Business Owners' Divorce
The Right Santa Rosa California Business Divorce Attorneys
Business Divorce Attorney in Santa Rosa, California
The end of a marriage or partnership can be one of the most challenging times in life. You not only face emotional turmoil but also must deal with the practical consequences involved in separating your marital property, assets, and debts. This is true in a divorce and if you were to dissolve an unincorporated business partnership – known as a “partnership” under California law. You may also face challenges such as dissolving or winding up business entities that require written operating agreements, such as limited liability companies (LLCs) or other types of partnerships.
By choosing our family law firm to represent you, you will have the experience of proven expertise of Santa Rosa Family Law attorneys at your side. With decades of combined experience in helping clients work through the business divorce process, Provencher & Flatt LLP can handle your enterprise divorce needs precisely. Let us use our years of experience to help you prepare the best course of action for your particular case and goals. Contact our firm at your earliest convenience to get started. We can help you get through this challenging time in your life with compassion and competence.
Why do I need a business divorce attorney in California?
It’s never easy to end a partnership with someone you’ve worked closely with, but it can be even more complicated when you’re a business owner, and your business partner is your spouse. The stakes are higher when the business is at risk of failing. If the partnership dissolves, who will get what? Will certain debts fall on one partner more than another? What happens if there’s a major asset that can’t be split in half?
The presence of an attorney can increase the likelihood of a more amicable separation of partners and prevent costly litigation. You may have decided to go through business divorce proceedings to get a fair resolution of your situation and need help from an attorney.
- You will have someone to represent your interests
- You can be assured that the business divorce process will be conducted according to the law.
- You can get a clear picture of your business assets
- You can protect your business identity
Provencher & Flatt LLP is a law firm that focuses on family law and business law. Our business owner divorce attorneys are dedicated to assisting our clients with all their needs, whether it be creating a will or handling a complex divorce case.
What divorce means for a business
Divorce cases can go in a friendly direction or take a turn for the worse. Sometimes, one spouse may want to hurt the other, even if it means breaking their business interests. During a divorce, if your business’s assets are used up or the goodwill you’ve built over time is hurt, it can be awful for you and your business financially. To stop this from happening, you must give your case to a good lawyer.
Protecting business assets is crucial in a divorce of this nature, and our team can assist you.
If you want to keep running your business after the divorce, it’s important to protect your reputation and that of your business. We do this by taking care of the divorce process so you can focus on your job and keep doing well. We also use every legal tool, like protective orders and asking for injunctive relief, to stop your soon-to-be-ex-spouse from spreading hurtful rumors or getting rid of company assets.
How is a divorce involving a business owner different?
When a business is part of a divorce, many people don’t understand exactly why special actions are needed. Although this is common, you should learn about all your options before deciding if divorce is the right choice for you.
Federal and state laws say that a business is an asset to its owner. After all, the company is supposed to be a source of revenue, and it has the potential to make its owner thousands of dollars. Since businesses are assets, they must be considered when divorcing couples divide their property.
This can be hard in a lot of ways:
- If the spouses of marriage are co-owners of the industry, the court must determine how to divide the business so that each spouse receives an equitable share.
- If only one spouse manages the business and the other is not concerned, the court must determine how to balance the capital asset with other marital assets. In the end, each side must get the same amount of assets. This means that if there is no clear way to divide assets, the spouse who runs the business could lose it.
- They may also have to work with their soon-to-be-ex-spouse to run the business, which can complicate things.
- In some situations, the owners of a business are forced to sell it and split the money to ensure that each party has an equal amount of assets.
Even a simple divorce can make things hard for the business. As the owner, you might be unable to get to your cash reserves during the divorce. This could make it hard for you to pay your staff members, vendors, and landowners. In general, the process is very complicated.
Problems that often arise in California divorce
In California, a family court can do more than end a couple’s marriage. In a “marriage dissolution” case, the court can also make a long list of other orders. During a divorce, spouses can ask for spousal support and pay for their attorney’s fees. This calls into question the parties’ income and, sometimes, their ability to make money. A spousal support lawyer can help people going through a divorce understand the issues that often arise, such as proving a spouse’s income from self-employment and putting a spouse’s income on them.
If the couple had children while married, the court would probably make orders about child custody, visitation, and child support. But if they have a child together after the divorce case is over, they can file a paternity action to figure out what rights and responsibilities they have to that child.
Suppose either party commits acts of domestic violence during the divorce process or the marriage. In that case, the other party can file a request for a domestic violence protection order in the divorce case. If either party violates a family court order that a contempt action can enforce, the contempt action can be filed in the divorce case.
Also, if child custody orders are made in the divorce case, and one party wants to change them later, the request would be made in the divorce case because the court has control over child custody until it is given up. In this case, you should talk to a custody modification attorney, parental alienation attorney, or family law attorney with experience in move-away requests to determine your rights.
California’s Same-Sex Divorce Laws
The laws of the state of California say that divorce is the lawful separation between two spouses and their community property, no matter what gender the spouses are. Because the laws in this area are newer, problems may arise when a same-sex couple wants to get divorced and their domestic partnership ends.
In California law, “same-sex divorce” doesn’t mean anything else. Our same-sex divorce lawyers have a lot of experience helping couples go through the family law system, regardless of gender or sexual orientation.
Child Custody and Business Owner Divorce
Whether you own a business with your spouse or on your own, if you have kids, your business may affect which parent the court gives custody to. If you’re the sole owner of your business and can keep it in the divorce, you may get less child custody because you’re too busy. Owning a business may make it seem like you don’t have time to see your children.
Even with shared custody, child support may be required. Use the extra money to support your children if your business is profitable. Even divorced parents without businesses must do this. Child support can affect your business and income even with a prenup or postnup.
Let our Santa Rosa Business Owner Divorce Attorneys Represent You!
Business owners should try their best to avoid divorce. However, when it becomes inevitable, they should seek the advice of qualified business owner divorce attorneys to assist them with the necessary paperwork and legal proceedings in the most suitable manner possible.
If you’re going through a business divorce, you don’t want to rush in and make mistakes. Seek out qualified Santa Rosa California business divorce attorneys at Provencher & Flatt LLP. We have handled cases ranging from simple divorces to complicated business owner divorces. Our experience has allowed us to develop unique methods for approaching these problems to get the best results for our clients.
Our philosophy is that every case is different and requires an individualized approach. We understand that each client has a different set of needs, and we work hard to ensure those needs are met according to the client’s specifications. If you are looking for a lawyer to represent your specific needs, we want to help you solve your legal problem in the most efficient way possible. Contact us today.
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