALA LUMPUR: Almost 140 divorce petitions are filed nationwide daily, which is a worrying situation, Deputy Minister in the Prime Minister’s Department (Law) Datuk Mas Ermieyati Samsudin (pix) said in the Dewan Rakyat today.

“This involves an average of 121 divorce applications by Muslim couples while 18 are non-Muslim couples,” she said to a question from Noor Amin Ahmad (PH-Kangar) who wanted to know how many divorce cases were reported nationwide since March last year and the support given to couples after divorce.

Mas Ermieyati said this means around five divorce applications involving Muslim couples are filed each hour.

She added that since March last year till August this year, 10,346 divorce cases involving non-Muslim couples were reported.

“The top three states are Selangor (3,160), Kuala Lumpur (2,893) and Perak (1,209),“ she said.

Divorce applicants received through the E-Syariah system totalled 66,440 cases nationwide with Selangor holding the record with 12,407, followed by Johor (7,558), Kedah (5,985) , Kelantan (5,982), Perak (5,921), Terengganu (5,098), Pahang (5,058), Sabah (4,010), Federal Territory (3,854), Negri Sembilan (3,473), Penang (2,978), Malacca (2,402), Perlis (1,081) and Sarawak (561).

“The statistics show applications for divorce and do not necessarily mean that these applications were approved,“ she said.

“As we speak in this hall, there are people applying for divorce, that’s the situation now,“ she said
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