Divorce Attorney and Their Legal Channels



Divorce Attorney and their legal channels

Marriage is indeed what all humans want, why not? Living together with a partner and doing activities together with a partner. but in marriage sometimes there are things we don't want. call it divorce. in law, if someone has divorced or is going to divorce, they generally hold a trial and use a lawyer. in fact, you can just do the divorce process without being accompanied by an advocate or attorney. If you think the results obtained are optimal by taking care of yourself, the divorce process can be done without an advocate. However, usually, the parties feel that they need to be accompanied by an advocate because they are unfamiliar with the law and do not know about the trial procedure.
on the other hand, the role of an advocate or lawyer is not only to represent the parties during the session and talk. Advocates can also be a way of talking between the two parties who will divorce in discussing all the agreements they want to achieve, for example, their living allowances, their children's custody, and other important things.


For divorce, there are no standard standards regarding fees. The down payment fee for divorce depends on the court where you will file the divorce. The fees for advocate services depend on agreements between clients and advocates. Generally, advocates offer legal services for two types of payment schemes, namely in a lump sum (cash payment) or hourly-basis (calculated per hour). Clients can determine which scheme matches their abilities and needs. Further, see our article titled Divorce Fees.

In general, the divorce process will take a maximum of 6 (six) months in the first level, both in the District Court and in the Religious Court. To file for divorce, it is distinguished for those who are Muslim, the lawsuit is submitted to the Religious Court and for those who have a religion other than Islam the lawsuit is submitted to the District Court. Regarding the procedure for divorce further explained by Prof. H. Hilman Hadikusuma, S.H. in his book entitled "Indonesian Marriage Law" as follows:

Procedures for divorce in the District Court


Divorce lawsuit is filed by the plaintiff or his attorney in a court whose legal area covers the residence of the defendant unless the defendant is unknown to the residence or defendant abroad so the claim must be filed in the court of residence of the plaintiff;
  1. Claim examination by Judge;
  2. Divorce is decided by the Judge;
  3. Divorce decisions are registered with the Registrar.
  4. Procedures for divorce in the Religious Courts:
  5. In the case of a husband as an applicant (Divorce Divorce):
  6. A husband who will divorce his wife requests the Court to hold a hearing to witness the pledge of divorce in the court of residence of the respondent (wife). Except if the respondent intentionally leaves the residence determined together without the applicant's permission;
  7. In the event that the respondent resides abroad, the petition is submitted to the Court whose legal territory covers the applicant's residence;
  8. In the event that the applicant and the respondent reside abroad, then the petition is submitted to the court whose legal area covers the place of their marriage or to the Central Jakarta Religious Court; 

In the case of a wife as a plaintiff (Divorce):

The divorce lawsuit is submitted by the wife or her attorney to the court whose legal area covers the place of residence of the plaintiff (wife), except if the plaintiff intentionally leaves the residence together without the defendant's (husband's) permission;
  1. In the event that the plaintiff resides abroad, the divorce suit shall be submitted to the court whose legal territory covers the residence of the defendant;
  2. In the case of the plaintiff and the defendant residing abroad, the lawsuit is filed with the court whose legal area includes the place of their marriage or the Central Jakarta Religious Court;

The next process for divorce and divorce is:

  1. Examination by the Judge;
  2. Peace efforts by the Judge on both sides (mediation);
  3. In the event that both parties are no longer reconciled and there have been sufficient reasons for divorce, the divorce pledge is pronounced or the divorce is terminated;
  4. Determination of Judges that marriage breaks;
  5. Divorce decisions are registered with the Registrar.

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