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ironopolis
Joined: 01 Apr 2004
Posts: 379
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 Posted: Sun Sep 09, 2007 5:17 am Post subject: |
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| taikibansei wrote: |
| Odango wrote: |
Apparently she can't hand in the divorce paper without my passport.
Does anyone know if this is true?
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 Look, you need to do two things now. First, read the links everyone has provided you. Second, contact your local city hall if you have further questions. None of us are lawyers here--e.g., my understanding is that a copy of the passport is NOT needed to file the form. However, depending on your prefecture and even your city of residence, there may be different rules (or interpretations of the rules) in place where you are. Furthermore, as the English-language link I included above delineates clearly, there is paperwork you can file to prevent her filing divorce papers for up to (I believe) six months. If you're worried about things, take advantage of this law and file the darn paperwork. Apparently, you can even renew this block if you want!
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Just to reiterate what the excellent advice that taikibansei has already given, one of the cases I've heard of would suggest that it is NOT true that your passport is needed to file divorce papers. That involved a British guy who was planning, at his wife's suggestion, to go back to the UK together to break the news in person to his parents that their marriage was going to soon be over; wife suddenly got "sick" at the very last minute, and husband, not wanting to waste both airline tickets went anyway. He returned to find that wife had disappeared with the 2 kids and would not answer any of his calls, nor would her parents tell him where she was. It was only when he eventually sought legal advice that he found out he had got "divorced" on the same day that he flew back to the UK.
This is one of those friend of a friend tales, so as I said before I can't vouch for it 100%, however the source I got it from is fairly reliable. I think it's still worth stressing that this is an extreme example and that it does NOT only happen when one of the couple is a non-Japanese. But surely better safe than sorry - the link below is the same site that taikibansei put up a few posts earlier, but is to the specific page concerning the form he mentioned, which prevents divorce by mutual consent being filed for 6 months.
http://www.crnjapan.com/forms/en/PreventDivorceInstr.html |
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fat_chris
Joined: 10 Sep 2003
Posts: 3198
Location: Beijing
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| Posted: Sun Sep 09, 2007 6:06 am Post subject: Divorce Court--where's Judge Wapner? |
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Odango,
There's a lot of "I've heard...Maybe this is the case...You'd better..." floating around this post regarding Japanese divorce procedures. It really appears that you are swimming in some murky seas. I'd suggest staying put in Japan for the time being and REALLY finding out what your options are and what the possibilities for all of this may be.
This seems to be the worst time to leave the country...unless you plan on not returning.
To use some cliches, clear up your side of the street and put your house in order NOW. Sort this out and move on.
Just my two yen.
Regards,
fat_c |
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gaijinalways
Joined: 29 Nov 2005
Posts: 2279
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| Posted: Sun Sep 09, 2007 6:21 am Post subject: |
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| Gordan, it really is case by case, a permanent residence visa that is. |
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Sour Grape
Joined: 10 May 2005
Posts: 241
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| Posted: Sun Sep 09, 2007 2:31 pm Post subject: |
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| Yona Yona wrote: |
I managed to get my permanent residency after being here less
than 5 years.At the time I applied for it I was actually unemployed.
I got it in about 6 weeks, no questions asked.
Even though my marriage was already on the rocks, my wife, in a rare moment of generosity helped fill in all the paperwork.
A few years later I was divorced.A messy affair which ended up going through the courts (saiban) and leaving me millions of yen in debt.
If it is at all possible, try to get your PR as soon as you can. |
May I ask what those millions were spent on?
Serious question. |
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Yona Yona
Joined: 20 Jul 2007
Posts: 26
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| Posted: Mon Sep 10, 2007 4:34 am Post subject: |
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Lawyers Fees.
"Compensation" money to ex-wife (I "lost" the case)
Cleaning up debts that ex-wife didn't pay (a couple of years of unpaid city taxes etc)
Good luck to the OP.
If I were him, I would not be leaving the country right now.
Try and hang in there ! |
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Sour Grape
Joined: 10 May 2005
Posts: 241
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| Posted: Mon Sep 10, 2007 12:50 pm Post subject: |
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| Yona Yona wrote: |
"Compensation" money to ex-wife (I "lost" the case)
Cleaning up debts that ex-wife didn't pay (a couple of years of unpaid city taxes etc)
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Good grief. I think I'd just have hotfooted it back home rather than coughing that lot up, if there were no kids involved.
Sorry if it seemed I was prying. |
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