Civil Divorce in Kota Kinabalu: How It Works in Sabah

Who can file for civil divorce in Kota Kinabalu?

Civil divorce under the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) is for non-Muslim marriages registered in Malaysia. If your marriage is one of these and you live in Kota Kinabalu, this is the law that applies to you.

A lawyer in Kota Kinabalu can explain your rights and what each stage involves.

Which court hears the case?

Civil divorce petitions from Kota Kinabalu are usually filed at the High Court in Sabah and Sarawak at Kota Kinabalu. This court comes under the Chief Judge of Sabah and Sarawak and is separate from the High Court of Malaya, which serves the Peninsula.

The court is in the city and can be reached by car or public transport. Your lawyer handles the filing and tells you about hearing dates.

What are your options?

If you both agree to end the marriage, a joint petition divorce is usually the smoothest route. You file together, which saves time and cost and is easier on the family.

If you cannot agree, one spouse can file a contested divorce. You must prove the marriage has broken down, for example through adultery, unreasonable behaviour, desertion or at least two years of living apart. The court hears both sides before granting a divorce.

How is child custody decided?

In child custody cases, the child’s welfare comes first. The court looks at the child’s age and emotional needs, each parent’s ability to care for them and how stable the proposed home is.

If you and your spouse agree on custody, the court will usually approve your arrangement. If not, the court decides based on the evidence.

Why a lawyer who knows the Sabah courts?

The law is the same as in the Peninsula, but the Sabah and Sarawak courts have their own procedures. A local lawyer knows how they work and can act for you at the High Court in Sabah and Sarawak.

Looking to engage a divorce lawyer? If you are unsure whether a joint petition is possible for you, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.