This document will explain the steps you can take to facilitate the divorce / legal separation (1.),

the difference between divorce and legal separation (2.), what is a Separation Agreement (3.)

and divorce in Japan (4.).

Generally, obtaining a divorce takes time. All states have residency requirements that must be satisfied

prior to filing for divorce. Further, some states require spouses live separate and apart from one another

for a specified period of time before filing for divorce. As you prepare for divorce, the Legal Assistance

Office recommends considering the following:

frozen. This will prevent one spouse from incurring debt that you may be held responsible for

later and/or withdrawing funds from a jointly held account. Common joint accounts include, but

are not limited to, Navy Federal Credit Union accounts and/or credit cards, Military Star credit

cards, and USAA bank accounts and/or credit cards.

one another prior to divorce, living separate and apart may, in certain cases, reduce stress in the

document or contract between two spouses wanting to separate before or during the divorce

process, and establishes terms by which each spouse will have to abide until the divorce is final.

A separation agreement may be helpful to discuss terms and come to an agreement in advance.

It depends. Come to our office walk in hours to speak with an attorney about your legal options. We may

be able to direct you to needed forms in order to file for legal separation, but you also may need to hire

your own, private attorney in the state you want to obtain a legal separation.

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spousal maintenance, child custody, and child support. Once signed by each spouse, it becomes a binding

contract between them. It contains binding and – in most cases – final promises. Please speak to an

attorney to see if a separation agreement may benefit you and your family.

No one can compel a spouse to sign a separation agreement, not even a First Sergeant or Commander! A

separation agreement must be voluntarily entered into and signed. No law or regulation can require a

separating couple to execute a separation agreement, including ERD requests. Coercion, fraud, undue

influence, or lack of knowledge may void the terms of a separation agreement. Fair agreements are more

likely to be upheld by a court. Terms regarding child support, custody, and visitation may always be

Email the Legal Assistance Office to schedule an appointment. After meeting with an attorney, you will be

provided a Separation Agreement worksheet for you to fill out. Once the worksheet has been completed

and to establish a Attorney-Client relationship will be the only one represented. The other party will be

conflicted and will not be eligible for legal advice from our office.

A separation agreement does not have to be filed with a court. Separation agreements are contracts

between spouses and not approved by a court.

Come to our office walk in hours to speak with an attorney about your legal options

file directly in the U.S. A Japanese family court divorce is generally recognized in the U.S. as long as the

parties were present for the proceeding and at least one party was residing in Japan. For a U.S. court to

recognize and enforce the terms of any Japanese divorce decree, it must be translated into English, and

subsequently filed in a U.S. court of competent jurisdiction. However, there is no guarantee that the U.S.

court of competent jurisdiction will recognize or approve the terms of the divorce awarded in Japan. It is

best that you go through the divorce process once in the U.S., rather than filing in Japan and seeking

recognition in the U.S. This is the most risk adverse option if enforcement of terms through U.S. court is

anticipated.

There are three types of divorces in Japan, but not all of them are available when both parties are US

only when one party is a Japanese national. Both parties sign a divorce paper and turn it in to the

city hall of the Japanese party’s residence or permanent address. That specific city hall will issue

a “certificate of acceptance of report divorce,” which is the proof of your divorce. This is an extra-

judicial divorce because no court or Judge is involved. Since all states in the U.S. require divorce

be granted by a court, the legality of this Japanese extra-judicial divorce is uncertain when its

validity is attacked or questioned in a state court. However, the U.S. Navy and other federal

agencies, such as Social Security Administration, U.S. Citizenship and Immigration Services and

Department of State, accept the certificate of acceptance of report of mutual consent divorce as

parties enter into a separation agreement. Some U.S. federal agencies or state agencies may not

recognize child custody arrangements made by the mutual consent divorce.

agree to all terms of the divorce for the family court to grant the divorce petition. Once a judge

grant the divorce, the court will issue a record of mediation, which has the same effect as a

judgement. If both parties are from the same U.S. state, the Japanese family court will apply that

state’s substantive law to the divorce. For example, if both parties are residents of VA, they must

satisfy the statutory period of separation before the family court grants the divorce petition. If

the parties are residents from different U.S. states or countries, Japanese law would apply to all

aspects of the divorce.

terms of divorce, including amount of child support and division of marital assets. All or some of

sole custodial parent. Joint custody cannot be awarded under Japanese law.

divorce through the abovementioned mediation process, a Judge may grant the divorce petition

upon finding grounds for divorce. Japan has very distinct grounds for divorce. Consulting with a

Japanese attorney is the best way to learn the likelihood of a court granting a divorce in your case.

If a U.S. citizen parent is concerned that a current or former Japanese spouse may surreptitiously file a

notification of divorce or declaration naming themselves as the sole custodian of the children, the U.S.

citizen parent can file a Petition for Non-Acceptance of Notification of Divorce (rikon fujuri moshidesho)

of the Japanese parent.

There is no requirement for the foreign divorce certificate or judgement to be registered in the U.S. for it

to be valid. It is considered valid until a party challenges the validity of the divorce and that court finds it

invalid. Some states allow the out-of-state divorce decrees to be registered in the U.S., and some states

allow such decrees to be acknowledged only when the terms of the decrees must be enforced by that

state court. Please check with your state for the registration process. Generally, the registration process

for international decrees is the same as that required for domestic decree from other U.S. states. However,

some states may not acknowledge the terms on the foreign divorce decree automatically.