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Getting divorce both spouse are not in indonesia

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  • Getting divorce both spouse are not in indonesia

    I want to ask is there anyway to get divorce if I'm currently overboard. My spouse and I are both overboard, I like to get a divorce but my spouse doesn't want to let me go. We are not living together right now and its hard for me to contact them. We both got marriage in Indonesia is there anyway to get divorced if both me and my spouse are overboard, can I get a divorce without my spouses consent.

  • #2
    Originally posted by cmei111111 View Post
    (1) ... is there anyway "Getting divorce both spouse are not in Indonesia"

    (2) can I get a divorce without my spouses consent.

    (1) According to Article 39 of the Indonesian Marriage Law , a divorce must be done in Court . I don't know if you can give a Power of Attorney to somebody in order to represent you in Court .

    (2) I think that it would be possible this way :
    a) you need to have a valid KTP/KK (if Indonesian) , maybe a copy of KTP/passport of your spouse , the marriage certificate , ..
    b) you file for the divorce process in the appropriate Indonesian Court (Religious Court or National Court) ,
    c) you need to be present in Court and if your spouse doesn't appear in Court , the divorce will be issued due to his/her absence .

    For more details search the internet for something like : cara , prosedur cerai WNA di Pengadilan (Agama or Negeri) , pengacara perceraian di (city) , ... (About divorce)

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

    http://www.livinginindonesiaforum.or...079#post264079 (post no.5 , acceptable reasons for divorce) (Divorce info)
    Last edited by marcus; 02-09-18, 17:16.


    • #3
      Can I get a divorce without my spouses consent.[/QUOTE]

      Yes you can, but I think you have to be in Indonesia. After you file for a divorce in a court, the court will order both of you yo be present for the first trial. It is called "mediasi", trying to bring you two together again. If mediasi fails, they will proceed the divorce.

      and you need a translator.