Introduction

Divorce is never an easy decision. Apart from the emotional impact, many couples in Malaysia wonder: how long does the divorce process actually take?

​The answer depends on whether the divorce is filed jointly (both parties agree) or through a single/contested petition (one party files, the other disputes).
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This article breaks down the timelines, procedures, and key factors that influence the duration of a divorce in Malaysia.

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Joint Divorce Petition (Mutual Divorce) Timeline

Average Timeline: 3-6 months

​When both husband and wife agree to end the marriage, the process is much faster and straightforward.
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Step 1: Preparation of Divorce Papers (1-2 weeks)

• A divorce lawyer prepares the Joint Petition, including terms on custody, maintenance, and division of assets.
• Both parties review and sign before it is filed in court.

Step 2: Court Filing & Hearing Date (1-2 months)

• The petition is filed at the High Court of Malaya.
• A hearing date is fixed, usually within 3-8 weeks depending on court availability.

Step 3: Court Hearing & Decree Nisi (Same Day)

• Both spouses must attend the hearing.
• The judge reviews the petition and, if satisfied, grants a Decree Nisi (provisional divorce order).

Step 4: Decree Absolute (3 months after Decree Nisi)

• After 3 months, the Decree Nisi is converted into a Decree Absolute, legally finalising the divorce.

✅ Total duration: approximately 3–6 months.

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Single Petition / Contested Divorce Timeline

Average Timeline: 9 months - 2 years (or longer in complicated cases).

​If one spouse does not agree to the divorce or disputes terms (custody, property, maintenance), the procedure is longer and more complex.

Step 1: JPN Reconciliation / Marriage Tribunal (4-6 months)

• Before filing a single divorce petition, the law requires couples to attend the Marriage Tribunal at Jabatan Pendaftaran Negara (JPN).​
• The tribunal will attempt reconciliation and may require both parties to attend sessions.
• If reconciliation fails, the tribunal issues a certificate of non-reconciliation, which must be attached to the divorce petition.
• This step typically adds 4-6 months to the timeline.
• Further reading: Can You Get a Divorce at JPN or Only Through the Court?

Step 2: Filing of Divorce Petition (1–2 months)

• One party files a Single Petition citing grounds such as adultery, desertion, or irretrievable breakdown.
• The petition is served on the other spouse.

Step 3: Case Management (2–4 months)

• The court fixes case management sessions.
• Both sides may file affidavits and supporting documents.

Step 4: Trial / Hearing of Contested Issues (6–12 months)

• If custody, maintenance, or asset division is disputed, a trial is held.
• Witnesses may be called, including financial experts or child welfare officers.

Step 5: Court Decision & Decree Nisi (varies)

• The judge delivers a decision.
• A Decree Nisi is granted if divorce grounds are proven.

Step 6: Decree Absolute (after 3 months)

• The divorce becomes final once converted to a Decree Absolute.

Note: In reality, contested divorces often stretch beyond a year due to adjournments, delays in evidence, or appeals.

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Factors Affecting Divorce Duration in Malaysia

1. ​Type of Divorce: Joint petitions are much faster.
2. Court Schedule: Availability of hearing dates differs by state.
3. Disputes Over Children: Custody and maintenance can prolong cases.
4. Property & Asset Division: Contested ownership or valuation can cause significant delays.
5. Lawyer Efficiency: Engaging an experienced divorce lawyer ensures fewer errors and smoother filings.
6. Cooperation of Both Parties: The more cooperative, the quicker the process.

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​​Can Divorce Be Rushed or Expedited?

• Joint Petition: Generally, it cannot be rushed because the law requires a 3-month waiting period between Decree Nisi and Decree Absolute.
• Contested Divorce: Courts may prioritise urgent matters (e.g. child safety), but the overall timeline still depends on evidence and hearings.

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​How do you get a ​fast and quick divorce in Malaysia

The answer is by filing a joint divorce petition to the High Court of Malaya.

In order to get a fast divorce in Malaysia, you will need to fulfil ALL of the following non-exhaustive and general requirements in order to file a joint divorce petition: -

1. Your marriage must have been registered for at least two (2) years;
2. You and your partner must have agreed to a divorce;
3. You and your partner must have agreed to the arrangement as to your children (if any);
4. You and your partner must have agreed to the arrangement as to the matrimonial properties (if any);
5. You and your partner must have agreed to the amount of the monthly spousal maintenance (if relevant); and
6. You and your partner must not have any other terms and conditions which either of you does not agree to.​

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​Frequently Asked Questions (FAQs)

Q1: How long does a joint divorce take in Malaysia?

• A joint divorce usually takes around 3-6 months from filing to final order, depending on court scheduling.

Q2: How long does a contested divorce take?

• A contested divorce can take 9 months to over 2 years, especially if custody or property disputes are involved.

Q3: Is there a mandatory waiting period for divorce in Malaysia?

• Yes. Even after the court grants a Decree Nisi, you must wait 3 months before it becomes a final Decree Absolute. This is intended as a cooling-off period to allow reconciliation.
• That said, in some situations the court has discretion to shorten or dispense with this period if there are strong reasons to do so.
• Our lawyers will assess your case and let you know whether an application for early finalisation is appropriate.

Q4: Can I file for divorce within 2 years of marriage?

• Not usually. The law restricts divorces within 2 years, unless you prove exceptional hardship or depravity.
• Learn more: Can I Get a Divorce Within 2 Years of Marriage in Malaysia?

Q5: What factors make a divorce case longer?

• Disputes over custody, division of property, or maintenance are the main reasons for lengthy cases. Court backlogs may also cause delays.

Q6: Can I get divorced in less than 3 months?

• The law requires a minimum 3-month gap between Decree Nisi and Decree Absolute. In certain circumstances, our lawyers may be able to apply to the court for a waiver or reduction of this period, so that the Decree Nisi can be made absolute earlier.
• Whether the exemption is granted depends on the judge’s discretion and the reasons provided. 
• We will advise you based on your individual circumstances.

Q7: Do both spouses need to attend court?

• For a joint divorce, yes, both must attend the hearing. In a single divorce, the petitioner must attend, while the respondent can be represented by a lawyer.

Q8: Can divorce be finalised faster if both parties fully cooperate?

• Yes. The more cooperative both spouses are, the quicker the process, especially in joint divorces.

Q9: Does hiring a divorce lawyer make the process faster?

• Yes. Lawyers ensure proper filing, fewer errors, and better case management, which can shorten delays.

Q10: How long after divorce is my marital status updated in JPN records?

• After the Decree Absolute is issued, your lawyer will update the record with Jabatan Pendaftaran Negara (JPN), usually within a few weeks.

​Why Choose TEH & YU as Your Divorce Lawyers in Malaysia

At TEH & YU, we recognise that every divorce is unique. Each client has their own circumstances, priorities, and concerns. That is why our divorce lawyers take the time to listen carefully and develop a customised strategy tailored to your needs.

Our team is fluent in both English and Mandarin Chinese, making us the ideal choice for clients who are more comfortable in either language. Clear communication is at the heart of what we do: we ensure that you are informed, supported, and involved at every stage of the process.

We also understand that divorce is not just a legal process but also an emotional journey. Our role goes beyond paperwork and court appearances. We provide the guidance, reassurance, and representation you need to face this challenging time with confidence.

​If you are going through a divorce, let our dedicated lawyers help you make the process as smooth and seamless as possible.

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