Types of Divorce: Types and Lawsuits in Indonesia

Divorce is an act of divorce in Islamic law. In Indonesia, divorce law is regulated in the Civil Code (KUHP). Although the act of divorce in Islamic law is quite controversial, an understanding of the various divorces is very important for Muslims, especially for those who want to break up their marriage relationship. This article will discuss the various types of divorce that exist and the lawsuits that apply in Indonesia.

Definition of Divorce

Divorce is a husband’s way or action to end the marital relationship with his wife. In Arabic, the word ‘talak’ means to let go, release, or stop. In general, divorce can be given by a husband to his wife at any time during the marriage. In Indonesia, divorce proceedings are carried out in religious courts.

Kinds of Talak

Divorce One

Talak one is the most common type of divorce in Indonesia. In one divorce, the husband gives a divorce statement orally or in writing to his wife. After one divorce is given, the husband and wife relationship is broken. However, the husband still has three months to make a decision whether to reconcile with his wife or not. If within three months there is no change, then the divorce becomes valid.

Separation Two

Two-divorce is the act of a husband giving two divorce statements verbally or in writing to his wife. After the second divorce is given, the husband is still given three months to reconcile with his wife. If within three months there is no change, then the second divorce becomes valid.

Triple divorce

Triple divorce is the strongest type of divorce and can only be given once. After triple talaq is granted, the husband and wife relationship is severed and the husband cannot reconcile with his wife unless the wife marries another husband and then divorces the other husband.

Talak Bain

Talak bain or divorce ghoiru bain is a type of divorce made by a husband and wife after receiving a court decision. This decision was taken after the husband and wife completed the dispute process before the religious court. This bain divorce can only be done once and the husband and wife relationship is broken without any opportunity to reconcile.

Lawsuits

Once divorce has been granted, either by the husband or through the courts, there are several lawsuits that the wife can bring.

Living

The husband who gives divorce must provide maintenance for his wife during the iddah period (waiting time after divorce is granted). In addition, the husband must also provide maintenance for the children resulting from the marriage.

Child Custody

Child custody after divorce is an important matter to decide on. In Indonesia, child custody is regulated in Article 335 of the Criminal Code. Child custody can be given to a husband or wife who is deemed capable of providing the best attention and protection for the child.

Gono-Gini Asset Distribution

Gono-gini assets are assets acquired during the marriage. After divorce is given, the wealth must be divided equally between husband and wife. The distribution of joint assets can be done through a mediation process or through a court.

Inheritance

After the divorce, the inheritance rights of the husband or wife are still valid. However, the inheritance rights of the ex-husband or wife depend on court decisions and agreements made during the divorce process.

Losses After Deciding to Divorce

Deciding to divorce is a difficult decision for a married couple. Apart from ending the marital relationship, there are several disadvantages that can occur after deciding to divorce.

Emotional Loss

Divorce can cause emotional loss for a divorced couple. Divorcing couples may feel sad, lonely, frustrated, or angry. In addition, divorce can also affect mental and physical health, such as depression, anxiety and other health problems.

Financial Losses

Divorce can also cause financial loss for the divorcing couple. After the divorce, the couple must divide the assets and determine the living expenses and living expenses of the children. Apart from that, the couple also has to pay for divorce costs such as attorney fees, mediation fees, and court fees.

Social Loss

Divorce can affect the divorced couple’s social relationships with family, friends, and the surrounding environment. Divorce can trigger gossip, negative comments, or social stigma that may make partners feel ashamed or isolated.

Child Loss

Children are the most affected after parents divorce. Children may feel sad, confused, or angry. In addition, divorce can affect children’s welfare, such as changing habits, environment, and parenting patterns. Children may also experience academic and mental health problems after their parents divorce.

Spiritual Loss

Divorce can affect the spirituality of divorced couples. For couples who adhere to religion, divorce can trigger feelings of guilt, doubt, or difficulties in practicing worship. In addition, divorce can also affect people’s views on religious values that are believed by divorced couples.

Conclusion

An understanding of the different types of divorce is very important for Muslims, especially for those who want to end their marriage. In Indonesia, divorce proceedings are carried out in religious courts and there are various types of divorces that a husband can give to his wife, such as one, two, three, and bain divorces. After divorce is granted, there are several lawsuits that can be filed by his wife, such as maintenance, child custody, division of mutual assets, and inheritance rights. Therefore, it is important for husband and wife to understand the divorce process and applicable lawsuits so that they can make the right and fair decision for both parties.