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Joint and Single Petition Divorces: Do You Need Your Own Lawyer?

December 16, 2023July 14, 2024 by adminin BlogsLeave a Comment

Joint and Single Petition Divorces in Malaysia Do You Need Your Own Lawyer by TYH & Co. Divorce Law Firm in Malaysia

Ending a marriage in Malaysia, like most life events, can feel like going through a complex maze. You’re facing emotional turmoil, navigating legal procedures, and making crucial decisions about your future.

One of the first questions that pops up: Do I need my own lawyer for a divorce, especially if we’re filing a joint petition?

Understanding the Divorce Landscape: Joint vs. Single Petition

In Malaysia, you have two main divorce paths: joint petition and single petition.

Joint Petition: This option is ideal for couples who have reached a mutual agreement on the divorce terms, including child custody, property division, and financial settlements. It’s a faster and generally cheaper option compared to a single petition.

Single Petition: This route is chosen when there’s no agreement on the divorce terms, or one spouse refuses to cooperate. It’s a more complex and lengthy process, often involving court hearings and legal battles.

Can Both Parties Hire a Divorce Lawyer?

Now, the big question: Can you share a divorce lawyer with your soon-to-be ex in a joint petition? The answer is yes. Sharing a divorce lawyer is feasible assuming both parties have agreed to all the divorce terms and there is no dispute in between.

When Shared Representation Might Work:

In some cases, shared representation may be suitable if:

The divorce is amicable, and the terms are straightforward.
Both parties trust the lawyer and their ability to act fairly.
You’re confident you can communicate openly and honestly with your ex through the lawyer.

While sharing a lawyer may be a cost-saving measure, having your own lawyer offers significant advantages:

Independent Representation: You have your own divorce lawyer fighting for your specific interests and ensuring your rights are protected.
Personalized Guidance: You get individual attention and can openly discuss your concerns without fear of judgment or bias.
Confidence and Clarity: You have someone to explain legal complexities, guide you through the process, and answer your questions honestly.
Negotiation Expertise: Your lawyer can negotiate effectively on your behalf to ensure a fair and beneficial settlement.

Single Petition: Always Separate Lawyers?

In a single petition divorce, both parties must appoint their own divorce lawyer each. This ensures each spouse has their own legal counsel and protects their individual interests throughout the divorce proceedings.

Moving Forward with Divorce

Ultimately, the decision of whether to share a lawyer or have your own in a joint petition is a personal one. Consider the complexity of your divorce, your individual needs, and the level of trust you have in your soon-to-be ex.

Remember, seeking advice from a qualified divorce lawyer is crucial. They can assess your situation, explain your options, and recommend the best approach based on your unique circumstances.

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Exploring Divorce in Malaysia: A Guide to Joint and Single Petitions

December 12, 2023 by adminin BlogsLeave a Comment

Exploring Divorce in Malaysia A Guide to Joint and Single Petitions for Non-Muslims by TYH & Co. Best and Trusted Divorce Lawyer in Malaysia

Divorce can be a difficult decision and the legal process can be complex process for for non-Muslims in Malaysia.

Understanding the differences between a joint petition and a single petition can ease the process and help you choose the best option for your situation.

When to Choose a Joint Petition:

A joint petition is a faster and less expensive option when both spouses mutually agree to the divorce and all its terms. This includes:

Custody and visitation arrangements for children: This includes who will have physical custody of the children and how the other parent will maintain contact with them.
Division of matrimonial assets: This refers to the fair distribution of all assets acquired during the marriage, including property, investments, and debts.
Maintenance for spouse and children: This involves financial support for the spouse who needs it and for any children of the marriage.

Benefits of Joint Petition:

Faster divorce process: With both parties in agreement, the court proceedings are generally smoother and quicker, often concluding within a few months.
Reduced cost: Legal fees and court costs are lower compared to a single petition due to the simpler proceedings.
Reduced stress and conflict: Agreeing beforehand minimizes the emotional strain and potential conflict during the divorce process.
Avoiding mandatory counselling: Unlike single petitions, couples opting for joint petitions are exempt from attending mandatory counselling sessions at the National Registration Department (JPN).

