Bali Expat Forum - Bali Travel Forum

[kadoc]

Lombok Divorce procedures


Hi everyone! great site!


I,m a Canadian citizen who married an Balinese women, she has a 9 year old daughter from a previous relationship. The father is from the Netherlands and they never married but has since began a new relationship with another women and has married in Indonesia Lombok. I married her in 2005 which makes it over two years. She lives in the Pagesangan – Mataram district. Things have fallen apart and we wish to divorce. The marriage took place in Lombok and is registered in the civil registry. I agreed to pay for the divorce.

Since I am not a legal citizen of Lombok, Indonesia and I have not returned within the 2 years we have decided to use grounds for divorce :
has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control

the site : http://www.expat.or.id/info/familylaw.html

Grounds for divorce
One of the means to dissolve a marriage is by divorce. Divorce may only be effected based on "sufficient reasons". The reasons for a divorce have been regulated in the Marriage Law, which are, in the event where one of the parties:
• has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure;
• has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;
• has been sentenced to imprisonment for five years or a longer period;
• has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse;
• has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or
• irreconcilable differences.

I want to know how easy it will be for her to petition for divorce? Because I am not a citizen . Not that it makes a difference because of court decision.

How much will it cost her ? paper work or lawyer of just a form. I herd she has to get signatures for petition from her village.
Can she be awarded alimony if and when the divorce takes place ?

Can she seek spousal support?


I obviously rushed into this marriage but we agreed to remain friends hopefully.
But lately she has been inpatient because of the 2 year wait and now she demands the money to proceed wit the divorce. She claims it will cost 500 cnd.
But she also threatens me about spousal support through which she will file if I don’t send her the funds soon. She has no form of income from what I know of. She lives with her parent’s daughter and two brothers.
So when I think about this it can seem like a long lengthy process if she tries to extort money out of me through the Canadian embassy to with she claims she will do. Canadian embassy in Jakarta I believe and one in Bali.

Your advice would be appreciated!
And when this is over I can’t wait to visit Lombok what a great place and I love the people.

[ronb]

Tahnks Kadoc for sharing your story. I don't have legal knowledge that can help you, nor can I answer any of the specifics about processes and costs. But I can offer my 5 cents worth even if it turns out to actually be worthless.
From your story I gather:
you both want the divorce
she needs to initiate the processes
she won't have much ready cash to pay fees
you seem to be accepting some responsibility for the failure of the partnership
you don't want to be taken to the cleaners

My suggestion would be for you to advance some money (maybe the $500 she mentions) so that things can move. Ask for progress reports on what is spent and see how it goes.

Good luck!

[Jimbo]

I think you need legal advice and a forum like this is not the place to get. Sorry I can offer no other advice than that.

[milan]

There might be a simple way of finding a solution to this problem.

If you're no longer living in Indonesia, then she can proceed with the divorce with minimal cost and even without your involvement, the court will officially publish an announcement in the papers just as proforma to see if you do not contest by not responding to it since you're absent. Then the divorce will be officially declared/marriage automatically dissolved. It could take 3 months or so. HOWEVER, she needs some financial fund just to pay the cost of the procedures, etc., i.e.: some bribery here and there in order to expedite the process.

I haven't lived in Indonesia for many years now so things might have changed either for the better or worse. But in my opinion, (I'm an Indonesian lady): you foreigners tend to be too politically/ethically correct that perhaps a typical divorce case in Indonesia according to you, one must go through the like of Sir Paul McCartney and Heather Mills where there's a probability that your ex-wife might take you to the the cleaners. Well, not so. It's within reason and much more civil and less greedy. I don't think the Indonesian women think in that context.

Good luck!

[milan]

Oops!, I forgot to mention this is how Jakarta would process it.

[kadoc]

well i try not to think in that context but the fact is we have little communication and she is very ignorant and i,m afraid ignorance is a universal thing. Besides we are from different cultures and upbringing. Its just common sense that when 2 people rush into marriage or anything for that matter its just a means to an end. What i wanted was different from what she wanted. Its mostly my fault i should have first left it as out first time being together. I like her family very much. I think your being biased and ignored the real fact that she just married me for money. Its sad no one can trust and be patient to be real in the moment someone always wants something nothing is for free.