Frequently Asked Questions
Do I really need a Lawyer?
To ensure your rights and benefit are protected, your definitely a lawyer, to the least advice you on the procedures and outcome.
Are you the right lawyer for me?
If you are seeking for the family disputes i.e divorce, child custody or child adoption, then YES, Messrs Shanker Sundaram awaits your call.
How will I be kept informed about my case?
A standard email will be sent at the end of every case management, mentions, hearing and proceedings. Subsequently, our lawyers will also call you from time to time, to keep you updated.
How can I contact your office?
You shall contact us through at 017 6133 214 (call or Whatsapp Messenger) or drop an email at skshanker@hotmail.com
How is child custody determined?
Child below 7 years old are presumably to be fostered, raised and nurtured by the natural mother. However, the circumstances of the facts does allow the presumption to be rebutted by the father and/or any other interested parties recognized under the law.
How long does it take to get a divorce?
If parties are agreeable to all the proposed terms i.e divorce, child custody, child access, child maintenances, division of matrimonial properties and maintenance for the wife, then a Joint Petition shall be filed and the said matter could be concluded within 6-8 weeks from the date of filing of the Petition.
What if My husband/wife is not agreeable to my proposed divorce terms?
Parties will be referred to counselling sessions, at JPN. Subsequently, a Single Divorce Petition could be filed stating the proposed terms by one party, which is subject to the discretion of the Court in allowing the same.
My husband is in Prison. Can I get a divorce without his presences or consent?
CAN. The the said circumstances fall under exemption given under Sec 106 of The law Reform Marriage and Divorce Act 1967 to which a Petition for divorce shall be presented before the court. Contact us for more details on this.
My husband/wife is residing in overseas and shall not return to Malaysia in the nearest future. Can I get a divorce without his presences or consent?
CAN. The the said circumstances fall under exemption given under Sec 106 of The law Reform Marriage and Divorce Act 1967 to which a Petition for divorce shall be presented before the court. Contact us for more details on this.
My husband/wife is missing and I am not sure of his wherebouts. Can I get a divorce without his presences or consent?
CAN. The the said circumstances fall under exemption given under Sec 106 of The law Reform Marriage and Divorce Act 1967 to which a Petition for divorce shall be presented before the court. Contact us for more details on this.
My husband/wife is suffering from incurable mental illness. Can I get a divorce without his presences or consent?
CAN. The the said circumstances fall under exemption given under Sec 106 of The law Reform Marriage and Divorce Act 1967 to which a Petition for divorce shall be presented before the court. Contact us for more details on this.
My husband/wife has failed to attend the counselling session at JPN. Can I get a divorce without his presences or consent?
CAN. The the said circumstances fall under exemption given under Sec 106 of The law Reform Marriage and Divorce Act 1967 to which a Petition for divorce shall be presented before the court. Contact us for more details on this.
Is it mandatory to for husband/wife to agree/consent for divorce in a divorce to obtain divorce?
A divorce may obtain based on the circumstances of the case and facts leading to breakdown of marriage. A disagreement of a party to dissolve the marriage is not relevant.