Procedure for Joint Petition:

Consult a lawyer: Both spouses may appoint 1 lawyer jointly or consult with separate lawyers to ensure their individual rights are protected and to receive legal advice.
Negotiate terms: Agreement must be reached on all aspects of the divorce, including child custody, asset division, and maintenance.
Prepare petition: Lawyers will prepare a joint petition outlining the agreed terms and submit it to the Court in Malaysia.
Court hearing: Both spouses need to attend a court hearing, where the judge will review the petition and ensure it complies with legal requirements.
Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

When to Choose a Single Petition:

A single petition is necessary when:

One spouse does not agree to the divorce.
There is disagreement on any of the terms of the divorce.
You have attempted reconciliation but it failed.
Your spouse deserted you and cannot be located/found.

Procedure for Single Petition:

Consult a lawyer: Discuss your situation with a lawyer who will advise you on the legal grounds for divorce and the available options.
Refer to Marriage Tribunal: You must first attend counselling sessions at the JPN’s Marriage Tribunal in an attempt to reconcile under the law.
Obtain certificate: If reconciliation fails, the Marriage Tribunal will issue a certificate, which is mandatory for filing a single petition.
File petition: The lawyer will file a single petition in the High Court, outlining the grounds for divorce and the requested terms.
Court hearing: Both spouses need to attend court hearings, where evidence is presented and arguments are heard.
Judge’s decision: The judge will decide whether to grant the divorce and may modify any of the proposed terms after hearing from both parties.
Decree nisi: Once satisfied, the judge will grant a decree nisi, which is a conditional order of divorce.
Decree nisi made absolute: After three months, the decree nisi becomes absolute, and the divorce is finalized. Divorce certificate will be issued accordingly.

Benefits of Single Petition:

No need for consent of both parties: You can still file for a divorce even if your spouse doesn’t agree to the divorce or cannot be found.
Protects your rights: Filing a single petition ensures that your legal rights are protected even when your spouse disagrees.
Addresses specific issues: The single petition allows you to present your specific concerns and seek a favorable judgment.
Provides legal recourse: If your spouse refuses to cooperate, the court can enforce its orders and ensure a fair outcome.

Which one should I choose?

The best option for you will depend on your specific circumstances and the level of agreement you have with your spouse. Consider consulting with a divorce lawyer to understand the legal implications of each option and make an informed decision.

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How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims?

October 17, 2023October 17, 2023 by adminin BlogsLeave a Comment

How Long Does It Take to Get a Divorce in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce as a non-Muslims in Malaysia can be a complex and time-consuming process. The length of time it takes to get divorced will vary depending on a number of factors, including the type of divorce you are seeking, the complexity of your case, and the cooperation of your spouse.

Types of Divorce in Malaysia

There are two main types of divorce in Malaysia: contested and uncontested. A contested divorce is one in which the spouses cannot agree on the terms of the divorce, such as child custody, alimony, or the division of property. An uncontested divorce is one in which the spouses have agreed on all of the terms of the divorce.

Uncontested Divorce (or Joint Petition)

If you and your spouse are able to agree on all of the terms of your divorce, you can file for an uncontested divorce or commonly known as a joint petition. This is the fastest and simplest way to get a divorce in Malaysia.

To file for an uncontested divorce, you and your spouse must sign the divorce papers prepared by your divorce lawyer and file it with the court.

At the hearing, the judge will review the divorce terms and confirm all of the agreed terms. If the judge is satisfied that you and your spouse are in agreement, the court will grant the divorce.

Generally, a joint petition for divorce will take less than 3 months from the start of the process until the court hearing date.

Contested Divorce (or Single Petition)

If you and your spouse cannot agree on the terms of your divorce, you will need to file for a contested divorce. Contested divorces are more complex and time-consuming than uncontested divorces.

To file for a contested divorce, you must first file a single petition for divorce with the court. The petition for divorce must state the grounds for the divorce.

Your spouse will then be allowed to reply to the petition and defend him or herself accordingly.

During the hearing/trial, the court will then assess the case after hearing from both parties before making a decision. The court may even direct parties to go for a mediation in order to settle the case amicably.

In the event if grounds for divorce are met, the court will grant a divorce order.

