legal advice anyone?

[soulkraka]

hello all,

question: If I am married in the US am I married in Japan?

my situation is this: I am currently married to a japanese citizen(my ex) whom I have stayed married to just to help her out with her visa situation. My current girlfriend and I are planning to get married and she wants to go back to japan ASAP. We plan to get married. I will file for divorce with my ex but it takes 6 months to finalize in the US. Can I safely move to Japan during that period and marry my current girlfriend? Or, is that considered polygamy?

Thanks!!

[Steve Bildermann]

First thing. Does your name appear on the family register of your wife?

That is to say has your wife registered you as her husband through the local town hall / ward office in Japan?

[GomiGirl]

Can I safely move to Japan during that period and marry my current girlfriend? Or, is that considered polygamy?

No you cannot get married in any country until the decree absolute is issued. They may not catch you right away but you don:t want to take the risk for a matter of a mere six months do you?

When you get remarried, you will have to show your original marriage certificate and divorce papes to make your new marriage legal.

You can move to Japan on a tourist visa extended which will give you the six months.

Is there such a thing as a fiance visa for Japan? I know that other countries have a system where if you prove you are engaged and have a meeting with the immigration trolls you can live and work as long as you get married within a certain time frame.

[soulkraka]

thanks for the info

1. I am NOT on her family registry

2. Gomi, are you sure I need to show my original marriage certificate and divorce papers even though those documents are from a different country?

fiance visa?? hmmm, interesting. Anyone have info about this?

Thanks!!

[GomiGirl]

2. Gomi, are you sure I need to show my original marriage certificate and divorce papers even though those documents are from a different country?

Yes I am sure. My friend was married in Italy to a guy who had been married before. They were both Ausralian but chose to marry in Italy. They had to show all of the certificates even though they were issued in another country. Marriages and divorces are recognised internationally.

The catholic church is another matter as they will not recognise a marriage not performed in a catholic church.. but then gone are the days when church laws were the only laws.

[Steve Bildermann]

[GomiGirl]

fiance visa?? hmmm, interesting. Anyone have info about this?

A different friend moved to the UK on a fiance visa as they were planning to get married within 6 months of her arriving. But she was not able to work full-time) or maybe she didn:t work at all - I forget now. Best thing is to check with the Japanese consulate in the US or the US embassy in Japan as they have a whole department for family matters. The US embassy in Japan has a really decent web-site and if I wasn:t a lazy cow I would post the url but I am sure you are able to google US+embassy+japan for yourself.

[Steve Bildermann]

[soulkraka]

Thank you Steve

So it seems as if I file for divorce here in the states before I leave then everything should be cool when I get married in Japan even if the divorce isnt "official" or "processed" in the states yet right?

[GomiGirl]

[soulkraka]

gomigirl, nevertheless I still appreciate your effort to help me sort this issue out!

[GargoyleTS]

Part of the whole marriage process I thought was showing MASSES of papers cause I thought they did ask if you were married before and if you have divorced and ask for those papers as proof. (this is part of getting a spouse visa too)

Also, the real trap is if you go back to the states cause something is wrong. Say the divorce isn't granted for some reason (does your state require marriage counceling before granting divorce?), or you have to come back sooner than expected and it isn't finalised. The US recognizes that second marriage and if your (current) wife knows about it she can cause HUGE trouble for you. Best advice would be to stay and finalise your current divorce, then head for Japan. Or see if you can get it done faster by paying a lawyer to push the paperwork through.

I though Aldwinkle had some of this on his website but I can't find it right now. http://www.debito.org/residentspage.html Still an excellent site for anyone coming to Japan even IF your dating a native

[Steve Bildermann]

Thank you Steve

So it seems as if I file for divorce here in the states before I leave then everything should be cool when I get married in Japan even if the divorce isnt "official" or "processed" in the states yet right?

Well in the eyes of Japan you are NOT married to a Japanese citizen because you are not in her family register. So yes you can start divorce proceedings (or not if you choose) come to Japan and get married here to the second person.

Tricky part is if the first Japanese citizen who is married to you in the US decides to play hard ball. She could come to Japan, register the marriage to her in her family register, file a complaint with the police and bingo, before you know it, you're doing time for bigamy (which is not very long actually only about six months)

[Naniwan Kid]

My understanding is that my wife (Japanese) "line" ends with me, but her name and my name is on the registry. If our son decides to become a Japanese citizen he will be on there, but at this point he isn't. It's a dead end, but our last name (my last name) is in katakana on there.

[Gaisaradatsuraku!]

Hey Guys!

I am paying my ex-spouse (w/no kids) approx. $3,000) in alimony. For the next three years. I got completely ripped off in court and had to pay for all legal expenses (i.e., mine and hers) and valuations (mine and hers) of various property I acquired during the marriage. In order to put an end to the legal bills (running about $4,000 per month) I agreed to this sweetheart settlment.

