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VISA Q and A on FM COCOLO 76.5 MHz How to get a divorce in Japan On Aired Data: October 5, 1999 |
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Summary of the On Aired Program There are three ways in getting a divorce in Japan: *Uncontested Divorce When a couple both agree on getting a divorce, all they have to do is hand in papers to the nearest municipal office stating this. This is called an “Uncontested Divorce (=Kyougi Rikon)” In an uncontested divorce, it would be a good idea to have written documents stating who will take custody of the child, and the distribution of the property. This document must be signed and stamped by two adult guarantors. *Divorce Mediation When one is against the divorce, the case will be taken to family court, but this is not a trial. Two divorce mediators will consider each case as the third party, and try to help the couple figure out if they really want the divorce, and if so, help to reach an agreement between them. But unfortunately, in many cases it is rather difficult for the couples to reach an agreement. *Contested Divorce This step is taken when both could not reach an agreement under the Divorce Mediation. The case will be taken to the Local District Court, where it will be put on trial. A judgment on the divorce will be made here, regardless of both party’s feelings about the divorce. But in Japan there are conditions as to which kind of cases can be taken to court. For instance, when one was unfaithful, when one has disappeared for more than 3 years, or when one is suffering from a serious mental illness. In other conditions when it is judged that it is difficult to continue the marriage, like when there is domestic violence, or the parents are always fighting in front of their children, the couple may take the case to court. When a verdict has been reached, or an agreement has been made, you would need to attach the documents stating the agreement along with your divorce registration, and hand it in to the nearest municipal office. If you are a foreign national, you must hand in documents to state your divorce to you country’s embassy. |
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