Hiring-a-Divorce-Lawyer-in-Japan-v

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In the United States, divorce is a civil law matter handled by individual state courts. The requirements, costs and complexities of divorce differ significantly between the fifty states. Those seeking a divorce in Japan need to hire an attorney who has expertise with Japanese family law. A Tokyo divorce lawyer should be familiar with the various procedures and complexities involved.

A divorce can be obtained by filing a divorce petition at a family court. The petition should be signed by both parties, and attached should be copies of their marriage certificate and a certified translation of the marriage certificate (if necessary). If there are children, the couple must present a copy of each child’s birth certificate. A separate form is needed for requesting the division of marital property and pension benefits.

An uncontested divorce by agreement can be completed relatively quickly, in a matter of weeks. Contested divorces, however, may require months or years to complete, depending on the complexity of the case and the number of issues to be resolved. In addition, litigation can be expensive and stressful, particularly for small businesses and individuals with limited income.

Generally, one parent will be granted custody of the child(ren). A court will decide on custody after considering many factors such as the parent’s relationship with the children, the standard of living during the marriage, and other considerations. The spouse without custody may be required to pay alimony.

If 離婚に強い弁護士 東京 does not agree on a custody arrangement, they can request mediation at a family court. Alternatively, they can file a lawsuit in district court. A judge will decide on custody after evaluating arguments and evidence presented by each party.

International divorce cases are becoming increasingly common, with many foreign couples living in Japan. In these cases, it is important to consider how the divorce will be conducted: which country’s laws will govern the proceedings? Which court will have jurisdiction? It is also possible for a foreign national to be the spouse of a Japanese citizen, which can complicate matters further.

Hirotaka Honda has extensive experience with family law, including divorce/dissolution, international child abduction, and relocation cases. A significant number of his clients use English as their first language and are from common law countries. He has taken Hague Convention 1980 cases, assisting with the return of children from abroad. He is also a member of the Legal Committee on Domestic Violence and has extensive experience in LGBT cases. He has also lectured at the Kanagawa Bar Association on the legal practice of international divorce cases. He is fluent in both English and Spanish. Contact him for a free consultation.