Legal Question in Family Law in Japan
Divorce procedures/rules in Japan between Japanese citizens
My friend has been living separately from his wife for over five years, mostly in the United States. He moved back to Japan in Jan. 2000 and lives in a different city than his wife. He would like to divorce, but is not sure of how to proceed.
Both of his children are adults, and the wife is financially very well off--she lives in their house, has her own money and whatever money he made in the past.
Neither one of them receives money from the other, although his father's estate is being settled at the moment by his brother. There is a complication there, but I am not privy to the details.
It also appears that the wife is not willing to grant him a divorce or make it easy for him to do so.
What is the quickest way for him to obtain a divorce in his country? Both parties are Japanese.
Can he request any money from her, or will this make it too time-consuming for him to divorce quickly? (Japanese wives usually handle all the money in the family.)
What should he do first?
1 Answer from Attorneys
Re: Divorce procedures/rules in Japan between Japanese citizens
I cannot advise you on Japanese law because I have no knowledge of it. However, if the wife or the husband live in either the District of Columbia, Maryland or Virginia I can tell you the law in these jurisdictions. First, he does not have to have the permission of the wife in DC/MD/Va to divorce. The fact that they have lived separate and apart for the last 5 years meets all three states requirements for a divorce based on no-fault. Second, is either party living in DC/MD/VA? If so, then they can file for divorce in this area. If they are not then it makes it more difficult and I'm inclined to tell you to have him pursue divorce in his locale. If the wife is living in this area I would file for divorce in this area because this allows the court to acquire what is known as "personal jurisdiction". Without personal jurisdiction the court could grant him a divorce but could not settle property issues or issues involving spousal support (aka alimony). For that reason alone I would advise him to file in the location (if in the US) where the wife now resides.
Hope this helps. You are a good friend indeed to be so concerned. Good luck!
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