- Divorce Issues
Why is so tough when discussing divorce?
We often hear people say, "Divorce is harder than marriage.
Divorce is not only about the couple walking their lives apart, but also about choosing and deciding on each and every difficult problem, such as home and children.It can be a huge burden for two people to separate things that cannot be easily separated, such as the problems of their children.
That is why it is very important to have a support person who is able to take your feelings and position into account and give you calm advice. Our firm has attorneys with extensive experience in divorce matters. If you are considering a divorce, please contact our firm first for a consultation.
Three Divorce Issues
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.
I will be ashamed to receive advice from lawyers who are as familiar with the legal appropriateness as possible.
In particular, full-time housewives who have supported households tend to suffer disadvantages.
Please contact our office before making any final promise.
Consolation money
You can claim alimony from your spouse in a divorce if you have suffered emotional distress due to a specific act that is recognized as unlawful, such as adultery or violence.
In other words, it is difficult to claim alimony based solely on feelings that your marriage was emotionally painful.
Distribution of property
Distribution of property is the appropriate division of property built during marriage between husband and wife.
For example, if you are a housewife (husband) and have no income, it does not mean that you will not receive property because the couple's property has been built on that cooperation.
Pension split
The pension split system has been in effect since April 2007.
After a divorce, the wife can also receive the payment of the pension as his own pension at a rate determined by the agreement between the husband and the wife or by the family court.
Children's Issues
It is very sensitive to which side to raise children in the process of divorcing children's problems.
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.
There are many people who wish to divorce early without distributing their property or setting up a child-rearing fee, saying that "if you get parental authority, there will be nothing else," but if you think about your child's future, you may need to make a calm decision.
The relationship between parents and children naturally continues even when a couple gets divorced, so it is also important to give proper consideration to the future relationship between the children and their parents.
As a legal expert, the lawyer proposes a well-balanced option that is considered the best and fully supports the client.
Parental authority
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.
Face-to-face exchange
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 the other parent to pay the parent who has custody of the child a sum of money known as child support. At the time of divorce talks, childcare costs are often set at \XXX 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 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, you must be able to objectively prove the "Cause of divorce" stipulated in the Civil Code.
For this reason, it is important to prepare for the trial by gathering objective evidence that can support the facts that fall under this cause of divorce, 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".
Gathering evidence that can be used in court is a difficult task for an ordinary person to perform on their own, and in these cases, it is recommended that you consult with an attorney.
We have a well-versed lawyer on divorce issues and we can provide strategic support for the formation of a legal 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
- Malicious abandonment
- 3 years or more of unknown life or death
- Severe mental illness that cannot be recovered
- Other 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.
Husbands and wives have a duty to support each other in their daily lives. Despite their knowledge that this is a betrayal of their spouses (malicious intent), they do not work at all despite being able to work (abandonment) are referred to as "malicious abandonment."
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.
The above causes alone seem to make it difficult to allow divorce in court.
The most important cause of divorce in the actual divorce court is "a serious reason that makes it difficult to continue the marriage."In other words, even if they do not fall under the above four reasons, divorce will be permitted if they can prove "a serious reason that makes it difficult to continue the marriage."
Type of divorce procedure (there are three main methods of divorce)
There are 4 procedures for divorce; "Divorce by agreement","Divorce by arbitration","Judicial divorce" and "Divorce by judgement".
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.
Also, during mediation, for example, if "there is no consent for divorce but the court thinks it is better to divorce," or if there are circumstances in which "there is consent for divorce but the terms of divorce, such as custody, cannot be agreed upon," there are cases in which the family court will "divorce by judgment.
① Divorce by agreement (about 90%)
This is a result of a divorce talk between the husband and the wife (between the parties).
Complete the divorce notice and sign and seal it.
Divorce by agreement requires two adult witnesses.
A divorce will take place if you fill out these properly, submit them to the municipal office, and receive them.
If you have minor children, you must enter which child has parental authority.
② Divorce by arbitration (about 9%)
If a married couple does not reach a divorce, a single male and female mediator can mediate the divorce by filing a petition with a family court.
Divorce through this mediation is called Divorce by arbitration.
③ Judicial divorce (about 1%)
If a divorce cannot be reached after mediation, a divorce can be contested in court.
In a divorce action, if you can prove the "cause of divorce" as defined by the Civil Code, you can be forced to divorce by a judgment without the consent of the other party.
Make sure you decide what to decide on!
It is vital that the content of the promise be explicitly stated in the Divorce agreement!
When people decide to get divorced, it is common for them to find themselves in a situation where it is already difficult to have a proper discussion. It is not uncommon for couples to be so eager to get a divorce and start a new life that they don't make any decisions, or even if they do, they end up making vague, verbal agreements.
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 Aomori 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.
If you don't want to see his/her face any more, you'll get rid of the economic support you're entitled to.
This may also narrow your child's future potential.
We will provide full support to the client in negotiating divorce as an agent, even in the event that 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.
