Ahmad v. Ahmad, 2001 Ohio App. LEXIS 5303 (2001) Court: Court of Appeals of Ohio, 6th Appellate District, Lucas County

Husband and Wife were married in Jordan in 1991. After they were married, the couple came to Ohio where they lived for the duration of their marriage. November 1998, the couple traveled to Jordan. The Husband filed for divorce on December 2, 1998. The Wife left Jordan on December 3 and returned to the U.S. On December 6, the Husband was granted the divorce, and he remarried two weeks later.

December 14, the Wife filed for divorce in Ohio. The Husband responded in March saying that the court in Ohio had no subject matter jurisdiction, because of the Jordanian divorce decree. The court ordered the Husband to pay spousal support. The Husband filed a motion to dismiss and was denied. The trial court ruled that the Jordanian divorce decree was valid regarding the couple’s marital status, in persuaded by the fact of the Husband’s remarriage. But, because the decree was silence on division of property and spousal support, giving the decree effect beyond the termination of the marriage would violate the public policy of Ohio. In further proceedings, the court ordered division of marital property including the couple’s residence, Husband’s pension, Wife’s student loans, and an apartment complex in the Husband’s name. The court also ordered the Husband to pay a majority of the Wife’s attorney fees.

The Husband appealed the trial court’s decision. On appeal, the appellate court affirmed the lower court’s ruling in favor of the Wife. The court saw no abuse in the lower court’s justification for jurisdiction: the couple was domiciled in Ohio, the Husband was a U.S. Citizen, and the Jordanian divorce violated the Wife’s due process and Ohio pubic policy. The court also saw no abuse in the trial court’s assessment and division of marital property, spousal support, and attorney fees.

History: Appeal for review was denied by the Supreme Court of Ohio.