Can I divorce if spouse's whereabouts unknown?

What the Law Says

Japanese law allows divorce by court judgment when a spouse’s whereabouts are unknown, provided statutory conditions are met. The Civil Code sets the grounds, and the Rules of Civil Procedure govern how to proceed when the defendant cannot be located.

Under Article 770 of the Civil Code, divorce may be granted by court judgment if there is 'a serious reason making it difficult to continue the marriage.' A spouse’s prolonged absence or unknown whereabouts — especially after efforts to locate them — may satisfy this condition.

When the spouse’s address is unknown, the court applies 'public notice' (kōshi) under Article 59 of the Rules of Civil Procedure. This involves publishing the summons in the Official Gazette for at least two months, after which the case proceeds as if the spouse were served.

Before filing, you must generally show that you have been separated for at least six months, though no fixed duration is strictly mandated — courts consider the totality of circumstances, including efforts made to locate the spouse.

Statutory Text

A husband and wife may divorce by agreement. If they cannot reach agreement, either party may institute proceedings for divorce.

— Civil Code, Art. 763 — Divorce by Agreement and Judicial Divorce

Statutory Text

The causes for divorce are: (i) infidelity; (ii) malicious abandonment; (iii) uncertainty of life or death for three years or more; (iv) severe mental illness with no prospect of recovery; or (v) other serious reasons making continuation of the marriage difficult.

— Civil Code, Art. 770 — Grounds for Divorce

Statutory Text

If the domicile or residence of the person to be served is unknown, service may be effected by public notice in the Official Gazette.

— Rules of Civil Procedure, Art. 59 — Service by Public Notice

What to Do

Sources