Americans can get divorced in Japan.


There is no need to report your divorce to the Embassy or one of our Consulates and no requirement or procedure to do so.


With the caution noted below about a "ward office" divorce (see the FAQ, below), legal divorces in Japan are also legal in the U.S.

There are four types of divorce in Japan:

  Divorce by agreement (kyogi rikon), based on mutual agreement.


  Divorce by mediation in a family court (chotei rikon), completed by applying for mediation by the family court (for cases in which divorce by mutual agreement cannot be reached).


  Divorce by decision of the family court (shimpan rikon), which is divorce completed by family court decision when divorce cannot be established by mediation.


  Divorce by judgment of a district court (saiban rikon). If divorce cannot be established by the family court, then application is made to the district court for a decision (application for arbitration is a prerequisite). Once the case is decided, the court will issue a certified copy and certificate of settlement, to be attached to the Divorce Registration.

This information has been prepared to assist American citizens who are considering divorce in Japan. This guidance is based upon an informal review of Japanese law and procedure. Those seriously considering divorce should consult an attorney or the nearest Family Court.

Q: Can foreign citizens be divorced in Japan?

A: Yes. However, foreign citizens must show evidence that they are able to be divorced in their country of nationality and that the procedures used in Japan are compatible with those of their home country.

Q: What is a "Ward Office" divorce?

A: Japanese law allows for divorce either through the family court system or through a simple registration procedure at the ward office. Known in Japanese as "mutual consent divorce" (kyogi rikon), this ward office procedure can be faster and less expensive than going through the Family Court.

Q: Can Americans get a "Ward Office" divorce?

A: Since January 1, 1990 Japanese law has allowed "mutual consent divorce" in cases where at least one spouse is a Japanese national. Thus, "mutual consent divorces" between American citizens and their Japanese citizen spouses are now legal in Japan.
As with marriage registration, the American spouse need not be physically present at the ward office to register the divorce providing that the registration documents have been properly signed and sealed beforehand by both parties.

Be warned, however, that the United States has no procedure for extra-judicial divorce and the legality of this procedure in various states in the U.S. is uncertain.

Q: What is the main function of the Family Court?

A: Protect the welfare of minors, conciliate in marital difficulties, approve the dissolution of marriages, handle estates and inheritance.

Q: How do Americans file for divorce in Family Court?

A: The couple goes to the Family Court to register. Following this, one or more conciliation meeting will be held before a mediator and a judge. The aim of these consultations is to effect a reconciliation or, failing that, to arrange mutually agreeable terms for the dissolution of the marriage.

Q: What are the residency requirements for filing?

A: At least one of the parties must be a legal resident of Japan. The court will not accept cases from couples who have traveled to Japan for the sole purpose of obtaining a divorce.

Q: Can a divorce be granted in absentia?

A: While both parties do not need to be present to file and begin the procedures leading to a divorce, because of the nature of the conciliation process, the court will require the appearance by both parties for at least one joint hearing.

Q: Do the personnel of the Family Court speak English?

A: Many of the mediators and judges have English language ability. However, the court advises non-Japanese speakers to bring with them a person who can read and write Japanese to assist them in completing the registration forms. Parties may wish to bring their own translator to the hearings.

Q: Is a divorce granted by the Family Court valid in the U.S.?

A: A divorce legally granted in one country is generally recognized in the United States as long as the parties were present for the proceeding, at least one party was resident in the country of forum, and recognizing the divorce will not violate a strong public policy of the United States.

Q: How is the custody of children determined?

A: The general practice is to award custody to the mother unless there is an overriding reason to award custody to the father. Nationality of the child is not considered crucial in the determination of which parent will assume custody.

Q: What about enforcing child custody agreements?

A: A foreign child custody agreement cannot be automatically enforced in Japan, although the court can order enforcement. In the case of parental kidnapping from the U.S. to Japan, the custodial parent can apply through the court in Japan to require the return of the child to the United States.

Q: What documents are required to make an application for divorce?

A: The application form (available gratis from the Family Court) and the following supplementary documents. All English language documents must be translated into Japanese.

• Copy of marriage certificate.
• Abstract of United States state law pertaining to divorce. (The Martindale-Hubble Law Digest, available at Japan's National Diet Library and the Embassy Reference Service provide an abstract of each United States state divorce law. A copy of the page of that volume pertaining to the U.S. citizen's particular state, with a translation, meets this requirement.)
  
  DivorceNet
  Cornell University: State Law
  WashLaw: State Law
  
  
• A copy of certificate of alien registration for non-Japanese parties.
• Revenue stamps: -900
  Postage stamps: -80 x 10

If the couple has a minor child, the birth certificate of the child must be presented. The court may also request copies of the birth certificates or passports of the parties to the divorce. Japanese citizens must normally present a copy of family register and certificate of residence (juminhyo).

Divorces in the US are granted by states, and so the requirements, costs, complexities and time vary among all fifty jurisdictions. You will need to hire an attorney who practices in the state you wish to divorce in.

However, if you want at an early stage just some background information on a state-by-state basis, you may wish to visit www.divorcesource.com. You must consult an attorney before preceeding, or if you have questions about what you read online.



More detailed information in Japanese can be provided by any branch of the Family Court. A listing of the addresses and phone numbers of the Family Courts follows. Further information can also be obtained from Japanese attorneys.

You can find our list of attorneys here.

Fukuoka Family Court
1-7-1 Otemon, Chuo-ku, Fukuoka-shi 810-8652
Telephone: (092) 711-9651


Kagoshima Family Court
13-33 Yamashita-cho, Kagoshima-shi 892-0816
Telephone: (099) 222-7121


Kumamoto Family Court
3-31 Chibajo-machi, Kumamoto-shi 860-0001
Telephone: (096) 355-6121


Miyazaki Family Court
2-3-13 Asahi, Miyazaki-shi 880-0803
Telephone: (0985) 23-2261


Nagasaki Family Court
6-25 Manzai-machi, Nagasaki-shi 850-0033
Telephone: (0958) 22-6154


Oita Family Court
7-15 Niage-machi, Oita-shi 870-8564
Telephone: (097) 532-7161


Saga Family Court
3-22 Nakanokoji, Saga-shi 840-0833
Telephone: (0952) 23-3161


Tokyo Family Court
2-3 Kasumigaseki 1-chome, Chiyoda Ku, Tokyo 100
Telephone: (03) 3502-8311


Tokyo Family Court - Hachioji Branch
21-1 Myojin-cho 4-chome, Hachioji Shi 192
Telephone: (0426) 42-5195


Yamaguchi Family Court
1-6-1 Ekidori, Yamaguchi-shi 753-0048
Telephone: (0839) 22-1330


Yokohama Family Court
1-2 Kotobuki-cho 1-chome, Naka Ku, Yokohama Shi 231
Telephone: (045) 681-4181


Yokohama Family Court - Yokosuka Branch
3 Tadodai, Yokosuka Shi 238
Telephone: (0468) 25-0569


Yokohama Family Court - Odawara Branch
7-9 Honcho 1-chome, Odawara Shi 250
Telephone: (0465) 22-6586