7 ms·

Can someone give more context here? Is there some burden of proof required to divorce in Japan? From the article it looks like most are attached to private dete

by S_A_P 6y ago

Can someone give more context here? Is there some burden of proof required to divorce in Japan? From the article it looks like most are attached to private detective agencies as well. Is this because without evidence of infidelity you have to pay alimony/some other spousal support? Or is there no equivalent of 'we just don't like each other anymore'?

sersi 6y ago
In Japan, divorce is relatively easy in case of mutual consent but in case when the spouse doesn't want to divorce it quickly becomes very complicated... The first step is mediation with a court appointed mediator which can take a long time... If mediation doesn't work, the next step is to go to court in which case having some dirt on the spouse that doesn't want to divorce is crucial in influencing the judge deciding the case.
- sukilot 6y ago
  Unless you have children, right?
ArekDymalski 6y ago
From the article: "Isohata’s husband used these photographs as evidence for a divorce. (Such evidence is needed when a Japanese divorce is contested.)"
laurieg 6y ago
If both parties agree then divorce is very simple. However, if one party refuses things can be drawn out for years (an old boss of mine came into the office literally singing and dancing after the divorce was finalised). Bare in mind that Japan has no legal joint custody. Also, culturally it's normal for one parent to have zero contact with children after divorce. Here is an account of the divorce process［1］. I do not know if all the information is still relevant today. ［1］http://www.debito.org/thedivorce.html http://www.debito.org/thedivorce.html
stupidcar 6y ago
The UK too has only just introduced the concept of "no-fault divorce": https://en.wikipedia.org/wiki/No-fault_divorce#United_Kingdom https://en.wikipedia.org/wiki/No-fault_divorce#United_Kingdo... Previously couples had to apportion blame for the marriage breakdown, which encouraged it to be an adversarial and rancorous process.
- mellosouls 6y ago
  This makes it sound like no fault divorce is a good thing. No doubt there are positives but it's difficult to see how it isn't just another step along the path of the trivialising of marriage. Perhaps we should be looking at other approaches to the problem of unhappy marriages, in particular the due diligence of people in choosing their partners - especially when there are children involved or intended. I'm not suggesting a method or solution, just pointing out making divorce easier is not universally considered a good thing or moral win.
  - bluedevil2k 6y ago
    > trivialising of marriage Maybe we've taken marriage too seriously for hundreds/thousands of years, and we're finally progressing as a global society to realize that till-death-do-us-part might be too big of a commitment for some 20-somethings. After all, what's really the difference between being married and living with your significant other besides some laws that are based on the old views of marriage. (Granted, with kids things get tricky, but making sure parents stick around and help raise kids to me seems rather independent on whether a couple was married or not - seems more to do with someone's inner beliefs)
    - thrden 6y ago
      Even if we set aside any potential spiritual, or child-rearing value. Marriage is a very important institution in helping people achieve economic mobility, it increases your household income significantly, as well as seriously reducing your cost of living. Anecdotally, my cost of living was drastically reduced when my girlfriend and I moved in together (thereby splitting a 1BR), however given that we aren't married we individually have to save a good amount of money in cash accounts in case of a breakup. If we were married, we could reduce our cash savings by 50% and instead invest that money into the open market. Moreover, we would be far more likely to take care of the other financially if one went to school if we were married. Marriage, and the commitment it entails changes the attitudes of individuals towards each other by ensuring that we can plan for a combined future. all that exists outside of societally constructed benefits like joint taxation and healthcare.

by S_A_P 6y ago

sersi 6y ago

In Japan, divorce is relatively easy in case of mutual consent but in case when the spouse doesn't want to divorce it quickly becomes very complicated... The first step is mediation with a court appointed mediator which can take a long time... If mediation doesn't work, the next step is to go to court in which case having some dirt on the spouse that doesn't want to divorce is crucial in influencing the judge deciding the case.

sukilot 6y ago
Unless you have children, right?

ArekDymalski 6y ago

From the article: "Isohata’s husband used these photographs as evidence for a divorce. (Such evidence is needed when a Japanese divorce is contested.)"

laurieg 6y ago

If both parties agree then divorce is very simple. However, if one party refuses things can be drawn out for years (an old boss of mine came into the office literally singing and dancing after the divorce was finalised). Bare in mind that Japan has no legal joint custody. Also, culturally it's normal for one parent to have zero contact with children after divorce. Here is an account of the divorce process［1］. I do not know if all the information is still relevant today. ［1］http://www.debito.org/thedivorce.html http://www.debito.org/thedivorce.html

stupidcar 6y ago

The UK too has only just introduced the concept of "no-fault divorce": https://en.wikipedia.org/wiki/No-fault_divorce#United_Kingdom https://en.wikipedia.org/wiki/No-fault_divorce#United_Kingdo... Previously couples had to apportion blame for the marriage breakdown, which encouraged it to be an adversarial and rancorous process.

mellosouls 6y ago
This makes it sound like no fault divorce is a good thing. No doubt there are positives but it's difficult to see how it isn't just another step along the path of the trivialising of marriage. Perhaps we should be looking at other approaches to the problem of unhappy marriages, in particular the due diligence of people in choosing their partners - especially when there are children involved or intended. I'm not suggesting a method or solution, just pointing out making divorce easier is not universally considered a good thing or moral win.
- bluedevil2k 6y ago
  > trivialising of marriage Maybe we've taken marriage too seriously for hundreds/thousands of years, and we're finally progressing as a global society to realize that till-death-do-us-part might be too big of a commitment for some 20-somethings. After all, what's really the difference between being married and living with your significant other besides some laws that are based on the old views of marriage. (Granted, with kids things get tricky, but making sure parents stick around and help raise kids to me seems rather independent on whether a couple was married or not - seems more to do with someone's inner beliefs)
  - thrden 6y ago
    Even if we set aside any potential spiritual, or child-rearing value. Marriage is a very important institution in helping people achieve economic mobility, it increases your household income significantly, as well as seriously reducing your cost of living. Anecdotally, my cost of living was drastically reduced when my girlfriend and I moved in together (thereby splitting a 1BR), however given that we aren't married we individually have to save a good amount of money in cash accounts in case of a breakup. If we were married, we could reduce our cash savings by 50% and instead invest that money into the open market. Moreover, we would be far more likely to take care of the other financially if one went to school if we were married. Marriage, and the commitment it entails changes the attitudes of individuals towards each other by ensuring that we can plan for a combined future. all that exists outside of societally constructed benefits like joint taxation and healthcare.