Divorce cases do not only happen to celebrities. Lots of people experience the same problem, they just don’t get exposed. The main causes of divorce vary, such as being unsuitable, due to economic problems, to the presence of a third person.
Actually, what is divorce and how do you file a divorce suit in court based on the applicable law?
Definition of Divorce
Divorce is the end of the marriage between husband and wife. Husband or wife can file for divorce in court. When a case is handled by the court, to reach the hammer for divorce, there are stages. Must go through the mediation stage first, present witnesses in court, and if the reason for separation is accepted, the court will grant the claim.
Divorce has been regulated in Law concerning Marriage. The divorce trial can be continued if both parties have agreed to sign the divorce certificate and complete all the required conditions in court later. If you are a father and want to know fathers rights in divorce, you can consultant to Rights attorney, Brian L. Jackson
Steps to File Divorce Lawsuit to Court
Divorce occurs because a husband or wife can no longer maintain their marriag. Divorce is the last way to end the domestic turmoil that occurs. If it’s a joint decision, here are the steps for filing a divorce suit:
1. Prepare the required documents
The documents that you need to prepare in filing a divorce suit are quite a lot, including:
- Original marriage certificate
- Photocopy of marriage certificate
- Photocopy of Identity Card of the plaintiff
- A certificate from the urban village
- Photocopy of Family Card
- Photocopy of child’s birth certificate (if you have children)
Now, if you want to sue for joint property or joint property, also prepare files, and other asset documents.
2. Registering a divorce suit to the court
After preparing the complete documents, you can go to file a divorce suit with the Religious Court or the District Court. Registering a divorce suit must go to the court in the area of the residence of the defendant. If the wife is going to sue for divorce from the husband, then the wife must file the lawsuit in the court where the husband is.
3. Make a Lawsuit
Once you arrive in court, you can go directly to the legal aid center at the court to file a lawsuit. This divorce suit must state the reasons for suing for divorce. Reasons for a divorce lawsuit must be acceptable to the court, such as elements of persecution, neglect, violence, constant quarrels, and other reasons.
4. Prepare for Divorce Fees
Fees during the trial for divorce must be paid by the party filing for divorce. These costs include registration fees, stamp fees, processing fees, editorial fees, and trial summons. Costs incurred during the divorce trial process depend on the two divorcing parties. If a party never responds to the summons for trial, the court has the right to charge a higher fee. However, this again depends on the number of divorcee absences.
5. Know the Procedure and Process of the Trial
When the trial process is running, both parties must attend the trial to attend mediation. With the mediation, it is hoped that the two parties can make peace and withdraw their lawsuit. However, if the decision to divorce is unanimous, then it will be continued with reading the divorce suit.
If the defendant never fulfills the summons from the court to attend the trial, the court can make a verdict containing a legal termination between husband and wife.
This verdict will then be sent to the defendant as proof that the marriage has ended. If the defendant does not respond to the verdict at all, then the court has the right to make a divorce certificate.
6. Preparing Witnesses
A divorce suit can run smoothly if the plaintiff provides clear reasons for filing a divorce suit. This reason will also be presented in court, including presenting witnesses who can substantiate the reasons for divorce. The witnesses will be presented at the divorce hearing.
If you are still confused, don’t want the hassle of taking care of your divorce suit yourself, you can hire a lawyer who will clear up all your divorce problems. With a lawyer, at least you already have a shield to protect yourself from threats that come from your partner suddenly.
Follow All Instructions from the Court
No matter how complete the divorce documents you submit to the court, it will still be useless if you do not follow all the instructions from the court properly. Therefore, follow all court instructions and always fulfill subpoenas, especially if you are a plaintiff.