1. Getting Divorced.  If either party wants to get divorced, and can show that there are irreconcilable differences between the parties, then the court will grant the divorce.  The courts will not force anyone to be married, so this is never a big issue in a divorce case.

2. Children Related Issues. If the parties have children, a custody/parenting plan has to be developed, and child support has to be addressed. 

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  • Parenting Plan. The parenting plan can be one of the most difficult issues of a divorce, especially for business owners and business leaders due to the time demands of the business, which be even more difficult if the other parent is not working.  To ensure that a parenting plan is designed to be in the best interest of the children, while ensuring that the business is not sacrificed, the Divorce Lawyer should take the time to understand: 1) the business owner or leader (including how he/she spends her days); 2) the children (including, their schedules, their ages and developmental life cycle stages, and interests), and 3) the divorcing spouse (to understand his/her jobs, pains, gains, aspirations, motivations, wants and needs).  Private Corporate Counsel’s Divorce Lawyers are especially equipped to understand these issues and use this understanding to draft a parenting plan that is in the best interest of the children.
• • Child Support. Child support is based on the income of the parties, the expenses related to the children, and the parenting plan that details the timesharing schedule of the parents and any necessary child care of the children.  For 1099 or W-2 workers, working a regular 9-5 job, this is a relatively simple calculation. However, for a business owner, or a business leader whose work demands are more extensive, the analysis is more complicated.  Private Corporate Counsel Divorce Lawyers work with the Firm’s Business Lawyers and Consultants to ensure that the unique scheduling issues and that the business issues are addressed in determining the correct amount of income to be used so that an over-inflated amount is not used which could unfairly raise child support payments.

3. Distribution of Assets and Allocation of Liabilities. The Court is required to distribute the parties’ assets and allocate their liabilities in a divorce case.  When a business is involved, this can be a complicated process since the business may have to be valued, and there are opportunities to either overstate or understate the businesses’ assets, liabilities, cash flow, and the owner’s income. Private Corporate Counsel Divorce Lawyers work with the Firm’s Business Lawyers and Consultants to ensure that there is a fair valuation, and that all of the relevant information is gathered and analyzed.  This is critical when the business owner wants to keep the business and ensure that he/she has the resources to continue to successfully operate the business after the divorce. This can be accomplished using a number of practical legal, negotiation and business strategies, which can only be developed if you have the right professionals on your team.

4. Alimony.  Alimony is based on the need of one party and the ability of the other party to pay.   How the marital property and liabilities are distributed and allocated will impact how much, if any, alimony is awarded. For 1099 or W-2 workers, working a regular 9-5 job, this is a relatively simple analysis.  However, for a business owner, this can be one of the most difficult analysis because a business may fluctuate from profit to loss in any given year, and there are many opportunities to argue that the owner is making more income that is being reported.  Private Corporate Counsel Divorce Lawyers work with the Firm’s Business Lawyers and Consultants to ensure that there is a fair analysis of the true income. This ensures that the business owner is not unfairly forced to pay alimony when it is not warranted, or pay more alimony than is reasonable based on the actual income.

5. Attorneys’ Fees.  Like alimony, the determination of who pays the attorneys’ fees in a divorce case is based on one party’s need and the other party’s ability to pay. In addition, how the marital property and liabilities are distributed and allocated may impact if and how fees have to be paid and by whom.  Private Corporate Counsel Divorce Lawyers work with the Firm’s Business Lawyers and Consultants to ensure that there is a fair analysis of the need and ability to pay when it comes to important issues such as paying the other party’s attorney’s fees. This ensures that the business owner is not unfairly forced to pay the other party’s attorneys’ fees and costs when it is not warranted, or being ordered to pay more fees than is reasonable based on the actual facts.

If your business is a member of Private Corporate Counsel’s coaching program, you qualify for a 10% discount on your divorce legal fees. This can be a significant savings for you depending on how complicated your divorce case is.