Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Military divorce in Shizuoka covers divorces where one or both spouses are military personnel - this can include members of the Japan Self-Defense Forces and foreign service members stationed in Japan. Family law - including divorce, child custody, parental authority, support, and property division - is governed primarily by Japanese civil law. That means Japanese courts and administrative systems will generally apply when the couple lives in Japan or when the subject matter has strong ties to Japan. At the same time, international factors - for example a spouse who is a foreign national, a US military pension, or orders and postings - can make a case more complex. Additional layers - such as status of forces agreements, military legal assistance offices, immigration rules, and international treaties - may also affect how a divorce proceeds and how outcomes are enforced across borders.
Military divorces often involve extra complexity compared with civilian divorces because of jurisdictional, immigration, employment, financial, and custody issues that cross national and legal-system boundaries. You may need a lawyer if any of the following apply:
- One spouse is a foreign service member or a foreign national, or the family has split residence between Japan and another country.
- Military pay, allowances, or pensions may be subject to division or special rules that interact with foreign law.
- There are disputes about child custody, parental authority, or the risk of international child abduction.
- You face domestic violence or need immediate protection orders.
- Immigration status or dependent visa status may change after divorce.
- You need help enforcing or recognizing foreign court orders in Japan, or enforcing Japanese orders abroad.
- You are unsure which court has jurisdiction, or whether to proceed in Japan or in the service member's home country.
A lawyer with experience in international family law and military-related issues can advise on jurisdiction, strategy, enforcement, and practical effects of a divorce on residence, pensions, and custody.
Key legal features and practical points relevant to military divorce in Shizuoka include the following:
- Divorce procedures: Japan recognizes divorce by mutual agreement (kyogi rikon) which is registered at the municipal office, and contested divorce that proceeds by family court, often starting with mediation. Many divorces by agreement are simpler and faster if both parties can sign the divorce notification form.
- Jurisdiction: Japanese courts will generally have jurisdiction if spouses live in Japan. If one spouse files overseas, questions of which country has appropriate jurisdiction can arise. Jurisdiction affects which laws apply and how assets and pensions are divided.
- Child custody and parental authority: Japan typically grants sole parental authority to one parent after divorce. Joint custody in the way some other countries use the term is not the standard in Japan. This can be a major issue for international families, especially when one parent may be posted overseas.
- Child abduction and Hague Convention: Japan is a party to the Hague Convention on the Civil Aspects of International Child Abduction. If a child is wrongfully taken to or retained in Japan, there are legal procedures designed to secure the child’s return, although outcomes depend on timing and case facts.
- Child support and spousal support: Japanese family courts can order child support and, in some cases, spousal support. Courts use guidelines and consider incomes, needs, and living standards. Enforcement of support orders across borders may require additional steps.
- Property division: Japanese civil law divides marital property equitably based on contribution and other factors. Military-specific assets - for example foreign military pensions - create extra complexity when judgments must be recognized internationally.
- Enforcement and foreign judgments: Enforcement of foreign divorce decrees, custody orders, and property awards in Japan may require recognition procedures. Likewise, Japanese orders may need steps to be enforced abroad.
- Immigration and status: A foreign spouse who holds a dependent visa tied to a service member may lose that status after divorce and need to apply for a different residence status or return to their home country. Immigration rules should be considered early.
- Support from military legal offices: For foreign service members there may be legal assistance offices available on base that can provide information, notary services, and referrals; they typically cannot represent spouses in Japanese courts or provide comprehensive local legal representation.
Yes. If the couple lives in Japan or has strong local ties, Japanese courts will often have jurisdiction to process a divorce. The service member can also pursue divorce through their home state courts in the United States in many cases. Which forum is best depends on factors like residency, ease of enforcement, how property and pensions will be treated, and where children will live.
The simplest route is a divorce by mutual agreement - kyogi rikon. Both spouses sign and file the divorce notification at the municipal office where one spouse is registered. No court is required if both parties agree on all terms including custody, support, and property division. If agreement is not possible, family court mediation and litigation may follow.
