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• TroublesDivorce

The procedures for divorce in Japan

• 1. Divorce by agreement
  The simplest type where spouse agree to divorce, sign and attach their personal seals to the divorce papers and deliver them to the family registry at the ward office.
  
• 2. Divorce by mediation
  If spouses cannot agree then divorce agreements are reached through the mediation process connected with the family courts. Mediation is given priority, therefore you cannot go to court without going through mediation.
• 3. Divorce by decision of the family court
  If agreement cannot be reached during mediation then divorce is granted by family courts decision.
  
• 4. When mediation ends in acrimony then the divorce is submitted to the family court and divorce is granted by court judgment.
  
  ＊If your marriage is registered overseas, you must go through divorce procedures in that country. You should ask the consulate or embassy of your home country about the procedures.
  
  ＊In order to prevent your husband/wife from submitting a divorce paper without your consent, you can submit a paper of non acceptance of divorce to the family register section of the Citizen Services division in the City Office. However, if both parties have foreign nationalities, you can not submit the paper.
  
  ＊You must give notice to Immigration Bureau within two weeks after the divorce.
  
  ＊In the event that you have been given custody of the children after the divorce, you can apply for the "Long term resident visa".
  
  ＊You are still eligible to apply for the "Long term resident visa" depending on the duration of you marriage or your situation, even if you do not have a child.
  
  ＊Even if you are in the situation of overstay, as long as you have particular conditions such as being married to a Japanese, you may be eligible to obtain the status of residence called "special permission for residence"
  
  ＊If you use a lawyer to file for a divorce, you need to pay legal fees. If you cannot afford the fees, you may apply for civil legal aid at the "Houterasu," Japan Legal Support Center. They will pay the fee, which you can pay back later in installments.

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The translation is based on the data available as of July, 2013. Please note that new systems, system changes etc. may have been introduced after this date. Responsibility for the linked websites lies with their creators. Kobe City accepts no responsibility for their content etc.