Divorce in Indonesia may only be carried-out in front of the court of law. Indonesia does not recognize a divorce by mutual consent. Therefore, cross examination in the court litigation must be conducted in order to meet one of the legal grounds for getting the marriage dissolved. Divorce litigation, and proceeding on marital property division will be treated under different cases. You need to have the marriage legally dissolved before you may claim the property division.
One of the means to dissolve a marriage is by divorce. It may only be effected on "sufficient reasons." The reasons for a divorce 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 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 5 (five) 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
- Irreconcilable differences.
Courts in Indonesia have jurisdiction over divorce application to dissolve the marriage registered in Indonesia, regardless your nationalities. Our courts have the same jurisdiction over the marriage dissolution to the marriage performed abroad by at least one Indonesian spouse in the matrimony, and reported to the Indonesian government agencies.
The legal system in Indonesia does not honor divorce verdict from a foreign court. It has something to do with the nation's sovereignity. Therefore, you will have to go through another new proceeding to dissolve your marriage in Indonesia. You have to go through the same headache, hassles, and the last thing you know time wasted for nothing while you can start building a new life instead. So, better do it the right way: finish what you start, where you start it.
Wijaya & Co has assisted many clients with their divorce applications with the courts in Indonesia. We know how to achieve your goals by utilizing the evidence, and information supplied by the witnesses.
Call or email us if you think a divorce is your only solution to move on with your life.