Japanese Divorce Lawyer in Brooklyn, New York
If you were married in Japan, you can get divorced in Brooklyn, New York as long as you meet New York’s residency requirements. In order to meet the residency requirements for a New York divorce, one or both parties must have been living in New York for at least two years before the divorce case can be filed. If both you and your spouse live in New York and the grounds for your divorce occurred in New York, you could also qualify for New York residency for divorce purposes. If you were married in New York, or lived in New York as a married couple, or the grounds for divorce happened in New York, you may qualify to file for residency in New York after one year of living in the state, and can file for divorce after you meet these requirements. Have questions about whether you meet New York’s residency requirements for divorce? Reach out to the Elliot Green Law Offices, a Japanese divorce law firm in Brooklyn, New York today.
There are several possible grounds for divorce in New York. These grounds for divorce include: breakdown of the relationship that lasts for at least 6 months, cruel and inhumane treatment (involving physical or mental danger), abandonment (your spouse must have abandoned you for at least one year or more), imprisonment of your spouse, adultery, or divorce after legal separation. Have questions about whether you meet residency requirements for a New York divorce? The Elliot Green Law Offices is a Japanese divorce law firm in Brooklyn, New York that may be able to assist you with navigating these requirements, filing paperwork, and reaching a divorce settlement and child custody agreement that works for you and your family.
Japanese Divorce: What if My Spouse Files for Divorce in Japan?
If you and your spouse don’t live together and your spouse files for divorce in Japan, your divorce could get complicated. Americans living in Japan can get divorced overseas. In Japan, there are four types of divorce, according to the U.S. Embassy. If two people agree to file for divorce, they can get divorced through mutual agreement. Another way, is by filing for divorce through mediation in family court. If a divorce agreement cannot be reached by mediation, another way divorce can be finalized in Japan is through a decision by the family court. Finally, if the divorce case is complex or a decision cannot be made by the family court, the case might go to district court.
When a spouse files for divorce overseas, it can raise a range of complex issues. For example, what happens if your spouse files for sole custody of your children if they are overseas? What happens if your spouse takes your children abroad and then files for divorce? What options do you have when it comes to reaching a divorce agreement when the divorce case involves international laws? If you are concerned that your former spouse may try to claim sole custody of your children, for example, you may be able to fill out a form known as a Petition for Non-Acceptance of Notification of Divorce and file this form with local authorities where the Japanese parent resides. According to the U.S. Embassy, filing this form at the municipal office where the parent resides should put a stop to any attempt at achieving sole custody through a divorce.
What if you file for divorce in the U.S. and a parent takes a child to Japan? International parent kidnapping occurs when a parent takes a child abroad in an attempt to interfere with a U.S. parent’s custody rights to the child. If your spouse has removed your children from the country without your permission in an attempt to gain sole custody, you may have rights, but it is important that you follow the proper channels. International parent kidnapping is a crime. If your child has been removed from the U.S. you may need to contact the Department of State. The Department of State can then negotiate with local authorities to have the child returned. Attempting to resolve matters by going to the country yourself and trying to bring your children back may not be advisable because your spouse might have applied for custody rights in his or her home country and you could complicate the case by removing the children from your spouse. Instead, contacting proper U.S. authorities immediately, and working with a child custody lawyer familiar with international law issues is essential.
Are you concerned about child custody matters in your Japanese divorce? Has a parent taken your children to Japan without your permission? The Elliot Green Law Offices is a divorce law firm in Brooklyn, New York that can assist you with your Japanese divorce case. Our firm can assist you with your divorce settlement and with child custody issues that can arise.
Japanese Divorce: Cultural Sensitivity and Compassion
Divorce has only recently become more common in Japan. Once a taboo topic, more couples are acknowledging that when a marriage fails, it is sometimes best for it to end. If you are considering divorcing your spouse and are Japanese, you might face challenges from family and friends who may pressure you to adhere to traditions and customs. You might feel very much alone. Fortunately, you are not alone and there are many new traditions surrounding divorce in Japan. The Elliot Green Law Offices are divorce lawyers serving Japanese couples in Brooklyn, New York. Our law firm can help you navigate the divorce process here if you qualify for residency in New York. If your spouse is filing for divorce in Japan, you might have many questions about your rights if you live in Brooklyn. The Elliot Green Law Offices is a Japanese divorce law firm in Brooklyn, New York that can help you with your case and assist you with the unique challenges that can arise if you are facing an international divorce.