- Divorce Issues
We have vast experience in handling divorce cases
The process of a divorce is one of the most stressful experiences in life – and whether you are considering separating or divorcing, it is essential to take expert legal advice to make sure that not only is your split amicable, but property and assets are protected for you and your children.
Our lawyers know that divorce often involves high emotions, especially when there are children involved. Our team of professionals are sensitive to your needs during this difficult time, and will work with you to resolve your divorce with compassion and efficiency. Please feel free to contact us for a free inquiry.
Three issues that come about as a consequence of divorce
Problem of money
One of the major issues that come into play in a divorce is money. Divorce costs a variety of things, including how to divide a couple's property, from pension splits, child support, children's expenses, consolation money due to divorce reasons, and marriage costs while separated.
It is common for one party to lose money because of a lack of knowledge in discussions between the parties.
In particular, full-time housewives who have supported households tend to suffer disadvantages.
Compensation for non-pecuniary damage can be claimed when an employee suffers mental distress from an act that is objectively deemed to be an unlawful act.
In other words, it is difficult to claim compensation for non-pecuniary damage despite the fact that we suffered from mental suffering unless we show clear torts objectively.
Distribution of property
Distribution of property is the appropriate division of property built during marriage between husband and wife.
On this occasion, even if one of them is a full-time housewife, the property is built with the cooperation of the housewife, so I do not have the right to receive the property because I didn't work.
The pension split system has been in effect since April 2007.
After a divorce, the wife can also receive the payment of her husbands pension as her own at a rate determined by the agreement between the husband and the wife or by the family court.
The decision of which parent receives the custodial rights of the child can be a sensitive issue.
Legally, it is the question on which side has parental authority.
Because a husband and wife are unable to agree on this point, divorce often does not happen even if they want to divorce.
In addition, there are many cases in which early divorce is desirable, since it does not stipulate the amount of child-rearing expenses to be secured, saying that "even the right to divorce and raise children can be obtained."
In order to ensure an appropriate environment for children's future, it is important to make cool judgments about what is the best choice.
As a legal expert, the lawyer proposes a well-balanced option that is considered the best and fully supports the client.
Parental authority tends to be more important than economic aspects, in terms of how much child-rearing has been involved in the past.
This suggests that parental authority is, in general, favorable to mothers.
Of course, there are cases where fathers obtain parental authority through persistent negotiations.
Even after divorce, parents and children do not have to go away.
Therefore, parents who do not have parental authority are allowed to meet their children regularly after divorce unless they have a negative impact on their lives.
For this reason, it is important to establish rules for interview and exchange as detailed as possible at the time of divorce.
Expenses for raising children
If you are a single parent, it is not easy for you to balance your life and child rearing by yourself.
In order to alleviate this economic burden, it is common for parents whose parents are determined not to live with their children to pay for childcare.
At the time of divorce talks, childcare costs are often set at \100 per month until the child becomes adult (until graduating from college).
However, the setting may be revised according to changes in economic conditions, such as unemployment and remarriage.
Refusal to divorce
There are many cases where one party refuses divorce wishes to divorce but the other party does not respond to it.
"As long as the other party continues to refuse to divorce, it is not absolutely impossible to divorce," however, the court may have to grant a divorce in court procedures. In such cases, we must be able to objectively prove the "Cause of divorce" stipulated in the Civil Code.
For this reason, it is important to collect objective evidence that has caused the marriage to fail to the extent possible, assuming a variety of cases, such as "I don't know whether the other party will accept divorce but I am beginning to think about divorce."
If you cannot accept a divorce because you can provide strategic support, please consult an attorney who is an expert.
Divorce can be justified by trial if objective evidence is firm to the Cause of divorce.
Cause of their divorce
There is a Cause of divorce admitted in the trial!
The following five legal Cause of divorce can be found in the courts.
- Act of unchastity
- Abandonment in bad faith
- Death and death of 3 years or more are unknown.
- Severe mental illness that cannot be recovered
- Others and Serious cause that makes it difficult to continue the married life
"Act of unchastity" is an event that creates a feeling of breaking the duty of loyalty between a husband and wife.
"Abandonment in bad faith" abandonment refers to an act of neglecting the duty of support in which a husband and wife help each other.
Here, "Bad faith" refers to a state in which the act is consciously committed. A simple example is a case in which a person does not try to work in one direction even though he/she does not have problems in his/her health (a case in which he/she knows that he/she will suffer from problems in his/her later lives).
Divorce may also be permitted in a trial in cases where the spouse is missing or in cases where the spouse unilaterally suffers excessive burdens in marriage, such as mental illness, manic-depression, and dementia.
It should be understood that another reason is Serious cause that makes it difficult to continue the married life.
In other words, even if your Cause of divorce does not fall under the four above, if the Serious cause that makes it difficult to continue the married life can objectively justify a divorce, there are cases in which a divorce may be allowed in court.
Type of divorce procedure (there are three main methods of divorce)
Divorce procedures are Divorce by agreement""Divorce by arbitration""Judicial divorce in Japan and Divorce by ruling in rare cases.
In Japan, divorce is often achieved through discussions called "Divorce by agreement."
However, in the event that a settlement is not reached through discussions, a third party, namely a mediator, may choose a Divorce by arbitration.
Again, a divorce cannot be finally established if one party does not consent to divorce.
Nevertheless, if one party strongly desires divorce, the process of "Judicial divorce" can proceed on the assumption that the mediation could not settle.
If there is an objective Reason for divorce, a divorce can be established even if one party does not wish to divorce.
In the case of Divorce by ruling, when the conciliation is not reached, it will be established when both parties agree to the breakthrough proposed by the Family Court.
However, in this case, divorce cannot be established without the mutual consent of both parties.
It is quite rare that a divorce can be established in a "Divorce by ruling" because the divorce was not established even if the mediator was in the middle of the divorce.
Even a divorce with one's own will must be decided!
It is vital that the content of the promise be explicitly stated in the Divorce agreement!
Perhaps all of you have the same circumstance that you will not be actively involved in talking in depth when you learn about your promise.
Nevertheless, it will be very difficult to decide divorce properly.
There are many cases in which a vague verbal promise is made, but it is also a weakness that cannot be dealt with if you do not say anything later or if you do not fulfill that promise.
When a married couple reaches a divorce agreement, make sure to create a legally effective Divorce agreement.
If a Divorce agreement is prepared by notarized document, its validity is enormous.
If the promise is not fulfilled, you can also request the necessary documents based on the consultation form.
For those living in the vicinity of Mito City who are considering divorce or who are in trouble with divorce without being divorced
Divorce is a new starting point in life. Especially when you have a child, it is an important decision that will affect your child's life.
We will provide full support to the client in negotiating divorce as an agent, even if the the client is unable to speak with the other party.
Draw up conditions that are even more positive to future life and objectively demonstrate divorce as appropriate.
If you are currently considering divorce or have already been in trouble in discussing divorce, please consult with a legal professional corporation.