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divorce advice

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asked on Jun 15, 2011 at 20:44
by   shirley
my case is quite simple. i found my husband has affair with another girl through sms. He refused to divorce,can i file the divorce on one side only? i have a 6years old daughter and my income is more than rm2000. Please advise, i am helpless as i dont have relatives at KL
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5 Answers

answered on Jun 15, 2011 at 21:56
by   Lisa
DIVORCE WITHOUT MUTUAL CONSENT (UNILATERAL/ SINGLE PETITION)

Either party to a marriage may file a petition to divorce without consent of the other party, on the ground that the marriage has broken down. The break down of the marriage can be grounded one of the reasons as follows:

1) that the other party has committed adultery;
2) that the other party has behaved in such a way that it cannot reasonably be expected to live together;
3) that the other party has deserted for a continuous period of at least 2 years; OR
4) that the parties to the marriage have lived apart for a continuous period of at least 2 years.

WHAT IS THE BRIEF & GENERAL PROCEDURE FOR SINGLE/ UNILATERAL PETITION TO DIVORCE?

1) Consult a lawyer ( Subject to your instruction, lawyer may help to write an official letter to your spouse to indicate your intention to divorce, and state the benefits of joint petition to divorce)
2) If the other spouse refuses to a Joint Petition to divorce, your lawyer may assist you to apply for JPN's ("Jabatan Pendaftaran Negara") Tribunal for 3 times of your attendances within 6 months. The purpose of the Tribunal is to reconcile the parties of the marrige.
3) After the tribunal, you may sign the divorce petition and file it in to the High Court.
4) Thereafter the procedure may be different depends on your spouse's action subsequently when he/she receive the petition. Please refer to your lawyer for further information.

You can also look through the numerous postings on divorce in this forum for further understanding.
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answered on Jun 16, 2011 at 22:22
by   panda
Hello there,
your story its similar to mine, my Malay husband treated me very badly and i had to file a divorce against him, i had all the evidence to get him done fortunately.I filed for divorce at the Sharia court and they fixed an appointment to see why i wanted to divorce my husband, they were very helpful, kind and listened to my story in full, i had photos from my ex facebook profile partying away, drinking and hugging many women. At the second appointment my ex came along and when faced by the sharia officers with the evidence he had to agree to let me go. It was over and done in 1 month. If it happens that your ex refuses divorce, the law states that if you part for 6 months and don`t live under the same roof, your are eligible for divorce. Its sems amazing but to divorce a muslim its easier then anyone else, the sharia officers are really understanding of weomen issues and fidelity problems. Do`nt wory let it all out, do not fear and yes God will help you through! Good luck!
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answered on Jun 21, 2011 at 20:07
by   Lost myself
I am so sorry for your "story". I think most of us have the same problem is we lack of the information & aid on divorce.

what is the procedure?
How long to take for this processing?
Which Lawyer should I looking for?
How to arrange our assets/property?
How to arrange for our kids?
And most important is HOW MUCH I have to pay for the divorce. cause most of us not earning so much and can not afford for the expenses professional fee.

And some time we know our husband is affair with other one, but we do not the "Conclusive evidence".
The proof we believe that our husband is infidelity if from his call record, SMS,(which have been deleted) behavior and attitudes...all that we can show to court.
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answered on Jun 22, 2011 at 15:13
by   netalie
Those who cannot afford a lawyer for divorce, go to the many free government lawyer bureaus ( like Bantuan Guaman, etc). i believe the Legal Bar council has one.

To seek help free of charge, you need to qualify for it, then they can help you. Meaning to say you need to show proof, you are earning a certain amount of salary (check their criteria online) and can't really afford to engage a lawyer.

In fact, even without a lawyer - you can still file for divorce in the court by yourself if you know exactly all the steps needed to do so. If you learn it up all, it is not difficult to do so. Please do not ask me how because I only come to understand it but I personally do not know all the steps. Search online for the info or ask those who might be able to give you all the steps.
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answered on Jul 15, 2016 at 10:13
by   CYNDI
izzit both party still undergo and 2years divorce period as.the both parties already not.living in the same house 3years.already.
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