Legal Question in Family Law in Japan
Am I entitled to my husband's assets even if i never contributed money?
I am married to a wealthy japanese man and we have a 8 year old son.He is so powerful and one thing sad he hides me and his son from his parents and friends. It's because i'm not japanese. I'm filipino.So,I live in USA and he is in Japan and we never seen for almost 2 years but he still send us allowances. But sometimes it's hard when his presence is not here. Can I file a divorce and get whatever we are entitled for?Pls.help/
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4 Answers from Attorneys
Re: Am I entitled to my husband's assets even if i never contributed money?
It may be difficult to sue for divorce here if your husband doesn't visit or stay here. Is any of his property here? If so, that may make it easier. Otherwise, you may have to look into divorcing him in Japan.
Re: Am I entitled to my husband's assets even if i never contributed money?
You can seek a divorce if you have been a resident of California for six months and a resident of the County within California for the past three months. You may be entitled to child support, spousal support and one-half of the community property. Community property is that property you and he acquired during marriage. There are other matters to consider since your husband is a resident of Japan. Contact an attorney. Thank You.
Re: Am I entitled to my husband's assets even if i never contributed money?
The issue really becomes: Does CA have jurisdiction over your husband? What are his contacts with this state? If there are not "minimum contacts", as defined, you will have to seek the divorce, support and property in Japan.
Re: Am I entitled to my husband's assets even if i never contributed money?
Serving the summons and petition on your husband in Japan may be difficult, but once done, a California Court will have jurisidiction to grant a divorce and address any property located in California. Of course this assumes that you have been a California resident for at least 6 months.
Obtaining a division of property located in Japan as well as child or spousal support is very complicated. I would strongly suggest consulting with a local attorney.
You may wish to consult also with an attorney familiar with Japanese law to ascertain if a divorce in Japan is more practical.