Can I divorce if married less than 2 years?

How can I file for divorce? We got married because she was pregnant. After marriage, we are not in good relationship. We are married less than 2 years and have 2 children.

How is the law right now? I want to divorce and how to file divorce? If I sign the divorce petition but she refuses to, what will happen? Is it still active after 2 years. Where should I do my filing?

How long it takes to complete the whole divorce procedure? I don't want to drag on so long on this matter.

You can only file your divorce petition after 24 month from the date on marriage certificate.

Before you file your divorce petition in court, you need to register with Jabatan Pendaftaran Negara (JPN) for marriage tribunal or counselling where if they fail to save your marriage, JPN will issue a certificate stating that they failed to do so. You can then proceed with divorce petition. Hopefully, they are able to help you solve your family problems.

Jabatan Bantuan Guaman, under the Malaysian Government, provides free legal service for low income group.

If your annual income is less than RM25,000, free legal service will be provided. However, if your annual income is more than RM25,000 but less than RM30,000, you'll have to pay RM300 only.

If your income is more than RM30,000, you are not qualified for legal service by the Jabatan Bantuan Guaman. You'll have to get your own lawyer and pay for full legal costs.

The divorce procedure can be completed in shorter time (6-9 months) if it's join petition where both of you mutually agree and sign the petition.

There are exceptions where you can file for divorce before 2 years. But by the time your application for dispensation of the 2-year period if heard and an order is given by the court, the 2 years are up. Therefore, might as well just wait.

An option is to live separately during the waiting period then file as soon as time frame is up.