Anyway. If I move to Japan can I stop paying the alimony? I know that she will take a judgement in the US against me put I can liquidate my assets and put the proceeds offshore. Her judgement will just be a worthless and expensive piece of paper.

In the end, my question is, can a U.S. alimony payment be enforced if I am in Japan and my wife remains in the U.S? Also, what if my parasite former spouse moves back to Japan just to chase me (I am, after all, quite a catch). Can she enforce the US settlement in Japan?

Many Thanks to all you wiggaz.

[Caustic Saint]

Hey Guys!

I am paying my ex-spouse (w/no kids) approx. $3,000) in alimony. For the next three years. I got completely ripped off in court and had to pay for all legal expenses (i.e., mine and hers) and valuations (mine and hers) of various property I acquired during the marriage. In order to put an end to the legal bills (running about $4,000 per month) I agreed to this sweetheart settlment.

Are you paying $3,000 per month?

Anyway. If I move to Japan can I stop paying the alimony? I know that she will take a judgement in the US against me put I can liquidate my assets and put the proceeds offshore. Her judgement will just be a worthless and expensive piece of paper.

You could stop paying it now, you'd just get in trouble for doing it. If you want to protect your cash, you're safer moving it out of the country to some place with nice banking laws.

In the end, my question is, can a U.S. alimony payment be enforced if I am in Japan and my wife remains in the U.S? Also, what if my parasite former spouse moves back to Japan just to chase me (I am, after all, quite a catch). Can she enforce the US settlement in Japan?

Many Thanks to all you wiggaz.

I doubt the payment can be enforced in Japan, whether she's there or not. I don't think you get get your wages garnished in another country. I'd say you're safe even if she comes to Japan.

Now, here's the rub, if you do this to get out of paying her, you're liable to get in some serious shit when/if you go back to the US.

Note: I'm not a lawyer, nor do I play one on TV.

[Gaisaradatsuraku!]

Yes, that should read $3,000 per month.

Well, she will only have a limited amount of time to collect. Plus, now that this thing is out of divorce court it will be harder for her to force me to pay her legal fees. When she starts paying $350/hr for some divorce chump out of her own pocket (particularly when my cash doesn't come in) I bet that she will be FAR more willing to negotiate. That is my plan, leave her hanging in the wind and then offer her a lump sum to call the whole thing off. Hopefully I can knock down this $100k liability to at least $50k.

Has anyone had any experiece in trying to enforce ANY US judgement in Japan?

[Big Booger]

Gai,
Move to Iraq. Men are kind supreme there. You can throw a burka on her, beat her, and kill her for walking with another man.. no more alimony

[Steve Bildermann]

Hey Guys!
judgement will just be a worthless and expensive piece of paper.

In the end, my question is, can a U.S. alimony payment be enforced if I am in Japan and my wife remains in the U.S? Also, what if my parasite former spouse moves back to Japan just to chase me (I am, after all, quite a catch). Can she enforce the US settlement in Japan?

Many Thanks to all you wiggaz.

No. A US alimony payment order cannot be enforced if you are in Japan. If you have no assets in the US to meet the court order then all the court can do is declare you bankrupt. Your former spouse must then wait, like any other creditor, until you become solvent again. BTW the IRS is ahead of her in the list of creditors. Of course!

One caveat to that is if you work for an international company such as IBM or the like in Japan. Many such US and now EU companies *will* obey a salary garnishment order made in the US or Europe against you. Your spouse could take the court order to the human resources department in the home office and they will direct their local branch to deduct the alimony.

[Gaisaradatsuraku!]

Hey Guys!
judgement will just be a worthless and expensive piece of paper.

In the end, my question is, can a U.S. alimony payment be enforced if I am in Japan and my wife remains in the U.S? Also, what if my parasite former spouse moves back to Japan just to chase me (I am, after all, quite a catch). Can she enforce the US settlement in Japan?

Many Thanks to all you wiggaz.

No. A US alimony payment order cannot be enforced if you are in Japan. If you have no assets in the US to meet the court order then all the court can do is declare you bankrupt. Your former spouse must then wait, like any other creditor, until you become solvent again. BTW the IRS is ahead of her in the list of creditors. Of course!

One caveat to that is if you work for an international company such as IBM or the like in Japan. Many such US and now EU companies *will* obey a salary garnishment order made in the US or Europe against you. Your spouse could take the court order to the human resources department in the home office and they will direct their local branch to deduct the alimony.

Interesting. Do you know if there is a legal requirement for companies to do this (I assume most companies wouldn't volunteer do this because it is more work for them). Is this only when the local Japanese office is a "branch?" What if it is a 100% sub?

[devicenull]

Gai,
Move to Afghanistan. Men are kind supreme there. You can throw a burka on her, beat her, and kill her for walking with another man.. no more alimony

-fixed

iraq is actually (soon to be was) one of the best places for women in the ME... they had tons of rights under saddam... burkas were also more or less illegal, and the shi'ites (ultra conservative insane ones) were slaughtered en mass when they tried anything :P

[Steve Bildermann]

Interesting. Do you know if there is a legal requirement for companies to do this (I assume most companies wouldn't volunteer do this because it is more work for them). Is this only when the local Japanese office is a "branch?" What if it is a 100% sub?