After divorce, parental authority is usually allocated to one parent. Joint custody as practiced in some other countries is not commonly used in Japan. Courts focus on the child’s best interests, living arrangements, and the ability of the custodial parent to care for the child. For international families, potential postings and ability to keep the child in a stable environment are heavily considered.
If you believe a parent is planning to remove a child unlawfully, act quickly. Contact the local police, your base legal office if applicable, and child welfare authorities. Because of Japan’s participation in the Hague Convention on international child abduction, there is a legal mechanism to seek the child’s return, and the national central authority - typically a government ministry - can advise on Hague procedures.
Enforcement of foreign orders in Japan may be possible but is not automatic. Recognition and enforcement depend on whether the foreign order meets Japanese requirements and whether jurisdiction and notice were proper. You may need to register the foreign judgment in Japan or bring a new proceeding. A lawyer experienced with international enforcement can advise on the required steps.
Division of military pensions can be complex. For US military pensions there is a US statute - the Uniformed Services Former Spouses’ Protection Act - that affects how US courts treat military retirement pay. Japanese courts do not apply that US statute. If the divorce is resolved in Japan, dividing a foreign pension or making the award enforceable abroad will require tailored legal advice and likely cooperation with attorneys in the pension country.
A spouse who holds a dependent or service-connected residence status may lose that status after divorce. It is important to consult immigration authorities or an immigration lawyer promptly. Options may include applying for a work visa, change of status due to long-term residency, or other permissible residence categories. Planning in advance helps avoid being left without legal status.
Military legal assistance offices can provide advice on US law, offer general guidance, help with documents, and refer cases to local counsel. They cannot practice Japanese law or represent you in Japanese courts. For proceedings in Shizuoka or any Japanese court, you will need a licensed Japanese lawyer or a foreign lawyer admitted in Japan to represent you.
Japan has protections including temporary restraining or protection orders through family courts and criminal remedies through the police. If you are in immediate danger, contact police. Family courts can issue protective measures to remove a violent spouse from the home or restrict contact. Military authorities may also have procedures for addressing domestic violence among service members.
Duration varies widely. A negotiated mutual divorce can be completed in days after agreement and registration. Contested divorces that go through family court mediation and trial can take several months to more than a year, depending on complexity. Costs include attorney fees, court fees, translation and interpretation, and possible expert reports. Obtain a fee estimate from prospective lawyers and consider the expense of cross-border enforcement if relevant.
Consider reaching out to the following types of organizations and offices for assistance and information:
- Local family court in Shizuoka for information on procedures and mediation.
- Shizuoka municipal offices for registration and family register (koseki) matters.
- The Japan Legal Support Center - known as Houterasu - for referrals and general legal consultation services in Japan.
- The Immigration Services Agency of Japan for visa and residence status questions.
- The Ministry of Foreign Affairs - for central authority functions related to international child abduction and Hague Convention matters.
- Military legal assistance offices on base for service members - they can provide guidance on military-related issues and referrals to local counsel.
- Your embassy or consulate - for citizen services, notary help, and lists of local English-speaking attorneys.
- Local domestic violence and child welfare services for urgent safety planning and protection.
If you are considering or facing a military divorce in Shizuoka, take these practical steps:
- Gather documentation - marriage certificate, family register (koseki if Japanese), identification, military pay statements, bank and property records, child records, and any protection orders or police reports.
- Clarify your priorities - custody or access, immediate safety, residence status, financial needs, and pension or property division.
- Seek safety first - if you or your children are at risk, contact local police, child welfare services, or domestic violence hotlines immediately.
- Contact a lawyer experienced in international family law and military-related matters. If you are a service member, also consult the base legal assistance office for initial guidance and referrals.
- If you are a foreign national, consult immigration counsel early to understand residence options after divorce.
- Consider mediation or negotiation if safe and appropriate - mutual agreement is usually faster and less disruptive for children.
- If you fear cross-border enforcement issues, retain counsel in all relevant jurisdictions to coordinate divorce, custody, and enforcement strategies.
Remember that this guide provides general information and not legal advice. A qualified attorney familiar with Shizuoka and international military family law will be able to advise based on the full facts of your case and help you plan the safest and most effective course of action.
