Divorce Procedure in Kota Kinabalu

The divorce procedure in Kota Kinabalu

A civil divorce follows set steps: file a petition, serve it on your spouse, attend court and receive a decree. The steps in Kota Kinabalu are the same as anywhere in Malaysia, at your local High Court.

If you both agree, you can file a joint petition. If not, one spouse files a single petition.

From filing to decree

A joint petition is filed under section 52 of Act 164. A single petition is filed under section 53, usually after conciliation, and involves affidavits and a hearing.

The court first grants a decree nisi. Under section 61, it cannot become final (a decree absolute) until three months later, unless the court sets a shorter time.

How long it takes

A joint petition often takes three to six months from filing to decree absolute. A contested case usually takes longer.

Legal fees depend on your lawyer and how complex your case is.

Filing in Kota Kinabalu

Petitions from Kota Kinabalu are filed at the High Court in Sabah and Sarawak at Kota Kinabalu. Sabah is in East Malaysia, where the High Court in Sabah and Sarawak has its own rules and court lists.

Local court schedules affect timing, so ask about current waiting times.

Read more

For the full national guide, see Divorce Procedure. For filing details in Kota Kinabalu, see civil divorce information for Kota Kinabalu.

Looking to engage a divorce lawyer? If you are unsure which route fits your situation, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.