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What to do if my Spouse refuses to sign the divorce papers ❓

Q: If my spouse does not agree to a divorce, does that mean I cannot file for a divorce❓

A: No, you can actually file for a unilateral divorce or we usually call it as a "single petition".


Steps for Applying for Unilateral Divorce (Single Petition)

 Step 1: Apply for Marriage Reconciliation
  • Visit JPN to apply for marriage reconciliation.
  • Attend three (3) reconciliation sessions.
 Step 2: Receive Approval from JPN
  • If JPN finds the marriage irretrievably broken, they will issue an approval letter.
  • This process takes 4-6 months.
 Step 3: Engage a Lawyer
  • With the approval letter, hire a lawyer to start the divorce proceedings.
 Step 4: Prepare and Submit Documents
  • Lawyer prepares the divorce cause papers.
  • Documents are submitted to the court for scheduling.
 Step 5: Notify the Other Party
  • Lawyer serves the divorce papers to the other party.
  • The other party is notified of the divorce application and the hearing date.
 Step 6: Court Proceedings
  • If the other party does not contest or hire a lawyer, the judge grants the divorce application.
  • If contested, both parties' lawyers negotiate.
 Step 7: Final Decision
  • If no agreement is reached by the parties, the case goes to trial.
  • The judge makes the final decision.
📌 What are the documents required for divorces?
  1. Marriage Certificate
  2. Both Parties’ identity cards
  3. Children Birth Certificate
  4. Other documents (if needed)
If you have any questions or require legal advice relating to divorce, our team would be pleased to assist you.

Prepared by Voo & Partners

This article contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact  www.voopartners.com.my.
 

02 Sep 2024