Requirements for Filing a Divorce Petition at the Religious Court & District Court
Divorce cases for couples married under Islamic law are filed with the Religious Court, while cases for non-Muslim couples are filed with the District Court. Below is a general overview of the required documents.
For Couples Married Under Islamic Law
Wife-initiated divorce (cerai gugat) or husband-initiated divorce (cerai talak)
- A divorce petition (cerai gugat) or a divorce application (cerai talak), addressed to the Chief Judge of the Religious Court
- The original marriage book/marriage certificate, along with a stamped photocopy that has been legalized
- Photocopies of both the husband's and wife's ID cards (KTP), and the Family Card (KK)
- Photocopies of the children's birth certificates, if the couple has children
- A permission letter/statement from a superior, required specifically for civil servants, military, or police personnel
- An advance payment for court fees, or an application to litigate free of charge (prodeo) with a certificate of financial hardship (SKTM) for those unable to pay
Filed with the Religious Court covering the domicile of the respondent/defendant, and must first go through a mediation process.
For Non-Muslim Couples
A divorce petition may be filed by either the husband or the wife
- A divorce petition (in several copies) that clearly states the grounds for the divorce
- The original marriage certificate from the Population and Civil Registration Office, along with a stamped photocopy
- Photocopies of both parties' ID cards (KTP), and the Family Card (KK)
- Photocopies of the children's birth certificates, especially if child custody is also being sought
- Proof of ownership of joint marital assets (certificates, vehicle registration documents, etc.), if there is a dispute over joint property
- At least two witnesses familiar with the state of the household, to give testimony at the hearing
Filed with the District Court covering the domicile of the defendant, and likewise requires a mediation process before the case is examined on its merits.
The documents and steps outlined above are general in nature — they may vary depending on the specifics of each case (e.g., the spouse's address is unknown, a mixed marriage involving a foreign national, or a dispute over joint marital assets). This information is educational and does not constitute legal advice for your specific case.
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