When John and Emily, a Canadian-American couple, decided to move to Jakarta for work, they never imagined that their journey would lead to a courtroom in Indonesia. Their story is one of navigating cultural differences, legal systems, and personal challenges.
Here’s how they managed to dissolve their marriage in Indonesia and the steps they took to get there, with the assistance from lawyers of Wijaya & Co.
The Beginning of the End
John, a Canadian software engineer, and Emily, an American marketing executive, had been married for eight years when they moved to Jakarta. Initially, the move was exciting—a new culture, new opportunities, and a fresh start.
However, as time went on, the strains of living in a foreign country began to take a toll on their relationship. They decided to part ways amicably but soon realized that getting a divorce in Indonesia was not as straightforward as they had hoped.
Legal Grounds for Divorce in Indonesia
In Indonesia, the legal grounds for divorce are quite specific. According to Indonesian law, there are several reasons a couple can file for divorce:
- Adultery: If one spouse can prove that the other has committed adultery, it is grounds for divorce.
- Desertion: If one spouse has abandoned the other for two consecutive years without any intention of returning, this is also grounds for divorce.
- Imprisonment: If one spouse is sentenced to imprisonment for five years or more, the other spouse can file for divorce.
- Severe Abuse: Physical or severe emotional abuse is another valid reason.
- Chronic Illness: If one spouse suffers from a chronic illness that makes it impossible to fulfill marital duties, this can be grounds for divorce.
- Irreconcilable Differences: This is a broad category that covers various issues that make it impossible for the couple to continue their marriage.
John and Emily decided to file for divorce based on irreconcilable differences. They had grown apart and felt that their marriage could no longer continue.
Residency Requirements
Before they could proceed with the divorce, John and Emily needed to meet the residency requirements to access the Indonesian legal system. Without it, they’re only tourists here. Tourists can access the legal system in Indonesia.
According to Indonesian law, at least one of the spouses must be a resident of Indonesia with a minimum of six (6) months residency. Residency can be established through various means, such as employment, spouse of an Indonesian citizen, and investment. .
Navigating the Legal System
The next step was to find a lawyer who specialized in family law. They made a very good choice when they hired Wijaya & Co who speak very good English.
Lawyers from Wijaya & Co guided them through the process, which involved several steps:
- Filing the Petition. The first step was to file a divorce petition at the local district court. The petition had to include the grounds for divorce and any evidence supporting their claim.
- Mediation. Indonesian law requires couples to go through mediation before the court will grant a divorce. This is an attempt to reconcile the couple and avoid divorce if possible. John and Emily attended several mediation sessions but ultimately decided that reconciliation was not an option.
- Court Hearings. After mediation, the case went to court. Both John and Emily had to attend several hearings where they presented their case. The judge reviewed their petition, listened to their testimonies, and examined any evidence.
- Judgment. Finally, the judge issued a judgment. In their case, the judge granted the divorce based on irreconcilable differences.
The Emotional Journey
While the legal process was challenging, the emotional journey was even more so. John and Emily had to navigate their feelings of loss, guilt, and sadness. They attended counseling sessions individually and together to help them cope with the end of their marriage.
Life After Divorce
After the divorce was finalized, John and Emily decided to stay in Jakarta for the time being. John continued his job, and Emily found a new position with a local marketing firm. They remained friends and supported each other through the transition.
Lessons Learned
Their experience taught them several valuable lessons:
- Understanding Local Laws. It’s crucial to understand the local laws and regulations when living in a foreign country. This knowledge can help navigate complex situations like divorce.
- Seeking Professional Help. Hiring a lawyer from Wijaya & Co who understands both the local legal system and your language can make the process much smoother.
- Emotional Support. Divorce is not just a legal process but an emotional one. Seeking counseling and support can help manage the emotional toll.
Closing Statements
John and Emily’s story is a testament to the complexities of dissolving a marriage in a foreign country like Indonesia. By understanding the legal grounds for divorce in Indonesia and meeting the residency requirements, they were able to navigate the legal system successfully. Their journey was not easy, but it was a necessary step towards finding happiness and peace in their individual lives.
For anyone facing a similar situation, it’s important to seek professional legal advice who knows anything about international civil law like Wijaya & Co. Understanding the local laws and regulations can make the process less daunting and help you move forward with confidence.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us
