How long have you been married? Less than 10 years➡︎ You may be able to receive a small amount of alimony. Any assets or property received from asset division will likely be little. See “3.1.2.1 Alimony” and “3.1.2.3 Asset Division” for details.
More than 10 years➡︎ There is considerable chance that you may receive fifty to sometimes up to sixty percent of alimony, property, and/or assets from asset division (situations can vary greatly). If you reach the retirement age and are not remarried, you will be eligible to receive a portion of your ex-spouse’s retirement benefit. See “3.1.2.1 Alimony” and “3.1.2.3 Asset Division” for details.
Do you have any children? If you have one or more children➡︎ Decisions must be taken over issues regarding custody (legal and physical custody, visitation schedules) and who pays for child support, health insurance, taxes, etc.
Q1 Has your spouse given permission for the child to return temporarily to Japan?
Yes – Have it legally arranged
No – Negotiate during the divorcing process
Q2 How close are each parties’ house, workplace, and the child’s school to each other, and how will it affect visitations?
Far – You will need to negotiate to the fine details
Close – There likely will not be complications
If you do not have any children➡ No arrangements required
Do you own any assets or property? Yes – Any and all information regarding your assets/property must be shared when dividing assets. See “3.1.2.3 Asset division” for details.
Q1 Do you own a house?
Yes – Determine who will live in the current house. If the house is planned to be sold, determine how the sales profit will be divided.
No – It will be necessary to consider where you will live after divorce. You will need to factor in the child’s school and rental costs if applicable.
No assets – Plan out you will live after the divorce and onward during the divorce process.
Do you and your spouse earn income? Large income difference – The party with lesser income may be eligible to receive alimony. See “3.1.2.1 Alimony” for details. 
Equal amounts of income – Though it will be considered during the divorce process, it is possible that no major arrangements regarding alimony will be made
Are you a lawful permanent resident (hold a green card) or citizen? Yes – Divorce will not affect your permanent residency or citizenship.
If you hold a Conditional Green Card (effective for 2 years) through marriage to a U.S. citizen – If you wish to transition to a lawful permanent resident (effective for 10 years) you must file Form I-751 (Petition to Remove the Conditions of Residence) within 90 days before expiry and send them to the USCIS. You will need the signatures of both you and your spouse. If you have divorced before the time of renewal, it is possible to apply on your own, but you must be able to prove that you entered your marriage in good faith and intended to remain married to your spouse (such as with proof that you have a child, a job, or combined finances).
If your Visa is pending – A divorce may affect your application for visa or permanent residency if it occurs while it is pending, and it is advised to consult an immigration lawyer. There will be no effect on applications not based on marriage to your spouse.
Where do you plan to get a divorce? In the U.S. – All divorces are processed through the court. See “3.2 decision of the divorce procedure” for details. You will need to undergo a separate procedure to validate the U.S court decision on the divorce when you move back to Japan. For more information, refer to the website by the Japanese consulate in Boston. (Link: https://www.boston.us.emb-japan.go.jp/itpr_ja/koseki.html)
Divorce by agreement (kyogi rikon) in Japan – You may divorce based on mutual consent in Japan if either one of the parties is a Japanese citizen and both parties have agreed to the divorce. This is called a “divorce by agreement” and it is finalized through registration of divorce papers signed/stamped by both parties at the ward hall, and the non-Japanese citizen does not have to be physically present during the process. Divorce granted in Japan is generally recognized in the U.S. However, there have been reports of cases where states and public institutions do not recognize a divorce on the fact that it was not a decision decreed by a judge in court or because they deemed there was lack of sufficient information in the divorce agreement. If any of these happen to you, consult a lawyer in the state of your residence who may be able to solve the problem by going through the U.S. court.
Divorce by mediation in Japan – You may divorce through mediation in a family court in Japan, even if one of the spouses is an American citizen. However, at least one of the parties must be a legal resident of Japan and the court will not accept cases from couples who have traveled to Japan for the sole purpose of obtaining a divorce. See further details on the website of the U.S. embassy. (Link: https://jp.usembassy.gov/ja/services-ja/divorce-ja/)
Are you experiencing domestic violence? Yes– If you have proof via pictures, doctor’s testimony, or criminal records, you may be able to demand compensation from your spouse. Though it comes with a considerable waiting time, you may also be able to apply for permanent residency both for you and your child if you are a victim of spousal abuse. Please consult with a domestic violence organization for support.
No – No need for consideration