What are statutory grounds for judicial divorce?

What the Law Says

Japan’s Civil Code sets strict, exhaustive grounds for judicial divorce — courts cannot grant divorce unless one of these statutory conditions is met and proven.

Judicial divorce in Japan is governed exclusively by Article 770 of the Civil Code. Unlike mutual consent divorce (kyōgi rikon), which requires no court involvement, judicial divorce (saiban rikon) must be based on one of five narrowly defined legal grounds.

The law does not allow divorce simply due to irreconcilable differences or breakdown of marriage. Each ground requires factual proof — for example, evidence of adultery, documented abandonment, or official records confirming disappearance.

The five grounds are: (1) adultery; (2) malicious abandonment; (3) unknown whereabouts for three years or more; (4) severe mental illness with no prospect of recovery and lasting at least one year; and (5) 'other serious reasons' making continuation of the marriage impossible — interpreted restrictively by courts.

Statutory Text

The husband or wife may petition for divorce on any of the following grounds: (i) adultery; (ii) malicious abandonment by the other party; (iii) the other party has been missing for three years or more; (iv) the other party suffers from severe mental disorder and there is no prospect of recovery; or (v) other serious reasons making it difficult to continue the marriage.

— Civil Code, Art. 770, para. 1

What to Do

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