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Common Issues Franchisors Face When Franchisees Divorce

By John L. Collar, Jr. and Brooke M. French

While the marital status of a franchisee may seem unimportant to most franchisors, with nearly 50% of all first marriages ending in divorce (and higher for second and subsequent marriages), it is inevitable that a franchisor will be asked at some point, on some level, to become involved in the divorce of a franchisee. Handling the issues that arise can ensure that the specific franchise unit(s) owned by the divorcing parties continue to thrive and that the brand is not damaged.

Discovery motions are typically the first area in which a franchisee's divorce will affect a franchisor. Divorce litigation involves discovering and obtaining many pieces of information regarding the assets, debts and income accumulated during a marriage. When the ownership and value of a franchise are involved in a divorce, the franchisor may be called upon for a variety of reasons, including producing information and documents associated with the franchise.

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