What Needs To Be Understood Before Deciding To End A Marriage

If a number of efforts have been made to maintain a household that was built in a marriage bond, but still you and your partner feel divorce is the best way, along with information related to the divorce process that needs to be passed.

I. Procedure for divorce in the District Court:

• The divorce suit is filed by the plaintiff or his attorney in a court where the jurisdiction covers the defendant’s residence, unless the defendant does not know the residence or the defendant abroad so the lawsuit must be filed in the court of the plaintiff’s residence;

• Judicial review by the judge;

• Divorce is decided by the judge;

• The divorce decision is registered with the Registrar.

II. Procedure for divorce in the Religious Courts:

1.In the case of the husband as the applicant (Divorce Divorce):

• A husband who is going to divorce his wife submits a request to the Court to hold a hearing to witness the divorce pledge in the Court where the respondent’s residence (wife) is. Except if the respondent deliberately leaves the place of residence determined together without the permission of the applicant;

• In the case where the respondent lives abroad, the application is submitted to the Court whose jurisdiction covers the applicant’s residence;

• In the case of the applicant and the respondent residing overseas, the application is submitted to the court whose jurisdiction covers the place of their marriage or to the Central Jakarta Religious Court.

2. In the case of the wife as the plaintiff (Divorced Divorce):

• The divorce claim is filed by the wife or proxy to the court whose jurisdiction covers the place of residence of the plaintiff (wife), except if the plaintiff intentionally leaves the joint residence without the permission of the defendant (husband);

• In the case of the plaintiff residing abroad, the divorce suit is filed with the court whose jurisdiction covers the defendant’s residence;

• In the case of the plaintiff and the defendant residing overseas, the lawsuit is filed with the court whose jurisdiction covers the place of their marriage

• The next process for both Divorce Divorce and Divorce Divorce is:

• Judicial Examination;

• Judgment of peace between the two parties (mediation);

• In the event that both parties are no longer reconciled and there is sufficient reason for divorce, divorce pledge is pronounced or divorce is terminated;

• Determination of the Judge that the marriage is broken;

• The divorce decision is registered with the Registrar.

In short, this is a review of legal ways of divorcing a partner in Indonesia. But considering the complicated and lengthy process, you should be accompanied by one or more advocates. Especially because the divorce process is very emotionally involved between the couples. Therefore it is highly recommended to have an advocate.

To find an advocate, you can use legal aid services from the nearest legal aid organization or through law firms that have legal services in the field of family law.

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