Q. How do I get divorced if my wife is in Japan and I am in the United States?

A. If you got married outside Japan and then registered it in Japan you will need to have shown the Shiyakusho the original marriage certificate. In the same way if you are getting a divorce outside Japan and want to get it registered in Japan you will need to provide proof of the divorce.

Mutual consent divorce in Japan - Kyougi Rikon 協議離婚 is very easy and fast.

If your wife is agreeable to Kyougi Rikon then the absolute fastest way is to get on a plane, meet her at the Shiyakusho where her family register is kept. Show your passport; fill in two forms, pay a small fee, wait 10-15 minutes and the marriage is over.

If not, she can do it without you being there but you will have to get the forms sent to you, fill them in and get them notarized, sent back together with two valid forms of ID. Still fast and easy.

If she is not agreeable then you will have to come to Japan and start divorce proceedings here. You can’t do this from outside Japan. It can be slow, tedious and expensive. If children are involved you will not get custody.

Q. Help. I’ve been arrested. I need a lawyer.

A. Well first thing find out if you have actually been arrested (Taiho)

The Japanese police have a wide latitude in detaining and holding suspects without actually arresting them. You might simply be ‘helping’ the police with their enquires or you are being held while you make a statement about your side of the story.

If this is the case then a lawyer will not be able to help you in any practical way. Save that step for later.

Even if your Japanese language skills are excellent it is far better at this stage for you to ask for an interpreter before answering any questions or especially making a statement. You have that right and the police have a list of court registered interpreters in most common languages.

An interpreter will be able to accurately explain to you the police’s questions and then correctly interpreter your answers. An interpreter will also assist you in checking the details of your statement before you sign it.

Remember that statement is the core document that the police and prosecutors will use to make any decisions regarding further action so it had better be a clear reflection of your story. Once you’ve signed it, don’t ever change the story that it tells.

Many non Japanese have found themselves in hot water because they weren’t able to clearly explain what happened and ended up signing a document saying something completely at odds with what they meant to say.

One of the most frustrating tasks of living in Japan is finding and keeping a place to live. Japanese land agents are reluctant to find apartments or houses for non Japanese. You may be the most upstanding, law abiding citizen that ever walked this fair earth but unfortunately others before you have muddied the water.

Non Japanese going home abruptly and leaving unpaid utility bills. Keeping apartments in damaged and dirty condition. Sub letting to total strangers. Hosting loud and long parties disturbing the all important ‘wa’ are all sins attributed to those damn long noses. Japanese do it too but in their case land agents have some recourse to the renter’s family members or employers. Not so with non Japanese who can up and leave for foreign fields seemingly at a moments notice.

Let’s say you do manage to find yourself an apartment and all of a sudden the landlord starts acting up. Maybe he wants to increase the rent unfairly, maybe he won’t fix the leaking toilet, maybe he wants his favorite brother in law to have your little piece of turf. He can make life difficult for you in many ways. What to do?

In all cities or towns you will find your local town hall or ward office. If you’ve lived in Japan for any length of time you’ve been there to get registered. Just about all Shiyakusho or Kuyakusho have a department setup specifically to arbitrate between renter and rentee. Go there and tell them your tale of woe. They will contact the land agent or land lord and find out what’s going on and try to help. You can even withhold paying your rent to the land lord and pay the Shiyakusho instead during the ‘negotiations’

Try it the next time you feel like taking an axe to your noisy neighbor.

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If you have married a Japanese national then you are entitled to receive ‘spouse visa to stay in Japan. Japanese immigration authorities require a copy of your spouse’s family register (Koseki touhon) with your name written in as spouse as proof of your marriage.

Such a visa gives you just about all the rights of a Japanese national except voting in elections (and that also may become possible in the future)

Generally you will first receive a one year visa which can eventually become a three year visa (you may receive a couple of one year extensions first before they will issue a three year one)

As long as you stay legitimately married to your Japanese spouse (and can provide proof that you are indeed maintaining the marriage) your stay in Japan can be infinite. The only other step after such a visa would be a ‘permanent residency’ visa which never expires even after divorce or death of your spouse.

If you do divorce from your Japanese spouse your spouse visa does not immediately become invalid. It will simply expire at the end of its term and you will have to change to another type of visa or leave the country.

(As always remember. YMMV - Your mileage may vary)

Unknown. Could be a year, could be a month.

Despite what you may have read or heard there is no fixed time so don’t worry if you don’t hear anything after a few months.

However if your applying for permanent residency what does a few months matter, you’re not going anywhere right?

One tip though. Don’t leave the country for a holiday or business trip while you are waiting.

For further reading A Guide to Japanese Visas

(As always remember. YMMV - Your mileage may vary)

Japan’s bureaucracy loves trees. So much so that they want to see as much of them as they can. For you that means when ever you have need or reason to visit those big or small grey buildings bring as much paper as possible.

In simple terms - Before applying for anything in Japan get your paperwork in order. Here a few of the most popular ones that you may need. I’ve put them in Romaji for easier reading.

Tax Certificate - Gensen choushu
Work Certificate - Zaishoku shomei
Family Register - Koseki touhon
Residence Certificate - Jyuminhyo
Letter of Guarantee - Mimotohoshousho
Gaijin register certificate - Toroku genpyo kisaijiko shomeisho

(As always remember. YMMV - Your mileage may vary)

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