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Divorce Guide

Can You Divorce if Your Spouse Has Deserted You?

When a spouse who left two or more years ago gives you grounds to divorce, and how to prove it.

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2 min readUpdated 7 Oct 20262 sourcesLaw Reform (Marriage and Divorce) Act 1976
Contents

What is desertion?

Under Section 54(1)(c) of the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976), you can prove your marriage has broken down if your spouse has deserted you for a continuous period of at least two years immediately before you file your petition. It is used in a single petition, where one spouse files alone.

Desertion means your spouse chose to stop living with you, without your agreement and without good reason, intending to end the marriage.

You need to show three things:

  • your spouse physically left
  • you did not agree to it
  • your spouse meant to end the marriage

How do you prove it?

Useful evidence includes:

  • messages or letters showing you tried to reconcile
  • statements from family members or neighbours
  • records of when your spouse left
  • proof that you stayed in the family home while your spouse lived elsewhere

If your spouse left Malaysia, immigration records, message records or statutory declarations from people who know the facts can help. The court looks at all the evidence together.

Does the two years have to be unbroken?

Yes. Section 54(1)(c) requires a continuous period of at least two years immediately before you file. The Act does not set any extra rule about a period of living together again during desertion.

If your spouse came back for a time, ask a lawyer how this affects the two years before you file.

What is constructive desertion?

Sometimes the spouse who stays is treated as the deserter. This happens when one spouse’s behaviour is so bad that it forces the other to leave, for example persistent cruelty or refusing to support the household.

In that case, the spouse who left may argue that the one who stayed deserted them. If you were forced out of the home, ask a lawyer whether this applies to you.

What should you do now?

Write down the date your spouse left, keep records of any contact, and note any attempts to reconcile. Statements from family or friends who saw what happened are valuable.

Also check whether another ground fits better. If you have lived apart for two continuous years, the separation ground under Section 54(1)(d) may be simpler, and it does not need your spouse’s consent. Our guide to divorce procedure explains the options.

Looking to engage a divorce lawyer? If you are unsure whether your spouse’s leaving counts as desertion, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

What counts as desertion under Malaysian divorce law?
Your spouse left you without your agreement, without good reason, and meaning to end life together. It must have lasted for a continuous period of at least two years immediately before you file.
Does my spouse need to have left the country?
No. Your spouse can still be in Malaysia. What matters is that they left the shared home and the marriage and have refused to come back.
What if my spouse left because of my behaviour?
If your own unreasonable behaviour drove your spouse out, the court may treat you as the one who deserted. This is called constructive desertion, and your spouse may then be the one with grounds to file.

Related reading

Contested Divorce in Malaysia: Filing Alone

A contested divorce in Malaysia lets one spouse file alone under Section 53 of the LRA 1976. The four facts you must prove, the steps, costs and what to prepare.

How Does a Contested Divorce Work in Malaysia?

The contested divorce process in Malaysia step by step: conciliation, filing a single petition, trial, interim orders, decree nisi and decree absolute.

Can You Divorce on Grounds of Adultery in Malaysia?

Adultery as a ground for divorce in Malaysia under Section 54(1)(a) of the LRA 1976: the two things to prove, the evidence courts accept and the process.

How Civil Divorce Works in Malaysia: Steps and Timeline

The civil divorce process in Malaysia under Act 164: joint and single petitions, JPN conciliation, decree nisi, timelines and the documents you need.

Living Apart as a Ground for Divorce in Malaysia

Living apart for two continuous years is a ground for divorce in Malaysia. See what counts as living apart and how to prove when your separation began.

Unreasonable Behaviour as a Ground for Divorce

Unreasonable behaviour as a ground for divorce under Section 54(1)(b) LRA 1976: what counts, how the court decides and what evidence you need in Malaysia.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.

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