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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am dealing with the divorce petition that my husband filed

Customer Question

I am dealing with the divorce petition that my husband filed in WA state.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: yes, I do have a lawyer
JA: What advice did they give you?
Customer: My situation is that I am currently residing in Japan and I am a Japanese national. My husband is an US citizen currenly residing in WA
JA: Is there anything else important you think the Family Lawyer should know?
Customer: We do have a child of 8 year old living with me in Japan.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  DrakeLAW replied 1 year ago.
Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. You say you have a lawyer already, so I must ask...what are your concerns or questions?
Customer: replied 1 year ago.
My situation is
1.We are married for 13 years and we moved around as a married couple and haves lived in Arizona, Chicago, Tokyo
2.We lived in Tokyo until 2014 as a family but separated in Aug 2014 and my husband mioved back with his parents (Tacoma WA) while my son and I continue to live in Tokyo up to today
3.My husband filed the divorce proceedings in WA disputing the asset split while I filed the divorce proceeding in Japan as I believe this is the proper venue for our dissolution of marriage as this is the last place we maintained our marital relationship more than two years.
4. I filed a motion to dismiss to the WA court claiming that the state does not have a personal jurisdiction over me
5. WA court dismissed the case due to lack of personal jurisdiction over me
6. My husband filed motion for reconsideration claiming that even though WA does not have a personal jurisdiction over me, the case should put on a sumner judgement because I am hiding marital asset and transferring them out from the US to a Japan (which is completely false) and Japanese legal system is inferior to that of WA due to lack of discovery process.My question is what is the probability that the judge to admit their motion for reconsideration. Does their claim make sense enough to get reconsidered?
Expert:  DrakeLAW replied 1 year ago.
Well you did the right thing by filing in Tokyo and motioning to dismiss the Wa proceeding. It is hard to state a probability because every judge is different, but I would say it is more likely that not that the motion for reconsideration will get denied. They are basically asking the judge to change his/her mind. Unless they provide some compelling evidence that wasn't available the first time around, there is little reason for the judge to change his/her mind, the judge already made his/her decision. Where are there major assets? Tokyo and USA?
Customer: replied 1 year ago.
Majority of the asset is located in Illinois but my husband had liquidated most of it claiming that it is precationary act to prevent me to further transfer money out of US to Japan, which I never done. They are claiming that because of my malicious intent to hide asset in Japan, they are entitled to have a trial in WA.
Expert:  DrakeLAW replied 1 year ago.
Well I would be surprised if it gets reinstated. There is no way that court will have jurisdiction over your son. What is your plan for property distribution then? Handle those issues in the Tokyo court? You will face some challenges distributing US property from a Tokyo court.
Customer: replied 1 year ago.
Ideally, if we can mediate a settlement outside of court, that's the best. But if not, we will need to resolve the issue via Tokyo court. I would rather have Tokyo court to solve everything including child castody, asset distribution than having too separate proceedings in two continents, which is extremely inefficient and costly...