Everyone desires a lifetime relationship with their beloved spouse, united in matrimony, in joy or sorrow, in thick and thin until the death do them part. Some couples grow old and raise children together, rejoicing each other’s presence in their cozy holiday home or luxurious villa in Lombok, having embraced a serene country live hand in hand. Their lives inspire envy and admiration. Yet many other couples may find themselves in a sour marital relationship and decide to break up. This article provides basic guideline on how to get divorced in Lombok, ensuring a smoother process to avoid unnecessary troublesome.
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Requirement
- Legal Reasons
Under the Marriage Law, filing a divorce lawsuit must be based on justifiable reason/s.
- Adultery
- Addiction to drugs, alcoholic, gambling or other wickedness
- Spouse abandonment for two consecutive years without any justifiable reasons
- Imprisonment for at least 5 years
- Domestic violence and ill treatment
- Disability or disease causing incapability to carry out his/her responsibilities
- Perpetual disharmony
- Documents
- Marriage Certificate copies
- Children’s Birth Certificate copies
- All other relevant supporting documents and materials
- Current spouse address
- ID Card and/or KITAS copies
Court Jurisdiction
There are two type of courts in Indonesian Civil Law system; Religious Courts (Pengadilan Agama) and District Court (Pengadilan Negeri). Religious Court jurisdiction covers civil cases and divorce proceedings for Muslims. Similarly, District Court covers civil cases and divorce proceedings for non-Muslims, and criminal cases for all religions.
Steps
- Prepare all the requirement as explained above
- File the divorce lawsuit to the relevant court as explained above (Pengadilan Agama for Muslim and Pengadilan Negeri for non-Muslim)
- Pay the non-tax state revenue at the clerk
- The court will set the first hearing schedule
- The court will send the summon to the parties
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Normally, court summon will be sent to the parties no later than 3 weeks after the lawsuit registration and 6 days before the scheduled court hearing.
Court Proceedings
The court will organize hearings for both parties to present their arguments and evidences. During the first hearing, the judges will require the parties to have a court-sponsored mediation to reconcile the couple. If the mediation fails or both parties or one of the party insists on divorce instead, the process will move forward to the next hearings.
Children Custody
Child custody is a crucial part of divorce proceedings. The parents often fight for the custody right. Under the law, the court ruling normally made based on the best interest of the children. The judge will also carefully consider the age, health, education, and welfare of the children. However, under age children custody normally goes to mother. Overall, the court will decide based on the circumstances that benefit the children the most.
Joint Property
Joint property is the assets acquired during the period of marriage. The asset includes property, vehicles, and financial assets. Normally, joint property is divided equally between spouses unless otherwise stipulated in prenuptial agreement.
