THE PERPETRATOR (You Cheated, I'm Two)

Uneasy

"I want to ask for your help to be my lawyer during the divorce hearing" Mike told Jenni.

"Divorce is not easy, there are many rules, conditions and you must know the Law of Divorce in Indonesia and the conditions that must be met so that you understand."

"Therefore I come to you wanting to know first what I should prepare to file a divorce application to the court."

"I will explain what you have to prepare in the divorce process, whether the terms or the reason you divorce your wife because everything is not easy and not as simple as you think."

During the divorce process, be it in the Religious Court or even the State. It is better if the plaintiff and defendant are accompanied by an advocate or lawyer.

"For Muslim couples, divorce can be started by applying for talaq from the husband. While from the wife can file for divorce. It was then registered through a religious court."

"In the meantime, for non-Muslim couples. They are both from husband and wife. Can file for divorce in a state court."

Of course, the conditions needed are also listed in Law No. 1 of 1974. More precisely in chapter 39 :

Divorce can only be done at a divorce hearing. This happens when the court cannot reconcile the two parties.

Divorce can be done for a very good reason. Just like no longer being able to live a harmonious life as a couple.

For the procedure of the court hearing was specifically regulated through the rules of law.

From the explanation at the top, you have to do it directly in front of the court. Be it for a Muslim couple in front of a religious court and a non-Muslim couple in a court."

In PP Number 9 of 1975 has been arranged regarding the divorce procedure. But besides that, there are other explanations. This is related to the explanation of the reason for the divorce itself. The following are some of the reasons for divorce mentioned in the PP :

Neither the wife nor even the husband has committed adultery or become a gambler, a drunkard and others who are difficult to cure.

Leaving his partner for 2 years in a row. He did so without permission and without any legitimate reason.

Get a prison sentence of 5 years or even a more severe sentence after the marriage is done.

Committing cruelty or even persecution that endangers one party.

Found a disability or disease that makes it unable to carry out its obligations. Be it as a husband or even a wife.

6.There is a constant dispute or even a fight. So as to result in the absence of the possibility to live in harmony again."

Based on KHI there are two terms used in the divorce. The two terms are divorce talak and divorce sugat. This has even been confirmed in article 116 KHI.

For divorce talaq is known as the type of divorce that is handed down to the wife in front of the court. This is certainly done in accordance with Islamic law. In article 117 KHI talak is also stated as one of the reasons for the breakup of the marriage bond.

Meanwhile, referring to PP rule No. 9 at the top earlier. For the husband who is married in an Islamic way and intends to divorce his wife. So, he must submit a notification letter accompanied by his reasons.

After that, the religious court will study the letter. At the latest for 30 days. The court will call the couple and ask for an explanation of the purpose of the divorce.

Meanwhile, when viewed from the lens of Indonesian State Law, the divorce will only be recognized if it is done in the Religious Court. The form of talaq speech that is done outside the Religious Court is only considered legal based on religious law.

So, for divorce of course can only be done by the wife. This is in accordance with the statement contained in article 132 KHI. The rule pertains to the party leaving his second residence."

However, if the defendant is not known exactly where his whereabouts, then the plaintiff can submit the application to the court in the area around his house.

Because the divorce application process is done at the first level, many people ask about the length of the divorce process. This process is generally done in about 6 months.

Meanwhile, the process of checking the divorcee itself will be checked at the latest within 30 days. After that, a trial date has been determined for the divorce proceedings.

The thing to note is the grace period from the calling process until the receipt of the letter. Because many defendants or plaintiffs are abroad. Surely the court process will take a long time and no later than about 6 months."

Requirements that Must Be Admitted When Suing for Divorce are Administration terms and special conditions.

ADMINISTRATIVE CONDITIONS

Original marriage certificate.

Photocopy of marriage certificate 2 (two) sheets, each spiked with stamp duty, then legalized.

Photocopy of the latest resident sign (ktp) of the plaintiff.

Copy of family card (kk).

Divorce papers as many as seven doubles.

Cost of things.

SPECIAL CONDITIONS

Certificate of not being able to from the village, or BLT/BLSM or Askin card, if you want to litigate prodeo (free/free).

Divorce permit from superiors for Civil Servants (PNS).

Duplicate marriage certificate, if the marriage book is lost or damaged (can be requested in KUA).

Photocopy of the birth certificate of the child is stained with a stamp, if accompanied by a child custody lawsuit.

If unable to convene due to severe illness or must be abroad during the trial, the plaintiff can use the services of an advocate or an incidental power of attorney.

"If you want to get divorced legally and get a divorce certificate, you just have to prepare all the conditions and strong reasons why you want to divorce your wife and come to court to apply for divorce. The court will learn."

"I understand, and I'll prepare everything as you speak" Mike said goodbye to get everything ready.

Seriate....

Divorce is not easy, many things must be done and many conditions must be met if we want to submit to court. It takes time, it takes energy and mind, and it certainly takes money to simplify and smooth all his affairs.