In Japan, when mediation fails and spouses cannot reach an agreement on divorce terms, the case proceeds to a divorce trial (Saiban Rikon). Unlike the mediation process, which is a discussion-based procedure, a divorce trial involves presenting evidence and arguments before a judge, who ultimately makes a ruling on whether to grant the divorce and under what conditions.
1. When Does a Divorce Case Proceed to Trial?
A divorce case advances to trial under the following circumstances:
- Mediation (Chotei Rikon) fails, meaning no agreement is reached.
- One spouse refuses to agree to the divorce, but the other insists on pursuing it.
- Disputes over key issues, such as child custody, asset division, or spousal support, cannot be resolved.
- There are severe circumstances, such as domestic violence or long-term abandonment, that necessitate a court judgment.
2. Legal Grounds for Divorce in Japan
Under the Japanese Civil Code (Article 770), a judge will grant a divorce only if one of the following conditions is met:
- Adultery by one spouse.
- Malicious abandonment by one spouse.
- Uncertainty about whether a spouse is alive for at least three years.
- Severe mental illness that makes cohabitation impossible.
- “Other grave reasons” that make the continuation of the marriage difficult.
If the judge determines that none of these conditions apply, the court may reject the divorce request.
3. Trial Process and Duration
A divorce trial follows these steps:
- Filing the Lawsuit: The spouse seeking divorce files a lawsuit with the family court.
- Exchange of Written Arguments: Both parties submit legal documents presenting their arguments and evidence.
- Court Hearings: The court holds hearings, during which each party (and their lawyers) presents arguments and evidence, including witness testimonies if necessary.
- Judgment: The judge delivers a ruling, either granting or denying the divorce. If granted, the court will also decide on related issues such as child custody, division of assets, and alimony.
The duration of a divorce trial varies but generally takes six months to two years, depending on the complexity of the case and the court’s schedule.
4. Appeal Process
If either party disagrees with the judgment, they may appeal to a higher court within 14 days from the day following the date of service of the judgment. The appeal process can further extend the timeline of the divorce.
As a lawyer, the key point to note is “from the day following the date of service of the judgment.”
Some may assume that receiving the judgment document as soon as possible is beneficial. However, courts can provide the judgment result over the phone upon request.
Extending the appeal period can be a tactical decision.
A common legal strategy is to obtain the judgment result over the phone while delaying the formal receipt of the official document until it is delivered to the law office. This delay creates a gap of a few days between the issuance and the official receipt of the judgment, effectively extending the appeal period and allowing more time for careful consideration of the next steps.
5. Importance of Legal Representation
A divorce trial involves complex legal procedures, and Japanese is the language used in all court proceedings. While hiring a lawyer is not mandatory, it is highly recommended, especially for foreigners unfamiliar with the Japanese legal system. A lawyer can help:
- Gather and present strong evidence.
- Advocate effectively in court.
- Ensure that your rights and interests are protected throughout the process.
Final Thoughts
Divorce trials in Japan can be lengthy and emotionally challenging, but they provide a legal avenue for individuals who cannot reach an amicable resolution. Understanding the legal requirements and seeking professional legal support can help you navigate the process with confidence.
Thank you for reading.
