Navigating Divorce as a Business Owner: Expert Legal Services for Protecting Your Business and Future
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If you're a business owner going through a divorce, more is at issue than just assets: there's your business, livelihood, and future financial security.
Our law firm specializes in the comprehensive legal service provision a person like you may want for self-employed divorce, which has to be approached in a strategic and expert manner.
Here's how we can safeguard your business and ensure a reasonable resolution that provides security for your future:
When you choose us, you can expect:
We know how personal and impactful family law issues can be. That’s why we’re committed to:
If you’re in need of caring, compassionate help with your divorce or family law case in Murrieta, CA, we’re here for you. Contact us to start the conversation.
Divorces involving business assets are specialized. We have a understanding that a business can't be valued by simply reviewing tax returns.
It involves detailed financial analysis, considering factors such as your business’s income, assets, liabilities, and growth potential.
California courts use various methods to determine what portion of your business should be considered marital property, including the Pereira and Van Camp methods.
Our expertise will ensure that your business is properly valued to effect an equitable division of the assets.
We also consider the subtlety of how business is owned: whether you operate as a sole proprietor, partner, or corporation, we approach your matter with care to limit and avoid any potential disturbance to your business structure.
Assessment of income for self-employed individuals is a lot more complicated compared to salaried employees.
More importantly, the courts look beyond your gross income to how much money is actually available for support payments after taking into account business expenses, taxes, and allowable deductions.
We do this by working closely with certified financial experts to accurately determine your income so that you are not burdened with an unjust spousal or child support obligation.
Beyond an asset, your business is your life's labor. We customize divorce tactics to safeguard your business.
This can include negotiating a buyout, arranging settlements to retain full ownership, and creating agreements that minimize business cash flow impact.
We want to help you run your business smoothly while getting a fair and satisfactory result.
In many cases, uncovering the full scope of a business’s assets and income requires a thorough discovery process.
We are experienced in using legal tools like subpoenas and forensic accounting to ensure that all financial details are revealed.
Whether your spouse is hiding assets or underreporting income, we’ll uncover the truth to ensure a fair division of assets and accurate support calculations.
This transparency is key to achieving a fair outcome, particularly when complex business finances are involved.
One of the common issues in divorces involving businesses is that both parties may have unrealistic expectations regarding the business’s value.
You might lowball the value of your company to preserve it, while your spouse might inflate its value to get a higher percentage.
We work around these competing expectations by relying upon expert third-party valuations. This ensures that the apportionment of your business is representative of its actual value, minimizing conflict and allowing you to move forward.
In California, you typically won’t "lose" your entire business in a divorce, but you may be required to compensate your spouse for their share of the business if it’s deemed community property. This compensation could involve:
The court will consider the value of the business and whether the other spouse has an interest in the company when determining what happens. It’s important to hire an expert business appraiser to ensure an accurate valuation is made during the divorce process.
Selling a business before a divorce in California can be complex and may raise legal issues if done with the intent to hide or deplete marital assets. If the court finds that the sale was done to reduce the value of marital property, they may order that the proceeds be included in the property division.
Before selling a business, it’s advisable to:
If you’re contemplating selling your business, it’s crucial to be transparent about it during divorce proceedings.
Selling a business during a divorce in California is possible, but there are legal requirements that must be followed.
Because the business could be considered community property, both spouses may need to agree on the sale, and the court may need to approve it. Additionally, the proceeds from the sale will typically be subject to division as part of the marital assets.
If you want to sell a business during divorce, ensure that:
Consult with both your divorce attorney and a business attorney to avoid any legal pitfalls that could complicate the divorce process.
In California, which is a community property state, your spouse could be entitled to half the value of your business if it was started or grew significantly during the marriage. However, it doesn’t mean your spouse will take ownership of the business. Instead, the court will determine the fair market value of the business and may award your spouse a financial share of that value.
To protect your business:
If the business is considered separate property (for example, if it was started before the marriage and remained untouched by community resources), your spouse may not be entitled to a portion of it.
While our philosophy is to resolve disputes through negotiation, we are always fully prepared for court if this is what is required.
We have an abundance of experience in negotiating and litigating divorce settlements that can protect your interests, wherever the divorce may lead.
Whether it is negotiating complicated settlements that involve future business profits or zealously advocating in the courtroom, we are prepared to protect your business and preserve your future.
Our firm handles more than simply divorces; we also specialize in safeguarding business owners throughout the process. What genuinely distinguishes us is our experience, strategic thinking, and dedication to your financial well-being.
We work closely with financial experts, tax professionals, and valuation specialists to protect all aspects of your business and financial life during the divorce process.
From the initial consultation to the final settlement, we are with you every step of the way. That is why we ensure that you not only obtain the legal skills and strategic guidance needed to manage your divorce, but that you do so in a way that protects your business and future.
Contact us immediately to schedule a consultation and begin safeguarding your business and future.
27307 Via Industria
Temecula, CA 92590