Divorce: "Why Is It So Different?"

Genta Hataoka
Attorney and Counselor at Law
Investment Analyst
Law Office of Walter Wm. Hofheinz
© 2000 Genta Hataoka

 

I. Intro.

Divorce is becoming a common phenomenon in Japan.

"Narita" divorce

Commonly Asked Questions:

1. Why does it take long time to complete the divorce proceeding?
2. Why is it so complicated?
3. Can I do it without a lawyer?

Summary of response:

In U.S., the divorce could be a full blown adversarial procedure as oppose to administrative procedure. A key difference between U.S. and Japan is that in the U.S. each party, as a spouse or/and parent assert his/her rights more vigorously. Technically, yes, one can represent himself or herself for his/her own legal matter. However, as discussed below, the divorce process is very technical, thus it is important to be adequately represented.

II. Procedure: Requirements to file a petition for divorce in Texas

One party must be:

• County residence for 90 days, and
• Texas domiciliary for 6 months.

Sixty days waiting period after filing.

A divorce shall not be granted until at least sixty days have elapsed since the day the suit was filed.

Party can't remarry within thirty days after the divorce decree is issued

A recently divorced person cannot marry a third party within thirty days after the divorce decree is issued (unless the court waives this prohibition upon a showing of good cause) However, the divorced parties may remarry each other at any time.

III. Children

Child Custody/Visitation Rights

• The parent designated as the primary residence of the child gets the day to day possession of an responsibility for the child.
• The parent who is not the primary residence gets visitation rights, either by agreement of the parties, or the standard possession order.
  Possession of or access to a child cannot be denied based on payment of child support.

Child Support

Child support will be paid according to the statutory guidelines unless parties agree on some other amount.
Any agreement on child support subject to court's approval.

Guidelines apply if obligor's net resources are $6,000 per month or less.

• One child 20% of obligor's net resources
• Two children 25% of obligor's net resources

Example for two children: $1,500 per month under guidelines.

If the obligor's (person paying the support) net resources exceed $6,000 per month, the court may order additional support depending on the income of the parties and the proven needs of the child, "but in no event may the obligor be required to pay child support in excess of 100% of the proven needs of the child."

IV. Property Issues

Separate property or community property?

Each spouse is entitled to his Separate property, but the community property is divided by the court's just and right division between the spouses.

Just and Right Division / Court's decision

Trial court may divide community estate as it deems "just and right." Unequal division of community property can be made in cases where the trial judge deems this appropriate. (rare instance, usually 50-50 split)

Agreement between the spouse

Spouses may make an agreement which affects the division of marital property.

For additional information, see article on characterization of marital property.

V. Additional Considerations

• No Consolation
• No court ordered alimony after divorce in Texas, except for limited spousal maintenance support generally available only if the parties were married for at least 10 years.
• Jurisdiction: procedures and requirements vary from state to state.