[Answer]
The applicable law in
divorce matters will be your country’s law since you are of the same
nationality. Unless divorce by mutual consent is not recognized under your
country’s law, you will be able to get divorced only in a court of law. Even if
divorce by mutual consent is indeed a recognized form in your country,
additional steps may be required. For example, the South Korean law requires
both husband and wife to report to the South Korean Embassy or Consulate
General in person so that officials there will confirm the intent of divorce
directly from them.
Some exceptions to the above
rule are divorce between a same-nationality couple whose country, such as
America, has differing divorce laws from one state to another. In other countries,
people from different religious
backgrounds have separate laws. In this case, even if you are of the same
nationality, you cannot use the common law of your country.
Jurisdiction is given to a
Japanese court to hear and determine divorce if both parties have been
habitually residing in Japan. Since you both live in Japan for a long time, you
can file for divorce arbitration settlement with a family court here. Judicial
Japanese divorces will generally be recognized at home but it is advisable to
check with your embassy or consulate general to make sure.
[Answer]
The applicable law in divorce will be ①the law of your common residence
or ②of the country on which you have the most material bearing, since you
don’t have a common nationality. Because the habitual residence of you
and your spouse is in Japan, your matrimonial issues will be governed by
the Japanese law. Therefore, you can divorce though mutual consent, arbitration
or court ruling in accordance with Japanese law. For your divorce to be
recognized by the laws of both countries, you may have to take additional
steps with your own respective government authorities.