Civil Divorce in Sabah: Courts, Travel and Steps

Where are Sabah divorces heard?

If you married under the Law Reform (Marriage and Divorce) Act 1976, you end the marriage through a civil divorce. In Sabah, these cases are usually handled at the High Court in Sabah and Sarawak at Kota Kinabalu.

The court serves families from across the state, including Sandakan, Tawau and Lahad Datu. Sandakan and Tawau also have their own High Court registries, and your lawyer can confirm which one applies to you.

Many couples start with a joint petition. You agree on custody, maintenance and dividing property before filing, which means less conflict and less time in court.

What if my spouse does not agree?

If you cannot agree, you can file a contested divorce. It goes through the same court but takes longer. You must show the marriage has broken down through one of these facts:

• Adultery
• Unreasonable behaviour
• Desertion for at least two years
• Living apart for at least two years (your spouse’s consent is not needed)

Each fact needs its own evidence. A lawyer can help you choose the one that fits and prepare what you need.

How is child custody decided?

Child custody is decided on the child’s welfare, under Section 88 of the LRA 1976. The court looks at each parent’s ability to care for the child, the child’s wishes if they are old enough, and how stable each home is.

Courts look well on parents who agree on custody. A settlement reached by negotiation is usually easier on everyone, especially the children.

Travelling to the Kota Kinabalu court

If you live in Sandakan, Tawau or Lahad Datu and your hearing is in Kota Kinabalu, book travel and a place to stay early. You may need to attend in person. Regular flights and buses link the main towns to Kota Kinabalu.

Your lawyer can try to line up hearing dates so you make fewer trips. On the day, arrive early, as court usually starts at 9:00 am.

What documents should I prepare?

• Your original marriage certificate
• ID documents for both of you
• Any written agreement you have already reached
• If you have children: their schooling, healthcare and living arrangements

If you live outside Kota Kinabalu, have everything ready before you travel so each meeting with your lawyer counts.

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