There are certain issues that can make the legal ending of a marriage in court more stressful than the average case. Getting a business divorce, for instance, means there are many issues partners must resolve before they can achieve a fair settlement. If a California couple has children, business issues might intersect with certain child-related matters. If one or both spouses have already executed estate plans, a divorce might prompt a need to change or update the plan.
The emotional aspect of a business divorce can also be challenging. It is difficult enough to be ending a personal relationship that, perhaps, has lasted more than a decade. Being in business with someone is a unique relationship dynamic as well, and it can cause sadness or loneliness when the partnership is dissolved.
Numerous issues determine what happens to a business in divorce. Every state has its own laws regarding property division. If spouses signed a prenuptial agreement pertaining to the business in question, it may affect asset division proceedings. Questions of whether one spouse will buy out the other or if spouses will continue to work together after divorce all must answered before the court can issue a final decree.
It is always best to learn as much as possible about California business divorce laws before heading to court. This is a community property state, which means marital property is typically split 50/50 between spouses, so it is especially important to understand whether a business will be considered marital property or separately owned. An experienced family law attorney can help answer such questions and can remain on hand to provide support if any legal complications arise during proceedings.