Yes there is a legal requirement. It came in with the 'dead beat dad' law passed a few years back.

Not every company does it. Some claim they don't have the resources available to make it work. The US state department keeps a sort of league of 'best compliers' I know IBM and many accounting companies head up the list.

In the end it's like any law. It only matters *if* you can get it enforced. If the company doesn't want to do it then there's not much to be done.

[Gaisaradatsuraku!]

Interesting. Do you know if there is a legal requirement for companies to do this (I assume most companies wouldn't volunteer do this because it is more work for them). Is this only when the local Japanese office is a "branch?" What if it is a 100% sub?

Yes there is a legal requirement. It came in with the 'dead beat dad' law passed a few years back.

Not every company does it. Some claim they don't have the resources available to make it work. The US state department keeps a sort of league of 'best compliers' I know IBM and many accounting companies head up the list.

In the end it's like any law. It only matters *if* you can get it enforced. If the company doesn't want to do it then there's not much to be done.

Okay. But in my case I am not a dead beat dad. This is spousal support not child support. It seems to me that there is a lot more emphasis placed on the child support. Also, what happens if you are NOT a secondee. That is you become a local employee of the local Japanese sub? Any difference? If you are a secondee, then technically, you are still employed by the US firm. However, if you are a local hire, legally you are employed by a different company. Any differences?

[Gaisaradatsuraku!]

Steve,

Hey, did some surfing and found some interesting info from the US department of state. It dealt only with child support arrearages. It was silent on spousal support. I also called one of the state agencies listed as contacts where parents can call for help. I told them "my spouse moved to a foreign country and won't pay me spousal support" and they said, "you need to call your lawyer." I said, "so you only deal with child support" and she said "yes."

I am getting the feeling there is an important distinction between child support and spousal support. But I only know enough to be wildly dangerous.

Also, enjoyed your post re your two sons. Didn't have any idea you had kids that old. Hope all is going well for you and your wife/family. You seem to have hooked up with a good woman. Lucky man.

[Steve Bildermann]

Okay. But in my case I am not a dead beat dad. This is spousal support not child support. It seems to me that there is a lot more emphasis placed on the child support. Also, what happens if you are NOT a secondee. That is you become a local employee of the local Japanese sub? Any difference? If you are a secondee, then technically, you are still employed by the US firm. However, if you are a local hire, legally you are employed by a different company. Any differences?

Yes I know you are not a DBD that's why I said it came in *with* the DBD law. It was a add-on clause sponsored by Ted Kennedy and a few other leading liberals. At the time it was the UN 'Year of the Woman' so several such laws were passed. A few have been repealed but the DBD one is still there. Dead beat Moms and wayward spouses are also liable under the law.

As to your question about secondee or local hire then it's pretty murky waters and I'm not sure I can be too much help there.

I'm just pointing out a 'gotcha' that *could* turn up.

[Gaisaradatsuraku!]

Steve,

Much appreciated.

domo!

[Steve Bildermann]

Also, enjoyed your post re your two sons. Didn't have any idea you had kids that old. Hope all is going well for you and your wife/family. You seem to have hooked up with a good woman. Lucky man.

Chisato is about as perfect a life partner as I could ever imagine. Fiercely independent yet fiercely loyal as the same time. As you know my mental problems have caused her and her family a lot of extra work and God knows how much stress but she has never once complained or acted selfishly. Lucky is an understatement.

[Gaisaradatsuraku!]

it came in *with* the DBD law. It was a add-on clause sponsored by Ted Kennedy and a few other leading liberals. At the time it was the UN 'Year of the Woman' so several such laws were passed. A few have been repealed but the DBD one is still there. Dead beat Moms and wayward spouses are also liable under the law.

Is this how that drunkard Kennedy spends his time. They shot the wrong brother. Thank God John John's crackhead wife caused Jr. to take it to Davey Jone's locker. God knows what a "pretty boy" Kennedy would have done.

I know I have poor taste in women but John John's wife was a total bowser. He could have had any women he wanted. But no, he has to choose a strung out fag hag from NYC.

BTW, I really don't go for that American Camelot stuff. The Kennedy's are a pack of crazy bootlegging Micks with boozy brains and engorged genetalia. Gangs of New York said it best about the Irish....

Hope you are not Irish.

Oops!

[Steve Bildermann]

Hope you are not Irish.

I'm half Scot so go right ahead but ONE WRONG WORD about bagpipes or Haggis and you'll have Mel Gibson to answer to..

[DavMax]

3000 USD of Alimony ..
when i see that. i have a question:
i m from belgium, where is better to marry with my J girlfriend? In japan or in belgium?It is about for protect my ass from eventualy divorce..and alimony...
So in Case of divorce with J woman, what is the best way to avoid expansive Fuckin alimony?considering I ll reside in japan ?