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How Can a Japanese Citizen Divorce Her American Husband

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  • 11-30-2010, 11:14 PM
    Kanana
    How Can a Japanese Citizen Divorce Her American Husband
    My question involves a marriage in the state of: New York/North Carolina.

    Ok so I am living in Japan currently and have a girlfriend that is still married to a U.S. citizen in New York, but wants an uncontested divorce. He was in the military stationed in Okinawa when they met. Before they had a chance to get married he had to change stations to North Carolina, so she flew to North Carolina where they were married. After a short time he became abusive and the military ordered them to separate and she had to move in with her husband's parents in New York. Eventually she moved back to Japan and he separated from the military and is now living in New York.

    She would like to get a divorce, but has no idea how and I have no clue either. After she went back to Japan he agreed that they could get an uncontested divorce, but neither of them followed through, her not knowing how and him being a dead beat. She doesn't want anything from him and they own no property together, or children. We would prefer that she doesn't have to travel to the States for a divorce and she doesn't feel comfortable being near him as he has threatened to kill her in the past.

    If they were to get a Japanese divorce, would that be recognized by the US or do they have to a US divorce also ? Any help would be greatly appreciated as we have no clue how to go about this. Thank you.
  • 12-02-2010, 12:58 PM
    Mr. Knowitall
    Re: How Can a Japanese Citizen Divorce Her American Husband
    She can speak to a lawyer in Japan about how to divorce him under Japanese law. If her husband is given proper notice of proceedings that should be valid in the U.S.

    She can hire a lawyer in the state where her husband lives and file for divorce there, although she should expect that she will have to travel to the U.S. at least once for divorce proceedings. It may be possible to complete the divorce without her coming back, on the basis of her husband's testimony, but he would have to cooperate (and be trustworthy) for that to happen.
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