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International property division battles difficult in Ohio

As we have discussed before, many couples find that the division of property is among the most contentious areas in Ohio divorces. This can be especially true in cases where one of the spouses is a non-citizen of our country. In fact, one authority claims that if the property at issue is located in another country, the local spouse may have difficulty gaining an equitable property division agreement in a divorce.

Property division is difficult for many couples in Ohio because each spouse has an interest in the assets that the couple has obtained over the course of a marriage. Businesses, family homes, investments and household furnishings are just a few of the items of property at issue. But for international couples, the division can be more challenging due to competing laws.

In fact, an authority asserts that one of the most important factors in a divorce between citizens of foreign countries is to file the petition in our country before the soon-to-be former spouse files in their homeland. This is especially the case if a spouse is from a less developed country or one that is less favorable to certain rights. This is the case in some Middle East and North African countries for women.

Regardless of the home residence of the spouses, there are many difficult issues to be decided in a divorce. When property division is at issue, ensuring that the ownership of property is well-established or engaging in pre-divorce negotiations can help to limit the chance that such a division will be unfair to the non-resident spouse. Such preparations can be a benefit if the marriage ends in a divorce.

Source: Reuters, "Divorce in two countries is double the trouble," Geoff Williams, Oct. 24, 2012

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