For Clients Living in California
Even if you do not wish for it, there may be times when you are faced with legal issues. Legal terminology and procedures can be confusing even in Japanese. In the United States—where it is not your home country and English is not your native language—such confusion can be overwhelming.
In Japan, there are many attorneys with whom you can consult in Japanese, but this is not as easy when living abroad. Even if a local attorney speaks Japanese as a second language, cultural and experiential differences may create subtle gaps in understanding that Japanese clients cannot ignore.
I was admitted to the Japan Bar in 2012, and while practicing in Tokyo I handled a wide range of matters—not only corporate-related cases but also civil litigation, inheritance, real estate, divorce, traffic accidents, criminal defense, and juvenile cases. I am a Japan-born and raised attorney, licensed in both Japan and the United States. Clients often tell me that my approachable personality, friendly manner, and responsiveness are among my strengths. Of course, I can provide consultations in native-level Japanese, so please feel free to reach out.
Although I am based in Irvine, California, I offer consultations by phone and online (e.g., Zoom), so you can consult with me regardless of where you reside.
Below are some representative examples of the types of cases I handle. If you are facing a legal issue, I encourage you to consult with me. I believe you will find that being able to speak with a Japanese attorney who shares your language and cultural background provides great reassurance.
Divorce
Divorce is one of the issues for which I frequently receive consultations from Japanese clients.
A common scenario involves a Japanese and an American married couple residing in California who decide to divorce, but cannot reach agreement on matters such as property division, spousal support, or child support.
There are significant differences between Japanese law and California law in divorce proceedings. One notable example is spousal support. In Japan, the obligation to pay marital expenses ends once the divorce is finalized. In California, however, what is known as spousal support (commonly referred to as alimony) continues even after divorce. Depending on whether Japanese law or California law applies, the rights and obligations of the spouses can differ greatly.
Another key difference involves child support. In Japan, if child support is not paid, the custodial parent must take action to enforce payment—such as through negotiations, court petitions, or compulsory execution. This often requires the assistance of an attorney, which can reduce the amount ultimately received. In California, however, the Department of Child Support Services (DCSS) is a government agency that handles the collection of child support. If the amount has not yet been determined, DCSS can initiate proceedings and make the necessary legal arguments, enabling child support to be secured without having to hire a private attorney. California also imposes penalties for delinquency, such as suspension of a driver’s license, making collection more effective than in Japan.
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Please note: This blog post is available in Japanese only.
Another major difference is procedure: unlike Japan, there is no divorce by mutual agreement through a simple filing. Even if both parties agree to divorce, a petition must be filed with the family court, and the divorce must be finalized by judgment.
International marriages also raise concerns about child abduction. In California, joint custody is the principle, meaning that even if one parent has custody, taking a child out of the country without the other parent’s consent is prohibited. Such conduct may lead to return proceedings under the Hague Convention and could even constitute international parental kidnapping under U.S. federal law. Care should be taken when planning temporary return trips to Japan or overseas travel.
As these examples illustrate, divorce procedures differ significantly from those in Japan, and international cases present unique challenges. Rather than struggling alone, I encourage you to consult with me for guidance.
- Support with Divorce Petitions
- Negotiation of Property Division, Spousal Support, and Child Support
- Representation in Divorce Litigation
- Petitions for Restraining Orders Based on Domestic Violence (DV)
Inheritance
I provide comprehensive support ranging from estate planning during one’s lifetime (including wills, trusts, and powers of attorney) to probate, will execution, and trust administration after death.
Inheritance procedures also differ greatly between Japan and California.
In Japan, the family registry (koseki) and residency records make it relatively easy to confirm who the heirs are and where they live. In California, there is no equivalent system. Identifying and locating heirs can be difficult, often requiring investigative efforts—and in fact, there are professionals who specialize in heir searches.
In California, even if a will exists, a petition for probate must be filed in the family court. This is similar to Japan’s will verification process, but in Japan such a procedure is required only for privately kept handwritten wills. Public notarial wills, or handwritten wills deposited with the Legal Affairs Bureau, do not require court proceedings.
Because California has no official registry of heirs, probate procedures include publishing a notice in a newspaper stating that a certain individual has passed away and that probate proceedings will be held in a certain court on a certain date. This is to give potential heirs the opportunity to participate in the proceedings. Probate hearings are public, which means that details of the will and the assets subject to inheritance also become public information. It is sometimes joked that when celebrities die, many people suddenly claim to be illegitimate children—this stems from the public nature of probate.
Probate is not only public but also time-consuming. For this reason, many people create trusts in order to avoid probate. It is also common to prepare a Power of Attorney (POA) for financial and healthcare decisions in case one becomes incapacitated. In Japan, such situations are generally handled through the guardianship system, which requires court proceedings, making this another major difference.
Preparing wills, trusts, and POAs in advance is referred to as estate planning. In the United States, this is a common approach to preparing for old age and inheritance, and many attorneys provide such services.
For Japanese nationals who own assets in Japan (such as bank accounts or real estate), there is one more important consideration. Even if you create a will or trust in California, the procedures for changing title in Japan can become very complicated. For Japanese assets, it is advisable to prepare a notarial will in accordance with Japanese law. Consuls at Japanese consulates can act as notaries (Civil Code Article 984), making it possible to create a notarial will even while residing in California.
As I am licensed to practice law in Japan and have handled numerous inheritance cases there, I have extensive knowledge of Japanese procedures as well. I am also familiar with the unique concerns and points of attention that Japanese clients may have. Please feel free to consult with me.
- Estate Planning (Wills, Trusts, POA)
- Support for Preparing Notarial Wills under Japanese Law
- Representation in Probate and Trust Administration Proceedings
- Support with Small Estate Affidavit Procedures
- Negotiation in Inheritance Disputes (e.g., Will Contest)
- General Advice on Cross-Border Inheritance between Japan and the U.S.
Criminal Defense
Criminal cases are also among the matters for which I frequently receive consultations. In particular, DUI (driving under the influence) and DV (domestic violence) cases are common.
DUI is typically discovered when a vehicle is stopped at night for some reason. If a breath test shows a blood alcohol concentration of 0.08% or higher, the individual will usually be arrested. Unlike in Japan, where bail is not permitted during arrest or detention, California allows bail. With prompt action and payment of bail, it is often possible to be released from custody the following morning. However, the process involves unfamiliar steps, such as arranging bail and working with a bail bondsman, which can be confusing.
California is known as one of the strictest states in the U.S. when it comes to domestic violence. When police receive a report of alleged domestic violence, they are highly likely to make an arrest. The state applies a “zero tolerance” policy, meaning that even a minor marital dispute can result in arrest if any violent conduct is suspected.
After arrest and bail, the case proceeds to court. In the U.S., it is common to seek reduced charges through plea bargaining. This requires appearing in court and negotiating with the District Attorney (DA), which makes having an attorney essential.
In addition to concerns about the outcome of the case itself, many clients also worry about the impact on their visa or residency status. Recently, in DUI cases in particular, even an arrest (not a conviction) may lead to automatic cancellation of a visa. While this does not automatically terminate one’s right to remain in California or result in deportation as long as one stays in the U.S., it can cause serious problems with employment or schooling. I can also provide advice on visa and residency issues, so please feel free to consult with me.
- Assistance with Arrest and Detention (jail visits and bail procedures)
- Development and Implementation of Mitigation Strategies (plea bargaining, referral to rehabilitation programs, etc.)
- Representation at Trial after Indictment
- Settlement Negotiations with Victims