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Topic

Divorce from a foreign husband

Problem / Need advice
#1
  • Kokusaikekkon
  • mail
  • 2021/12/20 19:11

I am in divorce proceedings with my husband of almost 20 years. There is a possibility that we may not agree on the division of property, and if we go to court, it could be a protracted process. However, we are currently living together and it is hard for me to be mentally stable.

Is it possible for the husband to remain in the U.S. and return home while the wife is in divorce court and conduct the trial remotely?

Divorce is a very emotional experience. If you know, I would appreciate any advice you could give me. Thank you in advance.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#2
  • バツイチ
  • 2021/12/21 (Tue) 00:54
  • Report

I think it's best to ask a lawyer about that.
After that, the lawyer is just someone else's problem, and he is thinking how he can squeeze out the lawyer's fee by prolonging the case, so don't rely on him.
After that, it is important to check and understand the assets the other party has under their control.
By the way, be careful, because the debt will be split 50-50.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#3
  • 弁護士
  • 2021/12/21 (Tue) 07:47
  • Report

They have property and they get into trouble with property.
People who can't afford legal fees don't wrangle with property.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#4
  • 花森
  • 2021/12/21 (Tue) 11:03
  • Report

I have heard that it is disadvantageous to divide property if the wife is a Japanese citizen. This is probably because the government would not want her to bring back the property she received back to Japan. I heard that you have to go to court many times, so I think it is better not to return. It is best to consult with a lawyer.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#5
  • バツイチ
  • 2021/12/21 (Tue) 12:09
  • Report

By the way, if there are no children and only property division, a paralegal is sufficient.
Regardless of nationality, the property division is 50/50, which is the law.
Also, 401K and other retirement benefits are split 50/50.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#6
  • 経験者
  • 2021/12/21 (Tue) 12:29
  • Report

In California, all property is split 50/50, including debts. Nationality has nothing to do with it. If you can't work it out through negotiation, you should be able to settle it easily in court. Basically, I think the only reasons to get into trouble in court are custody, child support, and alimony.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

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