For US service members and civilians living in Okinawa, the decision to divorce is already difficult. A common question that follows is: “Should we just file back home in the US?” It seems like the logical choice. After all, you are US citizens, and that’s where you’ll likely return.
However, filing for divorce in a US state while you are living overseas is often far more complicated, expensive, and time-consuming than people realize.
At Dave Higgins Office, we want you to make an informed decision. Before you hire a lawyer back in the States, consider the reality of a stateside divorce from Okinawa versus the streamlined process we offer right here.
1. The Jurisdiction & Residency Headache
To file for divorce in a US state, one of you must meet that state’s residency requirements. This can be a major hurdle for military families who move frequently.
- US Stateside Divorce: You must typically file in the state where you have a legal “domicile” (home of record) or where you have been stationed for a certain period, which varies by state. If you and your spouse have different home states, determining the correct jurisdiction can be complex. You’ll need to hire an attorney licensed in that specific state to navigate these laws.
- The Okinawa Advantage: There are no complex residency hoops to jump through. As long as you are living in Okinawa, we can facilitate your divorce through the local Japanese Family Court system. Our office handles the paperwork to ensure the court accepts jurisdiction over your case.
2. The Financial Reality: US Lawyers vs. Our Flat-Rate Service
The cost difference between a contested US divorce and an uncontested Okinawa divorce is staggering.
- US Stateside Divorce: The average cost of a divorce in the US is between $10,000 and $20,000 per person. If there are disagreements over assets or custody, these costs can skyrocket even higher with hourly attorney fees for phone calls, emails, and court appearances you can’t even attend in person.
- The Okinawa Advantage: We offer a transparent, flat-rate service. Our fee covers document preparation, translation, court filing, and interpreter services for your hearing. There are no surprise bills or hourly lawyer rates. You know exactly what you are paying upfront, and it is a fraction of the cost of hiring a US attorney.
3. Time & Logistics: A Legal Maze from 7,000 Miles Away
Managing a legal battle across the Pacific Ocean is a logistical nightmare.
- US Stateside Divorce: You are dealing with a 13+ hour time difference. You’ll be having early morning or late-night calls with lawyers. You’ll be emailing scanned documents back and forth, hoping nothing gets lost in translation. The process can drag on for months or even years due to court backlogs and the difficulty of coordinating everything remotely.
- The Okinawa Advantage: We are right here in your time zone. You can come to our office, sit down with us, and get your questions answered in person. We handle the entire process locally, from filing the initial application to translating the final divorce decree. An uncontested divorce with our assistance can often be completed in as little as 4-8 weeks once filed.
4. Will My Okinawa Divorce Be Recognized in the US? YES.
This is the most common concern we hear. The answer is simple: Yes.
A court-ordered divorce decree from the Japanese Family Court is legally recognized in the United States. The US legal system recognizes foreign divorces based on the principle of “comity,” provided the process was fair and both parties had notice.
Our service includes providing you with Certified English Translations of your final Japanese divorce documents. These are the exact documents you will need to:
- Update your military records (DEERS, IPAC, etc.)
- Change your name on your passport and Social Security card
- File for a marriage license in the US in the future
The Smartest Path Forward
Why complicate an already difficult situation by adding thousands of dollars in legal fees, international logistical hurdles, and months of waiting?
If you and your spouse are in Okinawa and can agree on the terms of your separation, an uncontested divorce through Dave Higgins Office is the most practical, affordable, and efficient solution.
Let us handle the legal complexities so you can focus on starting your new chapter.