Malaysia Family Law / Divorce Law | If You Have Already Gone to Court for Child Custody,
Can You Skip JPN in Divorce Proceedings❓Part 2

Many people attempt to link “custody orders” with “divorce proceedings,” assuming that if both parties are already complying with a custody order, the divorce process should become simpler, or even qualify for procedural exemptions.

However, in essence, these remain separate matters.
If both parties comply with the custody order—maintenance is paid, visitation arrangements are followed, and everything proceeds according to the order—then legally there is no breach of order. Since there is no violation, the matter itself has already been properly settled. It does not automatically affect the marital status, nor does it become a shortcut for divorce proceedings.

In other words, custody concerns child arrangements; marriage concerns the legal status of the spouses. Even if custody matters are properly handled, it does not mean the marriage issue has been resolved. The two cannot be conflated.

So, if a divorce application is now filed and certain procedural exemptions are sought (such as required notifications or formalities), how long will the process generally take?

Generally:

If everything proceeds smoothly and the other party does not object or challenge, the process takes approximately 3 months.
If the other party raises objections or contests the application, the process may extend to 4–5 months or longer.

There are also situations where the other party is absent or cannot be located, such as:

📌 The other party has gone missing or cannot be contacted
📌 The other party is abroad
📌 The other party is imprisoned
📌 The other party suffers from severe mental illness

In such special circumstances, additional procedures may be required, such as exemption from certain service requirements. However, even then, the law must be followed step by step. It is not because a custody case previously existed that procedural simplification is automatically granted.