There are two ways of divorce: Consensus divorce and Unilateral divorce. In which consensus divorce is the fastest and simplest.
In usual, in a divorce case, the court will settle 3 issues:
- Marriage relationship
- Children custody after divorce and alimony responsibility
- Share common property
Therefore, the condition to be able to apply a consensus divorce is that the husband and wife must reach the consensus of all three issues mentioned above:
- Agree to divorce
- An agreement is reached who will raise the children and what are the child support responsibilities of the person who does not directly raise the children after divorce
- Reach an agreement on the division of common properties
The procedures for a consensus divorce is as follows:
- Both husband and wife signed and filed the consent form for divorce to court
- Pay an advance of the court fee for the court to accept the consensus divorce petition.
- Participating in a mediation session for the court to consider the divorce agreement. If the couple does not want to divorce anymore, the court will issue a decision to stop the case. If the husband and wife still agree to divorce, the court will issue a decision to recognize the consent to divorce.
The two parties will not have the right to appeal against the decision to recognize the divorce consent.
Usually, a consensus divorce case will end within about 1 month from the date of payment of the court fee advance.
