moslem divorce in Bali,Lombok,Banyuwangi

 

Muslim Divorce

That the divorce suit in the Religious Courts can be filed either by the husband to his wife or by the wife to her husband. The lawsuit filed by the husband against his wife is called the Petition for Divorce, where the husband becomes the Petitioner and the Wife becomes the Respondent. Whereas the divorce suit filed by the wife against her husband is called the Divorce Lawsuit, where the wife is the Plaintiff and the husband is the Defendant.

If the wife wants to file a divorce suit against her husband, the religious court that has the authority to examine and adjudicate it is the religious court where the wife is legally domiciled. Legal domicile can be proven by having an Identity Card (KTP), meaning that if the wife is legally domiciled in Magelang Regency and the husband resides in Jakarta, then the Religious Court that is authorized is the Religious Court where the wife's legal domicile is.

1. The plaintiff submits a lawsuit in writing or orally to the Religious Court.
2. The lawsuit contains the identity of the Plaintiff, including the name, age, occupation and place of residence of the Plaintiff, then posita, namely the facts of the incident and legal facts, and petitum, namely the things that the plaintiff is claiming based on the posita.
3. Lawsuits for child custody, child maintenance, hadhanah, wife maintenance and joint assets can be filed together with divorce claims.
4. Pay down payment of court fees through the Bank and for those who can't afford/poor, can litigate prodeo/free of charge.
5.  After the case has been registered at the Religious Court, then the Plaintiff and Defendant are summoned to attend the trial, at least 3 working days before the trial is held, the summons is delivered by the bailiff and delivered to the addresses of the plaintiff and the defendant, but if when summoned the plaintiff/defendant is not present at the place/while out, the summons is conveyed through the Lurah/Village Head. Especially if the defendant is unseen, the summons to the defendant is made through an announcement on the radio, between the first announcement and the second announcement is 1 month apart, and between the second announcement and the day of trial with a distance of at least 3 months.
6. During the trial, peace is sought and continued with mediation if the plaintiff and defendant are present. If there is peace, the matter is withdrawn.
7.  The decision of the Religious Courts is sometimes granted if the lawsuit is proven, rejected if it is not proven and cannot be accepted if the lawsuit is dismissed, then once the decision is rendered, the plaintiff can immediately collect the remaining down payment of the court fee if there is still any.
8.  After the decision is rendered and has legal force, the Plaintiff and the Defendant can take the Divorce Certificate directly, or through a proxy with the condition that there is a special power of attorney for taking the Divorce Deed. more please contact miarsa +628123969609 Email :miarsa@legalbali.net https://legalbali.net