Divorce Due to Differences in Values: Child Custody and Asset Division

Consultation from: Nina Kim (30 years old, from South Korea, graphic designer, annual income: 4 million yen, lives in Kawasaki, Kanagawa)

Nina: Hello, Eishin Law Office. My name is Nina Kim. I am 30 years old and have been in Japan for 10 years. I work as a graphic designer in Kawasaki, Kanagawa. I married my husband Ken 8 years ago, and we have a 2-year-old daughter.

Recently, there has been a big gap between me and my husband. He works as an engineer and earns about 6 million yen a year. We have different views on life and child-rearing, and we argue almost every day. He insists on his opinions and does not listen to mine.

Our relationship has become very cold, and I believe it is negatively affecting our child, so I have decided to get a divorce. However, I am worried about the divorce process and property division. I also want to have custody of my child. If my husband fights for custody, I want to know how to handle it.

Eishin Law Office, can you please help me? I want to make a better future for my child and myself. Thank you very much.

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Example Response from Eishin Law Office

Eishin Law Office:

Hello, Nina. Thank you for sharing your story with us. We understand that you are going through a very tough time.

First, about the divorce process. In Japan, there are three types of divorce: mutual agreement, mediation, and court divorce. If you cannot resolve the issues with your husband through discussion, you can go to family court for mediation. If mediation doesn't work, you can proceed to court divorce.

Next, about property division. In Japan, assets gained during marriage are usually divided equally. We will help you calculate and divide the assets properly.

For child custody, it is usually decided based on what is best for the child. Considering that you have been the main caregiver and the impact of value differences, it is likely that you will get custody.

Please visit our office so we can explain the procedures and necessary documents in detail. We will provide the best advice for you and your child.

Thank you, and we look forward to helping you.