Divorce -- Need a lawyer or Not? Advice needed.

[Niko Z.]

My wife and I have been separated for over a year. She will begin divorce proceedings in Palangka Raya at the end of next week. The marriage was conducted in Catholic church and the civil court. The divorce is mutually agreed upon and we both agree that I should take care of the child.

I live in India with a child and have been taking care of her on my own for over a year.

1) Should I swing by Palangka Raya and give legal representation rights to some random lawyer?
(I don't have enough vacation time to see it through myself)
2) My understanding is that at this point the Civil Court will only issue divorce decision. I take it that this means
custody proceedings have to wait. If my (ex-to-be) wife and I agree on custody arrangement, can we draft a
statement of 'hak asuh' irrespective of divorce proceedings? There is some urgency regarding this as it might
influence my capacity to arrange Indian visa for my daughter.

3) I would like to spare my in-laws (and myself) public embarrassment by revealing too many details about my
wife's private life. If I choose to simply agree on a divorce or not show up for the proceedings, is there any
chance this will affect financial and custody arrangements later on?
4) Does anyone have a reference for an experienced family lawyer in Palangka Raya?

Best,

Niko Z.

 

[Puspawarna]

I don't have any advice for you - hopefully others more knowledgeable will weigh in soon - but I just want to express sympathy that you have to go through this. Best of luck for a satisfactory resolution.

 

[dafluff]

First of all, sorry to hear about your plight.

Legal divorce in Indonesia is only through the court system, for Catholics this will be in the local Pengadilan Negeri. If you can't attend yourself because you live abroad, you should consult and possibly appoint a lawyer on your behalf. The law allows for an in-absentia (verstek) ruling in case you neither show up nor appoint a representative. I imagine doing this could be viewed dimly by the court, and may affect their ruling on finances and custody.

Custody hearing is usually a separate trial, or not done altogether. Check with a lawyer whether it is okay for you to have only a hak-asuh statement. Considering that there is an expat angle here (moving between countries, citizenship documents in 2 countries etc), you will want this to be bulletproof. For example, you may have trouble travelling between countries if you can not prove that you have sole custody of your child.

 

[Niko Z.]

Thanks Puspa and dafluff.

I just got off the phone with my wife and one of the officers at the civil court.
The gentleman has explained that it would be easier to process the petition if I were the party to file for divorce, as it has to happen in the domicile of the defendant. In this specific case Jakarta Pusat is regarded as my domicile as I reside in India, so technically the court in Palangka Raya has no authority to process a petition on behalf of my wife. They have mentioned they might still accept accept a petition on behalf of my wife, but it that case the decision to process would ultimately depend on the judge in question.

Any thoughts on this?

Secondly, I spoke to the lawyer who suggested that my wife and I can make a statement in front of a notary and witlessnesses regarding hak asuh. Does anyone know if that would suffice to give me legal custody or would I need to then submit this statement as a supporting evidence at court?

Best,

Niko Z.

 

[Niko Z.]

So, they lawyers are asking 60jt ++ to arrange this, even though it's a consensual divorce and both parties are in agreement regarding all terms.

Does anyone know a family lawyer in Palangka Raya that could do this for a reasonable fee?

 

[Niko Z.]

Alternatively, does anyone know a reliable lawyer in Jakarta that could represent both parties in the proceedings?

According to officials at pengadilan negeri Palangka Raya, if my wife files the suit then the proceedings should take place in Jakarta, as I am a defendant and live abroad.

 

[amw advocate]

If you need law services with affordable fees, you can contact me by e-mail [email protected]

 

[Jaime C]

How long have you lived in India? Can you file for divorce from there?

60jt is crazy.