A single petition for divorce will take around 6 to 9 months to complete. However, this will go beyond 9 months if the case is complex.

Tips for Expediting Your Divorce

If you are seeking a divorce in Malaysia, there are a few things you can do to expedite the process:

If possible, try to reach an agreement with your spouse on the terms of your divorce before filing for divorce. This will make the divorce process much faster, simpler and cheaper.
Be cooperative with your spouse and the court. This will help to avoid delays in the divorce process.

The length of time it takes to get a divorce in Malaysia will vary depending on a number of factors. However, there are a few things you can do to expedite the process. By following the tips above, you can increase your chances of getting a divorce quickly and efficiently.

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How to Calculate Alimony and Child Support in a Divorce in Malaysia

October 10, 2023 by adminin BlogsLeave a Comment

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce for non-Muslims.

Alimony, also known as spousal support, is money that one spouse pays to the other spouse to help them maintain their standard of living after the divorce.

Child support is money that one parent pays to the other parent to help support their children financially.

In Malaysia, alimony and child support are calculated based on a number of factors, including the needs of the spouse or child, the income of the paying spouse, and the length of the marriage.

How to Calculate Alimony

To calculate alimony, the court will first consider the needs of the spouse seeking alimony. This includes their basic living expenses, such as housing, food, and transportation, as well as any special needs they may have, such as medical expenses.

The court will then apply a number of factors to determine the amount of alimony to be paid. These factors include:

The length of the marriage
The age and health of the spouse seeking alimony
The standard of living that the couple enjoyed during the marriage
The earning capacity of the spouse seeking alimony
The ability of the paying spouse to pay alimony
The contribution of each spouse to the marriage
The degree of responsibility which each party has for the breakdown of the marriage.

How to Calculate Child Support

To calculate child support, the court will first consider the needs of the child. This includes their basic living expenses, such as housing, food, and clothing, as well as any special needs they may have, such as medical expenses or childcare costs. The court will also consider the income of both parents and their ability to pay child support.

The court will then apply a number of factors to determine the amount of child support to be paid. These factors include:

The number of children
The age of the children
The standard of living that the children enjoyed during the marriage
The earning capacity of each parent
The ability of each parent to pay child support
The contribution of each parent to the care of the children

Conclusion

Alimony and child support are two of the most important financial issues that need to be addressed in a divorce. It is important to understand that there is no fixed formula to calculate the amount payable. Therefore, it is best to speak with an experienced divorce lawyer to discuss your case since all cases are different.

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How to Choose the Right Divorce Lawyer for You

October 9, 2023 by adminin BlogsLeave a Comment

How to Choose the Right Divorce Lawyer for You by TYH & Co. Divorce Lawyer Malaysia

Going through a divorce is one of the most difficult experiences a person can go through. It is a time of great personal change and upheaval, and it is important to have the support of a team of experienced divorce lawyers to help you navigate the divorce process for non-Muslims.

One of the most important decisions you will make during your divorce is choosing a lawyer. The right lawyer can make a significant difference in the outcome of your case, and can help you protect your rights and interests.

What to look for in a divorce lawyer

When choosing a divorce lawyer, there are a few key factors to consider:

Experience: Choose a lawyer who has experience handling divorce cases. This means that they will be familiar with the divorce laws and procedures in Malaysia for non-Muslims, and they will know how to best represent your interests.
Reputation: Ask around for recommendations from friends, family, or colleagues. You can also read online reviews to get a sense of a lawyer’s reputation among their clients.
Communication style: It is important to feel comfortable communicating with your lawyer. Make sure to choose a lawyer who is responsive to your questions and concerns, and who explains things to you in a way that you can understand.
Fees: Lastly, it is important to discuss fees upfront with your lawyer so that there are no surprises down the road.

How our law firm offers a personal touch

At Tam Yuen Hung & Co., we understand that divorce is a difficult time for our clients. That is why we offer a personal touch to all of our divorce cases. We take the time to get to know our clients and their individual needs, and we work closely with them to develop a strategy that meets their goals.

We are also committed to keeping our clients informed and involved throughout the divorce process. We explain the law and the process in a clear and concise way, and we answer all of their questions in a timely manner.

