Prepare to file the divorce

1. Collect any of the following useful documents 

・Pay slips of both spouses

・Bank account statements

・Home mortgage statements and/or car loan statements

・Information of real estate and other properties

・Insurance documents

・Retirement plan documents

・Tax return documents

・Utility bills 

・Spouse’s social security number and driving license number

2. Collect information on divorce law in your state (e.g. if you can file for a divorce)

Depending on the state, you may not be eligible to file for divorce if your period of residency does not meet state residency requirements. Types of divorce available also vary among states. In Massachusetts, you may file for divorce if either member of the couple has lived in Massachusetts for one year. Couples married in Japan or in another state are also able to file for divorce in Massachusetts under the same requirement. Couples who have lived in Massachusetts for less than one year are still able to file for divorce if the reason the marriage ended happened in Massachusetts and you have lived in Massachusetts as a couple.

Website by the Massachusetts government on information regarding divorce procedure:
https://www.mass.gov/info-details/massachusetts-law-about-divorce

Information regarding requirements for filing divorce for each state:
https://www.womenslaw.org/laws　

3. Consult a Family Law or Matrimonial Law Attorney

In the United States, divorce must always be done through court. One should consult a lawyer for any issues regarding the divorce including child custody and visitations, dividing shared property, child support, and alimony. See “3.1.1 How to choose the right lawyer for your case” for further information.

4. In the case protection from domestic violence (DV) is necessary during divorce process

Consult organizations such as the local consulate, JBLine (www.jbline.org), or ATASK (www.atask.org) for counselling on any issues of domestic violence. Choosing to relocate your child away from home without the other party’s permission can constitute parental kidnapping, so it is important to first consult domestic violence organizations or a lawyer prior to taking any action. Use emergency services such as the police in case of immediate concerns to you or your child’s safety. Also consult domestic violence organizations regarding temporary shelter and homes from domestic violence and other related issues.

Links and resources for Japanese residents living abroad experiencing domestic violence:

https://www.mofa.go.jp/mofaj/ca/ha/page22_001736.html

5.After all necessary paperwork is filed, the court will set a hearing date and send to you a notice in the mail, and then to the other spouse a copy of the divorce papers and notice of hearing.

Start planning for life after divorce 

Collect all necessary financial information such as current income, property, and retirement funds (such as 401K). Calculate the estimated cost of living after divorce, and also consider the amount of alimony and child support that would be required if any. In the case where sufficient payment of alimony or child support cannot be expected (See “5.1 Alimony” “5.2 Child Support” for calculation method), you may consider exploring possibilities of taking a job and/or welfare eligibility (See “3.4 Thinking about life after divorce”).