Wife gone missing problem....Help

[Mark Littler]

Hi I am wondering if you guys could help me on the below matter.
My wife and I were married in Indonesia in March 2011 after we had known each other for about a year.
She came to Austrlaia with me for 3 months in a visitor visa and left and has not been back since. She advised me that she did not like Australia and did not want to come back and that I should go there which caused some upset between us.

Whilst looking for a job in Indonesia I heard that her father died Nov 2011 so I left for the funeral. Our relationship was suffering and she said she wanted a divorce. Two people came from religious court (not really a court in Batu Jaya) and we signed two copies of a divorce form. I was told this was the first divorce (Thalak I think) and if we made amends we could marry again....up to a maximum of three times. I put it down to her being upset because of her father and left. We have had no contact since. I visited her village in July this year but she was not there, I asked about the copy of divorce certificate but the family cannot speak English very well and the marriage office was closed, which was a nightmare.

Is there an easy way I can obtain a divorce certificate, as at this point in time I want closure.

I noticed on our marriage certificate that our marriage was Islam, does this make it easier. I am not Muslim by the way either, but agreed to do it that way for her family.

What is the easiest way to obtain a divorce decree, is there something about us being apart for more than one year or I am not muslim.

Is it possible to file for divorce here in Australia where I now live, or do I have to go to the office in Batu Jaya and get a certificate from them - will this be hard.

Thanks in advance.

Regards Mark

[marcus]

(1) ... Two people came from religious court (not really a court in Batu Jaya) and we signed two copies of a divorce form. I was told this was the first divorce (Thalak I think) and if we made amends we could marry again....up to a maximum of three times.

(2) Is there an easy way I can obtain a divorce certificate, as at this point in time I want closure.

(3) I noticed on our marriage certificate that our marriage was Islam, does this make it easier. I am not Muslim by the way either, but agreed to do it that way for her family.

(4) What is the easiest way to obtain a divorce decree, is there something about us being apart for more than one year or I am not muslim.

(5) Is it possible to file for divorce here in Australia where I now live, ..

(1) According to my wife , this "Talak" is not officially relevant . Even after the 3rd "Talak" you are still married .

(2) If you are eligible for the divorce , the both of you agree , then it is relatively easy . Read the ref. below (sorry I didn't , yet) .
According to my wife , you need to apply for the divorce at "Kantor Pengadilan Agama" , later there will be , maybe , 2 meetings with your wife and the "judge" , and that is it .

http://www.expat.or.id/info/divorce-...indonesia.html

http://www.livinginindonesiaforum.or...079#post264079 (post no.5 , reasons for divorce)

http://www.livinginindonesiaforum.or...nt-of-marriage (laws related to divorce)

http://www.livinginindonesiaforum.or...413#post281413 (post no.34, divorce with missing wife)

http://www.livinginindonesiaforum.or...424#post286424

(3) I am supposing you married at KUA , have the brown "BUKU NIKAH SUAMI" , from Departemen Agama .

(4) See the ref. above to know the conditions for a divorce .

(5) I don't know .

[Mark Littler]

Hi Marcus, thankyou very much.

Just one thing the 'Kantor Pengadilan Agama' - would this be in in her village or can it be anywhere. Just that her vilage Batu Jaya is in the middle of nowhere, and its quite harrowing going there alone. Also would I need to be at the court appearances (there is two you say how far apart in timing), and can I apply without a lawyer - with the help of a friend maybe? I obviously need to the the application for divorce, is this easy to obtain on the net. Thanks again Mark

[marcus]

Sorry , I don't know more than I already posted above , except that my wife said she had the second meeting one week after the first one , and for sure you can apply without a lawyer .

I remember reading somewhere that it is even easier if the wife doesn't appear for the meeting , so I believe the second meeting is not necessary . Sorry , this is a subject that I was never concerned about , so I didn't read even the references I posted above .

[Alia]

Mark, the Kantor Pengadilan Agama should be the one where the marriage took place, it cant be anywhere. And if its Batu Jaya means it will be under jurisprudence of Pengadilan Agama Karawang. That's the place where you need to file the divorce paper. Here's their website. http://www.pa-karawang.go.id/

Either one of you or both can be represented by a lawyer when the court being held. If one or both parties dont attend when they've been called, the verdict of marriage annulment still can be announced as long there is a lawyer represent. But for the case of befendant that cant be found and therefore cant attend the court, the verdict can be announced without her/his or her/his lawyer being present, this is what we call 'verstek'. And usually can be done in the 2nd hearing.

You as the litigant will be the one who needs to pay for the legal charges.