What is the court process for a divorce? What are the steps to getting divorced in Malaysia?
When the divorce petition is filed:
Will I have to attend a court hearing?
- in the case joint petition, the Court will fix a hearing date and both parties must be present at the hearing. There is no requirement to serve the joint petition and other related cause papers on each other.
- in the case of a contested petition, the matter will follow a procedure (which includes) service off the divorce petition and other cause papers on the respondent (other party) leading to a Court hearing.
- You, as the petitioner, must be present at the hearing
- It is up to the respondent (other party) who has been served with the divorce petition and duly informed of the hearing date, whether or not he/she wishes to be present.
- The Court may, in his/her absence and upon being satisfied that he/she has been duly served with the relevant cause papers and informed of the hearing date, grant the decree nisi for the divorce
If you can agree with your spouse about financial support, property and the arrangements for any children, you may not have to attend a court hearing at all.
You may have to attend a court hearing if you ask the court to make an order for financial support or cannot agree about the arrangements for the children.
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