How can a US service member who is married and stationed in Japan, get a divorce if their spouse is in the states?
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How can a US service member who is married and stationed in Japan, get a divorce if their spouse is in the states?
We only have a Japanese marriage certificate. For us to divorce in Japan, he must come back so we may both appear before a judge. He cannot come back: plane tickets are approximately $1500 and he has already started his winter school semester. We have been legally separated for 6 months and would like to file a no-fault divorce as soon as possible. However he also is currently unable to take the certificate to the court house. What would be the fastest way for me to accomplish this from Japan? I also have been unsuccessful in reaching a rep for the appropriate county court houses.
Asked on October 5, 2011 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Assuming that your spouse is in Texas, you would be better off filing for divorce in Texas since Texas does accept no-fault divorces. To file for divorce in Texas, it doesn’t matter where you were married, only that you were. Venue and jurisdiction are proper if one spouse lives in Texas. This is going to require some leg work on your spouse’s part though. A divorce begins with the filing of a petition. Either one of you can mail or hand-deliver the petition to the district clerk in the county where your spouse lives. You will need to call the district clerk in advance to find out what the filing fees are. Most counties charge around $300.00 in filing fees. The other spouse needs to sign a waiver of service and one of you will need to get that filed with the clerk as well. Finally, you’ll have to wait sixty days and then go to the court for a “prove-up.” Essentially, your spouse will need to put on about 10 minutes worth of testimony for the court to finalize the divorce. It usually involves telling the court that you and your spouse are not going to reconcile and that the agreement you have reached in your final divorce decree is fair and equitable. Only one spouse needs to testify and be present at a prove-up. Your spouse will have to take a prepared final decree or order with them for the judge to sign. If your spouse is way too busy to do the leg work, another option is to hire an attorney to get the divorce moving by filing the petition, filing the waiver of service, and preparing the final decree. After that work is done, the only thing your spouse will have to do is to appear for the prove-up with your attorney to put on the final testimony. Even though your spouse is in school, a ten minute hearing should not be too much of an inconvenience.
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