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VISA Q and A on FM COCOLO 76.5 MHz Refusal for request of uncontested divorce On Aired Data: June 15, 1999 |
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Summary of the Aired Program |
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Client: A foreign female who married a Japanese male four years ago. They have no children. Her husband is a businessman. She is continuously working full time for the same employer she has worked for before her marriage. She has a year left on her spouse visa. Case: The couple got in a fight last December, and her husband has not spoken to her since. Not only that, but he comes home late from work, or sometimes he even decided not to come home. At the beginning of February, her husband brought home a divorce registration to ask her for a divorce. Since then he has been calling her every night to persuade her to sign the documents. She got really afraid of him and had no choice but to sign the divorce registration. Although she was forced to sign the divorce registration, she still does not agree to the divorce, and since her husband has not yet turned in the divorce registration, she would like to know if there is any way to stop the divorce. If the divorce registration had been handed in to the municipal office, the divorce is final. The choice left in this case would be to file for an “Invalidity of the Divorce”. But when filing for this, you must keep in mind that it is very difficult to win such a case. Fortunately, in our client’s case it seems that the husband has not yet turned in the divorce registration. In this case, our client would have to file for a “Refusal for request of uncontested divorce (kyougi rikon no fujyuri moushide)” at the family registration department of the municipal office. This is filed when either of the spouses is forced to sign the divorce registration against their own will, or when there is fear that a divorce registration will be handed in without ones knowledge. All you have to do to file for this is sign some documents which you can get at the municipal office. Once this “Refusal for request of uncontested divorce” is handed in, the divorce registration will not be accepted for 6 months even if her husband hands it in. The couple can reconsider their divorce during this time. Also, if they reach the decision to get the divorce, she will have time to request for the change of status or residence after the divorce. If by any chance the couple does not reach a decision within the 6 months, and there is fear left that the husband may turn in the divorce registration on his own, she can file for the “Refusal of request of uncontested divorce” again, to stop the divorce from becoming official for another 6 months. If the divorce becomes official and she wishes to stay in Japan, on her next renewal she would have to change her visa, because she is no longer eligible for the spouse visa. Fortunately, since she has continued working for a company she had worked for before her marriage, she can change to the working visa. By any chance if this were not permitted by the immigrations, she also has a chance to apply for the Long Term status because obviously she has adapted very well to the Japanese society because she was able to work for the same employer for a certain amount of time. Also the fact that she has kept her job will also connect to her being able to make a living on her own in Japan. These are the qualities needed for one to apply for the Long Term status. |
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