If you think divorce is the best possible solution for you, many things that should be included into a consideration. In Indonesia, you need to determine court jurisdiction responsible to dissolve a marriage. We have two courts here i.e. district court, and religious court. You file your divorce application at a district court if you're married in Non Moslem ceremonies. Application for your divorce should be filed at the religious court, if you're married in Moslem ceremony.
Talaq or Divorce Application
Article 38 of Marriage Law imposed that a marriage can be dissolved due to death, divorce and a court decree. As for Moslem couples, a marriage dissolution via divorce can be done with Talaq or divorce application. They are the same. One of a kind. It consists about your marital situation that can lead the judge to dissolve your marriage. The only difference is the first one filed by a husband. The latter lodged by a wife.
Remember, this is for the couples married in Moslem ceremony. Talaq is an oral statement in front of the presiding judges. Your submission of divorce for talaq application must be supported with valid reasons why the court may dissolve your marriage. They must also meet legal requirements in divorce application, both in general rules or religious court procedures.
Legal Grounds for Divorce
There are legal grounds of filing for divorce that have been regulated in the Marriage Law, which are, in the event one of the parties:
- has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or exhibits other vices which are difficult to cure;
- has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;
- has been sentenced to imprisonment for five (5) consecutive years or a longer period;
- has resorted to cruelty or severe ill treatment, endangering the life of the other spouse;
- has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or
- has irreconcilable differences.
Your situation must meet one of the above legal grounds. Otherwise, they will throw your case and deny your application. You only have one shot bite at the apple! Just make it count.
Indonesia's Supreme Court ruled that every divorce-related case must go through any mediation. It's like a last call before you decide to give a go to your divorce. They will want you to come and meet a court-appointed mediator. This is a-must-go session. They will be asking questions why you want to dissolve your marriage in a first place. It's not everyone's favourite moments, but you have to be there just once. After that they will call it a day.
The court would require you to submit evidence that there is indeed a situation where your marriage meets a legal ground to get divorce. Our law would require you to submit documents as well as witnesses in the same time.
They must support your divorce application. First, you need to be able to submit a marriage certificate, birth certificate of your children, and some other background information about your marriage. Second, you must have witnesses. They must come to the court, and take a stand in the court room.
When the court reached the verdict, a divorce application made by a wife will legally binding within 14 days. As for the talaq application made by a husband, it will not be so within give time. Not until you as a husband show-up to the court and perform the talaq statement. You will have repeat after the judge. Before that, you have to make sure you paid the spousal support to the court for your ex-wife. Otherwise, you can't perform the talaq ceremony.
Your marriage dissolution becomes legally binding after you conducted the talaq statement. Within approximately 14 days. They will issue a court decree regarding your divorce. Failure to do so, the divorce decree made upon your talaq application is void. The divorce is not valid, and you're stilll legally married to your wife. You will have to do it again.
“Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!”