"What Happens to the Residency Status of Spouses of Japanese Nationals? A Guide to Post-Divorce Procedures" Part 6
office-babaakiraCommon Divorce-Related Problems and How to Address Them
Topic: Typical Issues During Divorce and Their Solutions
Divorce is a significant event, both emotionally and legally, and various problems may arise. For foreigners divorcing in Japan, cultural and legal differences, as well as language barriers, can make the situation more complex. This article explores common issues faced during divorce and offers practical solutions to address them effectively.
1. Problems Related to Property Division
(1) Common Issues
- The spouse conceals the full extent of assets.
- Disagreements over the percentage or criteria for property division.
- Difficulty in assessing the value of assets acquired during the marriage.
(2) Solutions
- Consult a Professional: Seek advice from a lawyer to confirm the standards and fairness of property division.
- Gather Evidence: Secure proof of assets, such as bank statements or property ownership certificates.
- Utilize Mediation or Court: Aim for fair property division through family court mediation or litigation.
2. Problems Related to Child Support and Custody
(1) Common Issues
- Disputes over which parent will have custody.
- Lack of agreement on the amount or method of child support payments.
- One parent obstructs the other parent’s visitation with the child.
(2) Solutions
- Prioritize Discussions on Custody: Focus on the child’s best interests and engage in thorough discussions about custody arrangements.
- Mediation at Family Court: If no agreement is reached, file for mediation at the family court to resolve custody and child support issues.
- Establish Visitation Agreements: Use the court to formalize visitation frequency and conditions.
3. Problems Related to Post-Divorce Residency Status
(1) Common Issues
- Uncertainty about maintaining residency status after divorce.
- Application for a change in residency status is denied.
- Failure to report the divorce to the Immigration Bureau affects future applications.
(2) Solutions
- Prepare Early: Begin preparations for a residency status change immediately after the divorce is finalized.
- Seek Expert Assistance: Consult an administrative scrivener or other immigration expert to ensure accurate documentation.
- Report to the Immigration Bureau: File the required report within 14 days of the divorce.
4. Problems Involving Domestic Violence (DV) or Harassment
(1) Common Issues
- Violence or harassment escalates when divorce is sought.
- The spouse uses assets or children as leverage to obstruct the divorce.
- Forced contact with the abuser during legal proceedings.
(2) Solutions
- Immediate Action: If experiencing DV, contact the police or a spousal violence counseling support center immediately.
- Apply for a Protection Order: Request a protection order from the family court to prevent contact with the abuser.
- Engage a Lawyer: Work through a lawyer to avoid direct interactions with the abusive spouse.
5. Problems Due to Language and Cultural Differences
(1) Common Issues
- Divorce documents and explanations are entirely in Japanese, making it difficult to fully understand.
- Cultural differences in values hinder productive discussions with the spouse.
- Lack of knowledge about laws and systems results in accepting disadvantageous conditions.
(2) Solutions
- Use Interpreters or Translators: Employ translation or interpretation services to ensure accurate understanding of the procedures.
- Learn About Cultural Contexts: Educate yourself about Japanese laws and divorce systems to make informed decisions.
- Consult Support Organizations: Seek assistance from NPOs or international exchange centers for language and cultural support.
6. Problems Rebuilding Life After Divorce
(1) Common Issues
- Financial instability makes post-divorce life difficult.
- Struggles with mental stress and loneliness.
- Changes in the child’s living environment affect their education and development.
(2) Solutions
- Utilize Financial Support: Access public assistance programs like welfare benefits or child allowances.
- Seek Emotional Support: Join counseling sessions or support groups to care for your mental well-being.
- Use Educational Support for Children: Leverage school or community educational support services to stabilize your child’s life.
Conclusion
Problems during divorce are not uncommon, but knowing how to address them can prevent them from escalating into larger issues. By staying calm and seeking assistance from professionals or support organizations, you can navigate these challenges effectively. In the next article, we will discuss "Personal Stories and Expert Advice for Starting Over After Divorce."
Follow me!
