Foreign Spouse/Foreign divorce

I am an NC resident who is currently stationed in Japan. My wife and I have been separated for a year and five months now, and I want to try (again) to file for divorce. She is a Japanese national, and we are still living separately. The first time I tried to file using a divorce clinic her response challenged our separation date, saying that we had no intention of living separately after the year (if it matters, I was told I could count a year tour I served in Korea as the time separated…it was a few weeks after I arrived in Korea that things went south rapidly and I decided to stay apart from her). I am looking at using your firm to file again, and to hopefully get this situation resolved for good. I do have several questions though:

  1. If my wife were to not sign the service of process this time, would a certified mail delivery receipt (not sure the correct name) be sufficient?
  2. If my wife were to try to challenge the separation date again, would emails I sent her at the date I file for illustrating my desire to discontinue a relationship with her be sufficient to the court as proof of my intent on staying separated from her?
  3. Would a divorce in NC be recognized in Japan? I did a little research on the Apostile service. Would this be required in my case?
  4. The first time I filed, her attorney extended the hearing date by 30 days, on top of the 30 days she had to file a reponse. Is this the kind of thing she can do again? Can she have the hearing date extended indefinitely, and if so, is it preventable at all?

Yes, you may serve someone, and prove service by using certified mail.

If she contests the date of separation your emails could be used at a hearing to prove the actual date of separation (untimely the judge will decide based on all the evidence presented).

I cannot answer your question regarding Japanese law.

The opposing side may file for an extension of time to answer, but cannot continue the case indefinably.