>Hello Sohib EditorOnline, are you going through a divorce? Are you unsure of what steps to take? It can be a difficult and confusing time, but don’t worry, we’re here to help. In this article, we’ll guide you through the process of divorce in Indonesia and provide you with all the information you need to know about cara mengurus perceraian.
Divorce is the legal process of ending a marriage. In Indonesia, divorce is governed by the Marriage Law, which outlines the procedures and requirements for obtaining a divorce.
If you are considering divorce, there are several things you should know. Let’s take a look at some of the most frequently asked questions about divorce in Indonesia.
FAQ
Q: What are the grounds for divorce in Indonesia?
A: According to Article 19 of the Marriage Law, there are eight grounds for divorce in Indonesia:
Grounds for Divorce
Description
Adultery
One or both spouses have committed adultery.
Impotence
One spouse is unable to have sexual intercourse.
Desertion
One spouse has abandoned the other for at least two years.
Cruelty
One spouse has treated the other cruelly or inhumanely.
Incurable disease
One spouse suffers from a disease that cannot be cured and is likely to result in death.
Separation
The couple has lived separately for at least two years and both parties agree to a divorce.
Disappearance
One spouse has been missing for at least five years and is presumed dead.
Irreconcilable differences
The couple is unable to resolve their differences and continue their marriage.
Q: What is the process for obtaining a divorce in Indonesia?
A: The process for obtaining a divorce in Indonesia can be lengthy and complex. Here are the general steps:
Step 1: Consult with a Lawyer
The first step in the divorce process is to consult with a lawyer. Your lawyer will help you understand the legal procedures, requirements, and options for divorce.
Step 2: Submit a Divorce Petition
After you have consulted with a lawyer, you will need to submit a divorce petition to the Religious Court where the marriage was registered. The divorce petition must include details about the grounds for divorce and any supporting evidence.
Step 3: Attend Mediation Sessions
Before the divorce proceedings can begin, the couple must attend mediation sessions to try to resolve their differences and reach a settlement. If the mediation is unsuccessful, the case will proceed to court.
If the mediation is unsuccessful, the court will schedule hearings to hear testimony from both parties and any witnesses. The court will then make a decision on the divorce.
Step 5: Receive the Divorce Decree
If the court grants the divorce, you will receive a divorce decree. The decree will outline the terms of the divorce, such as custody arrangements, child support, and property division.
Q: How long does it take to get a divorce in Indonesia?
A: The length of time it takes to get a divorce in Indonesia can vary depending on the specifics of the case. Generally, the process can take anywhere from a few months to a few years.
Q: How is property divided in a divorce in Indonesia?
A: In Indonesia, property acquired during the marriage is considered joint property and must be divided equally between the spouses in the event of a divorce. However, property that was acquired before the marriage or through inheritance or gift is considered separate property and is not subject to division.
Q: How is child custody decided in a divorce in Indonesia?
A: In Indonesia, child custody is determined based on the best interests of the child. This can include factors such as the child’s age, health, and emotional needs, as well as the parents’ ability to provide for the child. In general, the mother is given priority in custody cases, but the father may be awarded custody if he can demonstrate that it is in the child’s best interests.
Conclusion
Divorce can be a difficult and emotional experience, but it’s important to remember that you’re not alone. By following the proper procedures and seeking the help of a qualified lawyer, you can navigate the process of cara mengurus perceraian and come out on the other side with a fair and equitable resolution.
Cara Mengurus Perceraian
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