One of the problems that is often experienced by husbands/wives when they are about to file a divorce application/claim to the Court of Justice is whether to use the services of a lawyer or not. Basically, everyone who wants to file a divorce application/suit at the Court of law is not required to be accompanied by a lawyer. That is, a wife/husband can file a lawsuit/application for divorce by themselves to the court of law.
But the problem is that not everyone knows how the process and procedure for divorce is in the court of law. Not only that, a wife/husband will feel more secure if they have attorneys accompanying them in the court of law. Therefore, it is normal that many husbands and wives prefer to use the services of a lawyer. At least on this basis, we share 5 considerations for husbands/wives who, if they really want to find a lawyer to take care of their divorce:
The first thing you should pay attention to when looking for a lawyer for a divorce is to make sure the lawyer you choose/appoint will have clear legality. That is, a person can be said to be a lawyer if he has a lawyer/advocate card.
Why do you need a lawyer who has legality?
In practice, in early sessions of divorce proceedings, judges usually ask the parties represented by the lawyer to prove their legality as lawyers, such as a lawyer/advocate card. If the legality is not complete, it is possible that the judge will postpone the trial and notify the lawyer to fulfill his legality as a lawyer.
If in the next trial the lawyer cannot fulfill his legality, then the judge will usually recommend finding a new lawyer who has legality if the parties who want to separate really want to be accompanied by a lawyer or have their own trial without using the services of a lawyer.
Mastering Marriage Law & Family
The second thing that must be considered in choosing a lawyer is having to master and understand marriage law. If the provisions and alibis for the divorce are not complied with, then it can be determined that the divorce application/claim that you submitted is rejected or not accepted by the court of law. There are also provisions and reasons for divorce that must be observed and included in a lawsuit message, namely:
One of the parties commits adultery or becomes a drunkard, predator, gambler, and so on which is difficult to recover from.
One party leaves the other party for 2 consecutive years without the other party’s permission and without a legal alibi or for other reasons beyond his control.
One of the parties received a prison sentence of 5 years or a heavier sentence after the marriage took place.
One of the parties commits cruelty or severe persecution that endangers the other party.
One of the parties finds a disability or illness with the result that they cannot carry out their obligations as husband/wife.
Between husband and wife there are always disputes and fights and there is no hope of living in harmony again in the household.
For those who are Muslim, you can add an alibi:
Husband violates the taklik divorce, or
Conversion of religion or apostasy which causes the formation of disharmony in the household.
The reasons for divorce as mentioned above do not have to be fully proven, but one (1) alibi accompanied by sufficient facts is sufficient. If it can be proven, then the status of the marriage that has taken place will be decided “divorced” by the legal assembly.
Protect All Client Data
One of the principles that must be upheld by a lawyer is to protect all data provided by the client regarding the divorce.
The divorce trial is a closed or private trial. That is, the trial cannot be known by the universal public like a trial in general, so that only the client, judge, clerk and lawyer can recognize the entire divorce process. Therefore, lawyers are required to protect the confidentiality of data related to divorce issues
Lawyers should not describe to the public or the public that they are related to the divorce problems that the client is experiencing, unless the lawyer has asked for his client’s permission.
Easy to Make Communication Invited
A good lawyer is a lawyer who is easy to communicate with his clients. Why does a client need a lawyer who is easy to communicate with? So that lawyers can share advice related to divorce problems experienced by clients.
The best consideration by lawyers is to provide input so that they reconsider not carrying out a divorce. However, if it has become the convention of the parties, then the next session is the lawyer will prepare a message for a lawsuit / request for divorce which will be submitted to the court of law with the following information from the client.
Offers Normal & Affordable Price
One of the things to consider in choosing a divorce lawyer is the issue of price. Basically, the price for the services of a divorce lawyer is not set. That is, each attorney’s office has a certain rate. Therefore, clients can choose and use the services of lawyers in divorce cases according to their needs and prices that are normal and affordable.
There are lawyers’ offices that charge for divorce cases up to Rp. 50 million. But there are also those below, such as Rp. 30 million up to Rp. 15 millions. It should be remembered, if the price for the services of a lawyer in an office is felt to be inappropriate or still expensive, then you can also ask for help from various Legal Enforcement Agencies who can help you arrange a divorce with a lower fee or no charge at all.