We believe that communication is key to a successful divorce. We are available to our clients by phone, email, or in person.

Here are some specific examples of how we offer a personal touch to our clients:

We offer a free initial consultation (via WhatsApp) so that you can get to know us and learn more about our services.
We assign a dedicated team of divorce lawyers to your case, so that you always have someone to talk to who is familiar with your situation.
We are responsive to your calls, emails, and texts, and we make sure to keep you updated on the status of your case.
We work with you to develop a personalized strategy that meets your individual needs and goals.
We explain the law and the divorce process to you in a clear and concise way, and we answer all of your questions in a timely manner.

If you are considering a divorce, we encourage you to contact our divorce lawyer for a free initial consultation via WhatsApp to understand your case better.

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Essential Divorce Terms in Malaysia for Non-Muslims

September 22, 2023September 22, 2023 by adminin BlogsLeave a Comment

Essential Divorce Terms in Malaysia for Non-Muslims by TYH & Co. Divorce Lawyer Malaysia

Getting a divorce may be a taboo topic for some. However, it is inevitable if you think that getting a divorce may be the best option available rather than remaining in a troubled marriage.

Non-Muslim divorces in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976. Essentially, there are a number of different divorce terms that you may need to discuss with your spouse if you wish to get a divorce.

In this article, we will provide a comprehensive guide to the different divorce terms that you need to discuss if you are a non-Muslim contemplating to get a divorce in Malaysia.

Divorce Terms to Discuss

Here are some of the most important divorce terms that you need to discuss with your spouse:

Child custody: If you have children, you will need to decide who will have custody of them after the divorce. This can be a complex issue. Remember that it is very important to reach an agreement that is in the best interests of your children and not your personal interest.
Access and visitation rights: Generally, the non-custodial parent will be granted reasonable access and visitation rights. Parties can also come to an agreement on specific time and day of visit, rights to go on holiday with the children and even specific days of access during festivals or school holidays.
Child support: The non-custodial parent is typically required to pay child support to the custodial parent. The amount of child support is determined on a case-by-case basis, taking into account a number of factors, such as the income of both parents and the needs of the children.
Alimony/Spousal support: A husband is required to pay alimony to the wife under the law. The amount is based on the needs and means of parties. Do take note that the amount must be reasonable and spousal support will automatically cease under the law if the wife remarries or living in adultery with another man.
Division of property: The court will also divide the matrimonial property between the two spouses based on contribution of parties. It is important to note that the development of law has required that non-monetary contribution (such as cooking or taking care of the family) shall be treated as contribution as well.
Miscellaneous: Every divorce case is different and parties are free to agree on any other divorce terms or agreement between them, as long as it is fair and reasonable. However, the court may also inquire into the agreed terms to ensure fairness for both parties.

Tips for a Smooth Divorce

Here are some tips on how to make the divorce process as smooth and stress-free as possible:

Be honest and open with your spouse: It is important to be honest and open with your spouse about your reasons for wanting a divorce. This can help to reduce conflict and make the negotiation process easier.
Be willing to compromise: It is unlikely that you will get everything you want in a divorce. Be willing to compromise on some issues in order to reach an agreement that you can both live with.
Seek legal advice: It is important to seek legal advice from a divorce lawyer before finalizing your divorce. A divorce lawyer can help you to understand your rights and obligations during the process.

If you are a non-Muslim getting divorced in Malaysia, it is important to be aware of the different divorce terms that you need to discuss with your spouse. By being honest and open, willing to compromise, and seeking legal advice from a divorce lawyer, you can make the divorce process as smooth and stress-free as possible.

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9 Things You Must Know About Non-Muslim Divorce in Malaysia

August 25, 2023 by adminin BlogsLeave a Comment

9 Things You Must Know About Non-Muslim Divorce in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Divorce can be a difficult and emotional process for anyone. Here, we unravel 9 things you must know about non-Muslim divorce in Malaysia, aiming to provide clarity and insight into the process and the rights and responsibilities it entails.

