KITAP holder , wife filed for divorce

[Robert Smith]

Good morning,

My Indonesian wife has filed for divorce, I need consultation.

we live on Bali Indonesia and have 2 children aged 14 and 16, I am an American second kitap

can I refuse?
we have been married for 16 years


any advise would be a god send[

[marcus]

...can I refuse?...

The Marriage Law states some conditions for requesting a divorce . In addition , if you are Muslims , there also similar conditions for divorce in the Indonesian Islamic Law (see link below) .

So if your wife cannot prove any of these divorce conditions , you can refuse to divorce .


http://www.expat.or.id/info/divorce-...donesia.html (About divorce in Indonesia)

[marcus]

There are 2 Courts to deal with divorce cases : one for Muslims , and another for non-Muslims .

From what I felt in the Muslim Court (in my own divorce case , without any lawyer) , is that the conciliation meeting favors the marriage continuation . I had only one (#) of the meetings (I guess it may go up to 3 meetings) , and my ex-wife allegations in the divorce papers were not even discussed .

Note (#) : only one meeting because I decided to concede and let my (then) wife to win the case .

[marcus]

UU no.1 , Year 1974 - Marriage Law (not an official translation)
Article 39
(1) Divorce may only be effected before a Court Session after the Court concerned has tried and failed to reconcile the two parties.
(2) To carry out a divorce there must be sufficient reason that between the husband and wife will not be able to get along as husband and wife.
(3) ...
..........
Article 41
The consequences of breaking a marriage due to divorce are:
a. Both the mother and father are still obliged to care for and educate their children, solely on the basis of the child's interests, if there is a dispute regarding the control of the children, the Court gives a decision.
b. The father is responsible for all the maintenance and education costs needed by the child, if in fact the father is unable to provide this obligation the court can determine that the mother is responsible for the costs.
c. The court can oblige the ex-husband to provide for the living expenses and / or determine the obligations to the ex-wife.


---------------------------------


Official explanations of UU no.1 Year 1974 (Marriage Law) , Article 39 (but not an official translation)
(1) ...
(2) Reasons that can be used as grounds for divorce are:
a. One of the parties commits adultery or becomes a : drunkard, convict, gambler or else that is difficult to cure;
b. One party leaves the other for 2 (two) consecutive years without the permission of the other party and without a valid reason or for other reasons beyond his/her will;
c. One of the parties is sentenced to 5 (five) years imprisonment or a heavier sentence after the marriage takes place;
d. One of the parties commits cruelty or other serious maltreatment against the other party;
e. One of the parties gets a physical disability or a disease which results in inability to carry out his/her obligations as husband / wife;
f. Between husband and wife there are continuous quarrels and fights and there is no hope of living in harmony again in the household.

[Robert Smith]

if my Kitap is sponsored by an Indonesian who lives in Denpasar,do I have to live in Denpasar?

[marcus]

if my Kitap is sponsored by an Indonesian who lives in Denpasar,do I have to live in Denpasar?

This subject is not defined in the Law/Regulations (as far as I know) , so it will depend on the Immigration officer(s) who will deal with your process .

From what I did see in this Forum , Immigration officers usually requires a local sponsor , so in your case , probably Immigration will either require a sponsor living in your city , or your process should be dealt in Denpasar (in which case I don't know if Immigration will require you to live in Denpassar too) .

I guess it makes sense that the foreigner & sponsor live in the same city because , by Law , the sponsor is responsible for the foreigner (except in case of Indonesian spouse sponsorship and the Indonesian ex-spouse's substitute sponsorship after divorce of 10 years' marriage) .


--------------------------------------


UU no.6 Year 2011 (Immigration Law - not an official translation)
...........
Article 63
(1) foreigners in Indonesia with KITAS/KITAP must have a sponsor that guarantees their existence.

(2) the sponsor is responsible for the existence and activities of the foreigner while staying in Indonesia and has the duty to report any change in civil status, immigration status, and address .

(3) The sponsor has to pay the costs incurred to repatriate or to expel the foreigner from Indonesia when :
a. the residence permit expires and / or
b. penalized with Deportation.

(4) The provisions concerning the guarantee does not apply to foreigners who are legally married with a citizen of Indonesia.

(5) Paragraph (1) above does not apply for sponsor substituting the Indonesian spouse in KITAP , after divorce of more than 10 years of marriage .

[Robert Smith]

Then would the best solution be to complete the life time kitap prior to starting the divorce proceedings?
Once the lifetime Kitap is in my hands we can apply for the divorce.

[marcus]

Then would the best solution be to complete the life time kitap prior to starting the divorce proceedings?
Once the lifetime Kitap is in my hands we can apply for the divorce.

First , you cannot request the KITAP extension sooner than 3 months before it expires (see Regulation below) .

Second , unless your wife continue to be your sponsor after the divorce , extending the KITAP before the divorce is a waste of money , because if after the divorce you change sponsor , Immigration will cancell the KITAP and issue you a new 5 years KITAP (you have to pay for it , of course) .


-----------------------------------------


PM no.27 Year 2014 (Minister's Regulation)
.....
Article 65
...
(3) Application for extension of a KITAP...can be submitted no sooner than 3 (three) months and no later than the working day before the date of the expiration of the KITAP...

[all4ywh]

Hello "Robert Smith" , did you already find enough 'satisfactory' answers/details for all your questions about this subject?
This other thread also addresses this same subject  :  http://www.livinginindonesiaforum.or...ap-if-divorced