Navigating a divorce is one of life’s most challenging experiences, and its complexities are often magnified when living abroad. For U.S. citizens on SOFA status in Okinawa, the process involves a unique intersection of U.S. and Japanese legal principles. A situation that requires particular care and specific timing is when a couple is expecting a child.
We frequently receive inquiries from expecting parents asking if they can begin the divorce process during the pregnancy. While the desire to move forward is understandable, the procedural answer in Japan is clear: you must wait until after your child is born to finalize a divorce that includes child custody.
Why the Wait is Necessary
The core reason for this requirement lies in the paperwork. For a Japanese divorce decree to be legally binding and comprehensive, it must explicitly name all parties involved—including children. To officially include terms for child custody, visitation rights, or support, the child must legally exist. In the eyes of the court and administrative offices, legal existence is proven with official documentation, such as a birth certificate or a passport.
Without these documents, the child’s legal identity cannot be recorded on the divorce agreement. Proceeding with the divorce before the birth would mean the final decree would not—and could not—address the legal custody of your soon-to-be-born child, creating significant legal complications down the road.
How to Use the Waiting Period to Prepare
Just because you cannot file the final paperwork doesn’t mean you can’t be productive. This waiting period is the ideal time to prepare. You can:
- Gather Essential Documents: Collect necessary paperwork like your marriage certificate, passports and birth certificates.
- Discuss and Outline Terms: Begin discussing the terms of your separation, such as the division of assets and, most importantly, the future co-parenting plan.
- Prepare the Affidavit: We can provide you with the necessary Divorce Affidavit. However, keep in mind that once it is notarized, it is typically only valid for three months. We advise waiting to get it notarized until you are closer to the baby’s due date and ready to file.
How We Make It Simple
At Dave Higgins Office, we don’t just guide you; we handle the entire divorce process for you from start to finish. Our service is designed to be simple and straightforward, removing the stress and complexity of navigating a foreign legal system. You don’t need to do anything but provide us with the necessary information—we take care of the rest.
We will:
- Prepare and file all required Japanese legal forms.
- Draft the official agreement to include all your terms, including child custody.
- Manage all interactions with the Japanese Family Court.
Most importantly, the final divorce decree you receive is fully recognized and legally enforceable throughout the United States.
Let us provide a seamless and straightforward solution. Contact Dave Higgins Office, and we will handle everything to secure your simple, stress-free, and legally binding divorce.