Charlotte Business Valuation Lawyer

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Understanding Business Valuation for Property Division in Divorce

A divorce is more than just ending a marriage. It is also a formal legal process of dividing ownership of the divorcing spouses’ marital property. “Marital property” includes any assets or liabilities acquired during the marriage by either spouse. It is also possible for each spouse to have their own separate property that will not be divided in divorce. Business valuation is a crucial step in the divorce process for any business owner in the state.

Your business may be considered marital property if you started and ran the business while married. Whether or not your spouse actively contributed to the operation may not matter; if their contributions to your marriage allowed you to continue running the business or if they helped you start the business, this is typically enough for the court to consider the business as a marital asset, and thus subject to property division in divorce.

Before property division can unfold in earnest in any divorce, both of the divorcing spouses must submit a financial disclosure statement. This is a complete and accurate record of their finances, showing what property they own, what debts they owe when they acquire certain assets, and their cash flow during their marriage. It is imperative that your financial disclosure statement is complete and accurate.

If you do not provide an accurate financial disclosure statement, it can be a lengthy and expensive process to resolve this issue so the property division can proceed. If it is discovered that a divorcing spouse intentionally hid assets or they were untruthful in their financial disclosure statement, they can face contempt of court as well as other penalties, such as being responsible for the other spouse’s additional legal expenses incurred due to their obfuscation.

Business valuation can be one of the most challenging aspects of property division in a divorce due to the inherently complex nature of business ownership and assessment of a business’s operating expenses and income. If you and your spouse jointly ran the business, this can also present a challenge as one or both of you may be unwilling to continue in this manner after your divorce. You may need to sell the business or one of you will need to buy out the other’s share.

Regardless of how you intend to resolve property ownership in divorce, business valuation is a crucial step in this process to ensure the business is accurately valued and property is then divided as fairly as possible. Plumides, Romano & Johnson, PC, can provide the support you need to complete the business valuation process as efficiently as possible so you can resolve your divorce quickly.

What to Expect From Your Charlotte Business Valuation Lawyer

Plumides, Romano & Johnson, PC, has the professional resources, experience, and skills necessary to address all of the issues you must resolve to complete your divorce in Charlotte. While business valuation is likely to be one of your primary concerns as a business owner, this is not the only issue you may need to resolve. You must also assess your other financial assets and liabilities, and you may also need to prepare for child custody and support determination.

We develop a client-focused strategy for every person we represent in divorce proceedings. While most divorce cases will follow the same general framework and must abide by state statutes, every case is unique, and every client will have different needs and concerns when it comes to resolving their divorce as efficiently as possible. Business owners have additional concerns when it comes to preserving the future of their operations.

Whether your goal is to maintain control over your business after divorce or you plan to liquidate and divide the proceeds in property division, we can help you accurately value your business so you can have peace of mind for this difficult aspect of your divorce. You can also rely on our team to create a strategy that addresses all other aspects of your case, such as child custody, child support, and alimony.

FAQs

    Q: What Does Business Valuation Cost in Charlotte?

    A: The cost of business valuation in Charlotte depends on several factors. If you choose Plumides, Romano & Johnson, PC, to handle this issue for you, we can also assist with all other aspects of your divorce. This means the cost of business valuation will be rolled into the overall cost of your legal fees for resolving your divorce, and it is more efficient to have the same attorney handle business valuation as the rest of your case.

    Q: Do I Need to Sell My Business if I Divorce?

    A: You may need to sell your business in divorce, but it is also possible to keep the business or buy out your spouse from their share of the ownership. Ultimately, the optimal outcome to this issue for your divorce will depend on your needs and goals, and while it is possible to keep a business if you desire, this may not be a viable option, depending on the specific details of your unique case.

    Q: Does My Business Count as Marital Property in Divorce?

    A: Your business may count as marital property in divorce depending on when and how you started the business and your spouse’s level of involvement in the business. If you owned the business prior to marriage and your spouse was not involved, it’s possible to argue that it is your separate property, but the income you earned during the marriage will be marital property. Your attorney can address this issue based on the specific details of your situation.

    Q: What Is Equitable Distribution in a Divorce?

    A: In a North Carolina divorce, property division unfolds according to the state’s equitable distribution law, meaning the court aims for the fairest possible division of marital assets in a divorce case. This does not, however, mean that each spouse will receive an exactly equal share of the marital property listed in the divorce. Many factors require consideration when it comes to dividing marital property in an equitable distribution state.

    Q: Why Should I Hire a Charlotte Business Valuation Lawyer?

    A: You should hire a Charlotte business valuation lawyer because this is one of the most important aspects of your divorce if you are a business owner. The right attorney can help you accurately value your business, address any disputes pertaining to property division, and ultimately assist you in reaching the optimal outcome when it comes to resolving property division disputes in your case.

    Plumides, Romano & Johnson, PC, can provide comprehensive legal support for all aspects of your impending divorce, including business valuation. We know the unique challenges that business owners face when it comes to divorce in the state and how to overcome them efficiently. It’s important to secure legal counsel you can trust as soon as possible, so contact us today to schedule a consultation with a Charlotte business valuation lawyer you can trust

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