Introduction
Getting divorced can be a challenging and emotional process, regardless of where you are in the world. However, the laws and procedures surrounding divorce can differ significantly from country to country. In Japan, divorce is viewed as a legal process that requires a significant amount of time and effort to complete. This article will explore the ins and outs of what happens if you get divorced in Japan.
Legal Grounds for Divorce
In Japan, there are several legal grounds for divorce. These include adultery, domestic violence, abandonment, mental illness, and irreconcilable differences. The most common reason for divorce in Japan is irreconcilable differences, which means that the couple has reached a point where they can no longer live together.
The Divorce Process
The divorce process in Japan can be lengthy and complex. First, one spouse must file for divorce at their local family court. Then, both parties must attend counseling sessions to try to reconcile their differences. If these sessions are unsuccessful, the court will proceed with the divorce proceedings. The court will then decide on issues such as child custody, property division, and spousal support.
Child Custody
When it comes to child custody in Japan, the court’s decision is typically based on what is in the best interest of the child. In most cases, custody is awarded to the mother. However, if the mother is deemed unfit or unable to care for the child, custody may be awarded to the father.
Property Division
In Japan, property division is based on a system of community property. This means that all assets acquired during the marriage are considered joint property and are divided equally between both parties upon divorce. However, if one spouse can prove that they contributed more to the acquisition of certain assets, they may be entitled to a larger portion of those assets.
Spousal Support
Spousal support, also known as alimony, is determined by the court based on factors such as the length of the marriage, each spouse’s income and earning potential, and the standard of living established during the marriage.
Divorce Mediation
In Japan, divorce mediation is an alternative to traditional court proceedings. This process involves both parties meeting with a neutral third party to negotiate a settlement agreement. If an agreement is reached, it will be submitted to the court for approval.
Divorce Rates in Japan
Divorce rates in Japan have been steadily increasing over the past few decades. In 2018, there were over 220,000 divorces in Japan. Despite this increase, divorce is still somewhat stigmatized in Japanese culture, and many couples may choose to stay together for appearance’s sake.
International Divorce
If one or both spouses are not Japanese citizens, the divorce process may become even more complicated. It’s essential to consult with an experienced attorney who can guide you through the process and ensure that your rights are protected.
Post-Divorce Life
After a divorce in Japan, both parties may experience significant changes in their lives. For example, they may need to find new living arrangements, adjust to a new financial situation, and navigate their new relationship with their ex-spouse.
Conclusion
Getting divorced in Japan can be a complex and emotional process. However, understanding the legal grounds for divorce, the divorce process itself, and issues such as child custody, property division, and spousal support can help make the process smoother. If you’re considering getting divorced in Japan or have already started the process, it’s crucial to work with an experienced attorney to ensure that your rights are protected.
What happens when you divorce in Japan?
In Japan, couples seeking divorce can choose between going through the family court system or a simpler registration process at the ward office called “mutual consent divorce” (kyogi rikon). The ward office route is often quicker and more affordable compared to the family court process.
Do both parties have to agree to a divorce in Japan?
In Japan, a spouse cannot initiate a divorce without the agreement of their partner, according to Japanese law. Divorce in Japan requires mutual consent from both parties, and when divorce is agreed upon outside of court, it is called “Kyogi-Rikon” in Japanese.
How long can you stay in Japan after divorce?
This article covers key information regarding spouse visas, including the fact that they are valid for 6 months after a divorce is filed. If one wishes to remain in Japan beyond this period, they must file a petition to change the status of their residency.
Do Japanese look down on divorce?
The strong cultural stigma against divorce in Japan is mainly due to their family registry system, known as koseki. In the past, when registry records were handwritten, when two people got married, one of them would take on the other’s surname, essentially becoming a member of their spouse’s family.
Is divorce considered shameful in Japan?
In contemporary Japanese culture, it is commonly believed that marriage is a requirement for all women and divorce is a significant failure and source of lifelong shame. Women who have experienced divorce, along with their children, are often stigmatized.
Does Japan recognize US marriages?
If an authorized certificate of marriage from a foreign country is delivered, Japan recognizes the marriage as valid according to the laws and formalities of that foreign country.
It’s also essential to consider the cultural attitudes towards divorce in Japan. While divorce rates are increasing, divorce is still somewhat stigmatized in Japanese society. Couples may feel pressure to stay together for the sake of their children or to avoid social judgment. This can make the decision to get divorced even more challenging.
Additionally, the process of obtaining a divorce in Japan can be lengthy and expensive. It’s important to be prepared for the financial costs and potential emotional toll of the process. Working with an experienced attorney can help ensure that the process goes as smoothly as possible and that your rights are protected throughout.
Finally, it’s worth noting that there are resources available to those going through a divorce in Japan. For example, there are support groups and counseling services available for those who may be struggling emotionally. It’s important to take care of your mental health during this challenging time.
In conclusion, getting divorced in Japan can be a complicated and emotional process, but understanding the legal grounds for divorce, the divorce process itself, and issues such as child custody, property division, and spousal support can help make the process smoother. It’s also important to consider the cultural attitudes towards divorce in Japan and to be prepared for the potential financial and emotional costs of the process. Working with an experienced attorney and taking care of your mental health can help ensure that you navigate this challenging time as smoothly as possible.
