"What Happens to the Residency Status of Spouses of Japanese Nationals? A Guide to Post-Divorce Procedures" Part 2
office-babaakiraThe Process of Filing for Divorce in Japan
Topic: Necessary Procedures and Key Points for Foreigners Divorcing in Japan
When filing for divorce in Japan, understanding the legal procedures and requirements is essential. For foreign spouses, it is also necessary to consider the legal processes and implications in their home countries. This article explains the types of divorce in Japan, the procedural steps, and the documents required.
1. Types of Divorce in Japan
In Japan, there are three main types of divorce. Each has a different process and set of requirements:
(1) Divorce by Mutual Agreement (Kyogi Rikon)
- Characteristics: The simplest and fastest method, where both spouses agree to divorce and submit a divorce form to the municipal office.
- Requirement: Mutual consent of both parties; no involvement of third parties.
- Submission: Submit the divorce form to the city or ward office.
(2) Divorce by Mediation (Chotei Rikon)
- Characteristics: If the spouses cannot agree, they may seek mediation at a family court, where a neutral third party facilitates discussions to reach an agreement.
- Requirement: Often used when disputes over property division, child custody, or other matters arise.
- Timeframe: The process may take several months to over a year.
(3) Divorce by Court Judgment (Saiban Rikon)
- Characteristics: If mediation fails, either party can file a lawsuit, and the court will decide whether to grant a divorce.
- Requirement: Valid reasons for divorce, such as infidelity, abuse, or abandonment.
- Timeframe: This process can take years in some cases.
2. Steps for Filing for Divorce
(1) Filing a Divorce Form (For Mutual Agreement)
- Prepare Necessary Documents
- Divorce form (available at the municipal office)
- Seals or signatures of both spouses (depending on requirements)
- Marriage certificate or family register copy (if required for foreign spouses)
- Complete and Sign the Form
- Fill in all required details and obtain the signatures of both spouses.
- Submit to the Municipal Office
- Submit the completed form to the city or ward office. The divorce becomes official upon acceptance.
(2) Mediation and Court Divorce Procedures
- File an Application with the Family Court
- For mediation, submit a petition to the family court.
- Proceed with Mediation or Court Hearings
- A mediator will assist in discussions for mediation. In court cases, evidence and witnesses are presented for the judge to decide.
- Submit the Divorce Form
- After mediation or court judgment, submit the finalized divorce form to the municipal office.
3. Key Points for Foreign Spouses
(1) Confirm Divorce Recognition in Your Home Country
- Check whether a divorce filed in Japan will be recognized in your home country.
- Some countries may require additional steps or documentation for legal recognition. Consult your embassy or consulate if necessary.
(2) Child Custody Issues
- In Japan, custody of children after divorce is awarded to one parent only.
- If you wish to gain custody, ensure your claims are well-documented and presented during the divorce process.
(3) Language Barriers
- Divorce-related forms and procedures are typically conducted in Japanese. Consider hiring an interpreter or using translation services as needed.
4. Documents Required for Divorce
Below is a general list of documents needed for filing for divorce. Requirements may vary, so confirm with your local office:
- Divorce form (available at municipal offices)
- Passport or residence card
- Family register copy (for Japanese spouses)
- Marriage certificate (if required by the foreign spouse’s home country)
5. Next Steps After Divorce
Once the divorce is finalized, additional steps are necessary to secure your residency and rebuild your life:
- Report the divorce to the Immigration Bureau (within 14 days).
- Apply for a change in residency status (e.g., Long-Term Resident Visa, Work Visa).
- Arrange housing and secure employment if needed.
Conclusion
The divorce process in Japan varies depending on the type of divorce and the circumstances of the couple. For foreign spouses, additional considerations such as home country laws and language challenges must be addressed. In the next article, we will explore "Post-Divorce Residency Status Changes in Japan."
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