Applicable Law: Non-Muslims in Malaysia are subject to the Law Reform (Marriage and Divorce) Act 1976, which governs divorce proceedings, including issues related to matrimonial property, custody, and maintenance.
Grounds for Divorce: Under this act, you can file for divorce on several grounds, including adultery, unreasonable behaviour, desertion, and living separately for at least two years.
No Ground Needed If Divorce is Mutual: There is no need to give ground for divorce if the divorce terms are agreed between parties.
Counseling: Before filing for divorce, non-Muslim couples are required to attend counseling sessions preferably conducted by the National Registration Department of Malaysia (NRD). This is aimed at exploring reconciliation possibilities.
Filing for Divorce: You can initiate divorce proceedings by filing a divorce petition in the Civil Court. Consult with a lawyer to guide you through the process.
Property Division: The court will consider the division of marital assets and property based on contributions of parties and are typically divided fairly, not necessarily equally.
Child Custody: The court will decide child custody arrangements based on the child’s best interests. It may grant joint or sole custody, considering factors like parental capability and the child’s wishes. The court will favor the mother if the child is below the age of 7.
Child Maintenance: Both parents are legally obligated to provide child maintenance, as per the Law Reform (Marriage and Divorce) Act 1976. The amount and terms are determined by the court, taking into account the child’s needs and the parents’ financial capacity.
Maintenance for Spouse: The court may order one spouse to provide maintenance for the other if it is deemed necessary, based on factors like the duration of the marriage, reason for the breakdown of marriage and financial circumstances.

Remember that divorce can be emotionally and financially challenging. If you are a non-Muslim in Malaysia and you are considering divorce, it is important to understand your rights and options. You should also seek legal advice to ensure that you are protected throughout the process.

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Can You Claim Compensation for Adultery in Malaysia?

August 21, 2023 by adminin BlogsLeave a Comment

Can You Claim Compensation for Adultery in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Have you been cheated on by your spouse? If so, you may be wondering if you can claim compensation from the person they cheated with.

Adultery is one of the grounds for divorce in Malaysia for non-Muslims. If your spouse cheated on you, you may be able to claim compensation from the person they cheated with (the co-respondent).

To claim compensation, you must first file a divorce petition and name the co-respondent as a party to the case. You will also need to provide evidence that your spouse committed adultery. This evidence could include:

Eyewitness testimony from someone who saw your spouse having an affair
Text messages or emails between your spouse and the co-respondent showing that they were committing adultery
Hotel receipts or credit card statements that show your spouse and the co-respondent were together at the same time.
Photos or videos of your spouse cheating and others

If the court finds that your spouse committed adultery, they may award you compensation. The amount of compensation will depend on the specific circumstances of your case.

If you are considering claiming compensation for adultery, it is important to speak to a lawyer to discuss your case. A lawyer can help you understand the law and your legal options.

Here are some other things to keep in mind about claiming damages for adultery in Malaysia:

The burden of proof is on you to prove that your spouse committed adultery.
You must also prove that the adultery caused the breakdown of your marriage.

If you are considering claiming damages for adultery in Malaysia, it is important to weigh the pros and cons carefully. You should also speak to a divorce lawyer in Malaysia to discuss your case and get legal advice.

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The Best Way to Get Child Custody in Malaysia

August 7, 2023August 7, 2023 by adminin BlogsLeave a Comment

The Best Way to Get Child Custody in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Child custody is one of the most important issues that parents must address when they divorce for non-Muslims.

In Malaysia, the law states that the welfare of the child is the paramount consideration in determining custody. This means that the court will look at what is in the best welfare for the child and also a number of factors to determine which parent is best suited to care for the child, including the child’s age, needs, and wishes.

There are two main types of child custody in Malaysia:

Joint custody: This means that both parents share equal responsibility for the child’s upbringing. This can include sharing decision-making authority, such as where the child will live and what school they will attend, as well as sharing physical custody, such as spending equal amounts of time with the child.
Sole custody: This means that one parent has sole responsibility for the child’s upbringing. This parent will have the final say on all decisions regarding the child, and the other parent will only have visitation rights.

The best way to get child custody in Malaysia is to reach an agreement with your spouse. This can be done through mediation or negotiation. If you are unable to reach an agreement, either party may file a custody application to the court and the court will decide who should have custody.

