Divorce in Japan as a Foreigner: Legal Process & Visa Impact
Guide to divorce procedures in Japan for foreigners. Types of divorce, visa implications, child custody, and what happens to your residence status.
Key Takeaways
- Mutual consent divorce is fastest (90% of cases)
- Spouse visa holders lose status immediately
- Report status change within 14 days
- Japan has sole custody only - no joint custody
- Consider visa options before finalizing divorce
Types of Divorce in Japan
• Both agree to divorce
• Sign divorce form, submit to city office
• Can be done in one day 2. Mediation (調停離婚)
• Family court mediation
• Neutral mediator helps reach agreement
• Takes 3-6 months 3. Trial (審判離婚) - Rare
• Judge decides if mediation fails 4. Litigation (裁判離婚)
• Full court trial
• Only if other methods fail
• Requires legal grounds (abuse, abandonment, etc.)
Impact on Your Visa Status
• Report marital status change within 14 days
• Apply for new visa within 6 months
• Don't overstay - this creates serious problems
Child Custody in Japan
• One parent gets sole custody (親権)
• Usually the mother gets custody
• Foreign parent often loses custody rights
• Visitation rights are weak and hard to enforce What to Do:
• Negotiate custody in writing before divorce
• Consider mediation for custody disputes
• Consult a lawyer specializing in international family law
• Document your involvement in child's life
Frequently Asked Questions
Not automatically. You must change to another visa status (work visa, long-term resident if you have children, etc.) within 6 months of divorce. Report your marital status change to immigration within 14 days.
You'll need to go through family court mediation. If that fails, you can file for litigation divorce, but you'll need to prove legal grounds like abuse, abandonment, or adultery.
It's difficult. Japanese courts favor the Japanese parent, especially mothers. If you want custody, document everything about your relationship with your children and get a lawyer experienced in international family law.
Last updated: January 14, 2026