[sam007]

My question is about an intercultural marriage that took place in Japan. This happen about 3 years ago. A japanese female and an american got married. Well within the marriage he cheated on her so they decided to get a divorce. The problem is he left back to the states and has not answered her phone calls has not answer or even signed the divorce papers. She has been struggling for the past 3 years to get her life back. Is there anyway he can be forced to sign those papers? Thus she have a right under American jurisdiction even though they got married in Japan? He has been avoiding her. What can she do?

[lawanwadee]

According to Civil Code (Minpou) Article 770, Clause 1, (Japanese Divorce Law)
There are currently five grounds for divorce:

1) infidelity
2) malicious desertion
3) uncertainty whether the spouse is dead or alive for three years or more,
4) serious mental disease without hope of recovery, or
5) a "grave reason" which makes continuing the marriage impossible.

She can file divorce on grounds of being deserted for a certain period.
If she knows his address in US, the summon can be mailed to him or send via the US consulate.
If she does not have his US address, the court would order her to publish in newspapers.

She may need an attorney.