A divorce is when two people who promise love to each other in matrimony decide to part in new paths. Infidelity, debt, and violence are some of the many reasons why couples decide to get a divorce. However recently there are cases where a divorce is filed because, “[their] husband is too addicted to idols.”
On Q&A sites many other women with such problems have been posting similar responses all over the web. In one case a husband started to get into idols which led to him hanging out with his otaku friend and watching DVDs at home. The wife, no matter how she sees it, finds this very disturbing.
When the wife brought up the topic of divorce to her husband thinking that it would be the best for both of them, the husband responded back saying, “you can’t get a divorce just because of my interests.”
However it’s not like the feelings of women in their teens and 20’s aren’t understood. If you brought such a divorce to courts, would that wish be acknowledged? We asked lawyer Higashiyama Shun.
“It would be difficult to get one just by saying your significant other is into idols.”
If both parties reach a mutual agreement, then a divorce by consent is possible; but if either side one-sidedly requests a divorce, then it would be possible only under certain circumstances. (Civil Law Article 770)
As stated by lawyer Higashiyama Shun, those certain circumstances which apply can only be, “serious reasons where it is difficult to continue marriage” such as discrepancies through incompatibility.
Just how many of these circumstances exist?
“The man and wife have a responsibility to be mutually cooperating with each other but even then, it’s possible for one to enjoy themselves as long as it’s within a rational extent. As long as it doesn’t interfere with their duties as a spouse or parent and they are having fun within a reasonable amount of time and money, then a divorce probably would not be accepted in the court of law.”
It seems that just because your husband is into idols it isn’t a strong enough case to bring to the courthouse. Could it be that there are no chances to get a divorce in such a situation?
“It would matter if it ruined their marital relationship.”
“Just saying that ‘they’re into idols’ would not be an acceptable reason. However, if that somehow became the reason for the deterioration and ruin of a marital relationship, then a divorce may be possible.”
Whether you can say liking idols became the reason behind destroying the relationship, that may be a suitable reason but what specifically warrants a divorce if that were to occur?
“For example, things like continued fights between the difference in views in regards to the the interest, large amounts of money being used to support the costs of concerts and goods, or the spouse is so devoted that they begin to completely neglect things like house chores.
However, the reality is that divorce due to incompatibility is very difficult to acknowledge. If the aforesaid circumstances aren’t that severe, do not occur often, or did not lead to something like living separately, then you can’t say the relationship was ruined.”
“Furthermore, the husband and wife have a duty to respect each other, and on that note, it is thought that they both carry a responsibility of not looking down on one another.
“Just because the partner is into idols, if you continue to be prejudiced to him/her, then you might be the one receiving a file of divorce instead” warned lawyer Higashiyama.
(Bengoshi Dot Com Topics
Translated by Kenneth Uy.
Source: Yahoo Japan