Here are some tips on how to get child custody in Malaysia:

Gather evidence: Gather evidence that shows that you are the best parent for your child. This could include things like medical records, school reports, and letters from friends and family members who can attest to your parenting skills. Other than that, it is also helpful if you can provide evidence to show that the other parent is unfit to take care of your child such as proofs of drug addiction, violence etc.
Hire a lawyer: It is important to hire a lawyer who is experienced in child custody cases. Your lawyer can help you gather evidence, negotiate with your ex-spouse, and represent you in court.
Be prepared to compromise: It is unlikely that you will get everything you want in a child custody case. Be prepared to compromise with your spouse in order to reach an agreement that is in the best interests of your child.
Be patient: The process of getting child custody can be long and frustrating. Be patient and persistent, and you will eventually achieve your goal. Remember that the ultimate goal is to achieve what is the best for the child.

Here are some additional things to keep in mind when seeking child custody in Malaysia:

The age of the child: The older the child, the more likely the court will take their wishes into account if he/she can give independent opinion.
The child’s needs: The court will consider the child’s physical, emotional, and educational needs when making a custody decision.
The parents’ parenting skills: The court will consider the parents’ ability to provide a safe and stable home for the child.
The parents’ relationship with the child: The court will consider the parents’ relationship with the child and how well they communicate with each other.

If you are seeking child custody in Malaysia, it is important to be aware of the law and your rights. You should also be prepared to gather evidence, hire a lawyer, and be patient. By following these tips, you can increase your chances of getting the custody arrangement that is best for your child.

Conclusion

Getting child custody in Malaysia can be a complex and challenging process. However, by following the tips in this article, you can increase your chances of achieving your goal. Remember, the welfare and best interests of the child are always the paramount consideration.

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What to Do If You Receive a Divorce Petition in Malaysia

August 4, 2023August 4, 2023 by adminin BlogsLeave a Comment

What to Do If You Receive a Divorce Petition in Malaysia by TYH & Co. Divorce Lawyer Malaysia

Receiving a divorce petition can be a very stressful and emotional experience. It is important to remember that you are not alone, and there are steps you can take to protect your rights and interests.

In Malaysia, divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (Act 164). The Act provides that a divorce may be granted on the ground that the marriage has irretrievably broken down.

If you receive a divorce petition, you will need to file a response AS SOON AS POSSIBLE. In your response, you can either contest the petition or agree to the divorce. Either way, it is advisable to appoint a lawyer to ensure that your rights are protected.

If you agree to the divorce, the court will then proceed to make a decree nisi. This is a preliminary decree that will become absolute after three months. Once the decree nisi is made absolute, the marriage will be dissolved.
If you decide to contest the divorce, then your lawyer may need to get details such as reason for breakdown of the marriage, what you wish to claim for and defend your matter appropriately.

There are a number of things you should do if you receive a divorce petition:

Consult with a lawyer. A lawyer can advise you of your rights and responsibilities under the law, and help you to prepare your response to the petition.
Gather evidence. If you are contesting the petition, you will need to gather evidence to show that the marriage has not irretrievably broken down. This evidence could include things like letters, emails, or photographs that show that the spouses are still living together as husband and wife.
Consider mediation. Mediation is a process where the spouses meet with a neutral third party to try to reach an agreement on the terms of the divorce. Mediation can be a helpful way to resolve disputes quickly and amicably.
Seek support. Divorce can be a very difficult time, and it is important to seek support from friends, family, or a therapist. There are also a number of support groups available for people going through divorce.

If you are facing a divorce, it is important to remember that you are not alone. By taking steps to protect your rights and interests, you can help to ensure that the divorce process is as smooth and equitable as possible.

In addition to the above, here are some other things you should keep in mind if you receive a divorce petition in Malaysia:

If you have children, the court will make orders for custody, access, and maintenance. The court will always consider the best interests of the child when making these orders.
The court will also make orders for property division, spousal maintenance, debt repayment (if any) and others.
The divorce process can take several months or even years to complete. It is important to be patient and to work with your lawyer to ensure that your case is handled properly.

Divorce can be a very difficult time but if you appoint the right divorce lawyer and take steps to protect your rights and interests, the divorce process will be as smooth and equitable as possible.

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