DV divorce Foreign Couple

Q. We are both foreigners, got married and have stayed here in Japan for 10 years.  My husband is jobless for more than 1 year now and he refuses to look for a job.  Since he is idle, has no work, he drinks even at daytime.  He is drunk almost every day.  We have two kids so I work from morning until night time in order to make a living.  My jobless husband uses the money I earned in buying hard drinks/alcohol.  When he gets drunk, he will use vulgar/dirty words against me and in front of my children he does not care doing sexual acts.  If I refuse, he will push and force me.  Our eldest daughter is already a Junior High School student and she doesn't like to transfer school so I don't have the plan to use DV Shelter.  I am saving money little by little in preparation to rent a small apartment.  I am thinking of divorcing my husband, what is the procedure for Divorce for both foreigners here in Japan?

A. You have decided to escape so you left the house and have taken all the trouble to rent an apartment.  If your eldest daughter will attend the same school there is that tendency for the father to trace and follow her up to your apartment.  The possibility of the father appearing at your apartment and will start annoying you are something foreseeable.  If it is really important for her to go to the same school, it is advisable to immediately consult a lawyer and prepare for Mediation (Divorce).  In this case, the reasons for Divorce are refusal to work and sexual abuse.  The adverse effect of this sexual abuse is, children suffering from psychological abuse.  In the case of Divorce for both foreigners, place or country of residence is considered.  Since both of you live in Japan, the Japanese Civil Law (Code) on Divorce will apply.  Once Divorce is legally approved, it is required to process in one's home country the Report of Divorce.

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