I’ll try to keep this as simple as possible.
Currently military and stationed in Japan. I have been married to a Japanese woman for about a year and a half now and want to get out of this terrible marriage but she wont agree to a divorce at the court house.
I understand all of the japanese forms of divorce but my military lawyer suggested filing for divorce in a state I am a resident in. For me that would be California or Texas.
If I was to file for divorce in one of these states would the japanese court recognize this and finalize the divorce?
I havent seen any specific answers to this question on reddit so any help would be appreciated.
7 comments
I don’t know the answer, also American and married but not military, but sorry you gotta go through this.
You would really need to consult a lawyer specializing in the area for solid advice about this.
My general understanding (as someone who is not a specialist) is that if you got married in Japan and have been residing in Japan as a married couple, the Japanese courts won’t recognize a divorce under American law if you just go to the US and get one there by yourself.
The requirements for divorce differ between Japan and US states (in particular if you want to get divorced in Japan from a partner who is unwilling to agree to it, the Japanese Civil Code requires that you fit your claim into one of several grounds of divorce, something that is not necessarily required in the US). Also, if you’ve gone through a divorce procedure in the US without the participation of your wife, Japanese courts will take a very dim view of that (as will American courts for that matter).
If you are married abroad you must get that taken care of before the Japanese government will allow you to proceed. If not, she prpbably signed one of those ” I refuse to divorce ” papers at city hall and you may need to reach an agreement before the courts will grant a divorce.
You need to file for the divorce in the same country as where you registered the marriage.
In the case of you getting married in Japan, you also need to get the divorce done in Japan; As getting it done anywhere else, say the US, will only make you “divorced” in the US.You will **still** be counted as Married in Japan – as the **systems and registry are separate.**
Sooooo *unfortunately*, **you will need to get this pushed through in Japan – and you will need to get your “wife” to sign the divorce papers**, as a Court-ordered divorce is both costly, time consuming and most of all – needs **underlying agency for why the divorce is needed** (I.e – She is abusing you, threatening to kill you, robbing you etc. etc. – ***You need a VERY Good reason – With evidence!*** to get them to forcefully order a divorce)
For better or worse, you can only get divorced with the consent of both spouses in Japan, the only exceptions being 1) Violence 2) Adultry 3) Abandoment.
You can be a bastard and abandon her physically and financially via **悪意の遺棄** but essentially it will still be on her to make the paperwork happen. And this will of course leave you open to paying restitution. If you do not have SOFA or assets in Japan by then I assume this is will be as fruitless as trying to squeeze blood from a turnip.
I would suggest to be ethical about it and seek 調停離婚 or “chotei rikon” at the family court which will essentially try to find a way for you two to make peace or break cleanly.
> at the court house
simple divorce is a single paper filed at the ward office, not a court.
You need to mention in the main post you have a child. Sorry but you’re not going to get away easily with a child in the mix