One of the most complicated issues in a divorce case can be the valuation and division of a family business. In some cases, there is a disagreement regarding which spouse should be awarded the business. Hence, there might be litigation regarding who should receive the business.
However, most of the litigation in an Orange County divorce will be regarding the value of the business and its cash flow. If there is an agreement as to who should get the business, the litigation will focus on the value of the business and its cash-flow. As with any area of law, there is room for interpretation and subjectivity resulting in more than one way to value a business. The spouse that will keep the business will generally want to pay as little for it as possible while the other spouse wants to maximize the value of the business.
This difference between spouses can result in each party hiring his or her own forensic accountant (sometimes a joint accountant is hired to save on fees). The forensic accountant will have to decide what method to use for valuation (depending on the type of business one method can be better than others) and the method to determine cash flow. Other considerations that affect the value of a business is whether the business in question is a C corporation or an S corporation. If its an S corporation, the forensic accountant must decide whether tax-affecting should be done.
Tax-affecting is the practice of subtracting income taxes from pretax income to arrive at a net income. Whether tax-affecting should be done or not can have a significant impact on the value of an S corporation and should be carefully considered. Any individual valuation a business should be asked regarding tax-affecting. If the evaluator or appraiser seems confused by this issue, one should consider choosing another expert.
Another issue that affects the value of a business is marketability or the lack of marketability. When a business cannot be readily sold in the open market, the value of the business should be discounted for lack of marketability.
Divorcing couples who have corporations should seek legal advise to make sure the business is properly appraised.
For more information, contact one of our knowledgeable and aggressive attorneys at 800-589-9901 or email@example.com.
You really can never tell what is going to happen in life. Unexpected events happen and often times, the best thing that you can do is adjust to deal with them. This also holds true sometimes with a marriage. If things have gone wrong, you probably did not expect it when you and your spouse first got married.
If things have gotten to a point where you do not think that they can recover, you might be wondering if it is time for an Orange County divorce. Deciding to end a marriage is not an easy choice and you have likely spent a great deal of time deciding what to do. Unfortunately, there really is not an easy answer to whether or not you should get an Orange County divorce. Only you and your spouse know the true details of your marriage and why things went wrong, so it will be a very personal decision if you decide that you should end things.
If you do decide to move forward with an Orange County divorce, you should know that there are resources available to help. Family law might be a benefit for you, especially if you and your spouse have children. Ending a marriage can be much more complicated if there are children involved, so family law can help a great deal in sorting through all of the processes involved.
It is not an easy decision to end a marriage, and you are probably wondering how you even got to the point of having to make that decision in the first place. If you do decide to move forward with ending things though, there are resources to make the process a little easier.
Marriage is not always about love and happiness. Sharing your life with another person can be extremely difficult and challenging. If things are not going as well as you had dreamed when you first entered into marriage, you may begin to think about your options for separating from your spouse.
If you are thinking about ending your marriage, or taking some time away from your spouse to sort things out, the thought of an Ontario legal separation may have come to mind. There are some things that you should know about an Ontario legal separation however. Many people are under the assumption that an Ontario legal separation is basically a break from their marriage to think things over and have some time alone. However, this is not the case. An Ontario legal separation is much like a divorce settlement. The separation process goes much the same as a divorce hearing, only, at the end of the process, you will still be married. With this knowledge, many people then ask what the point of a separation is.
There are many reasons why spouses choose an Ontario legal separation over a divorce. Religion often plays a big part in the decision. If it is against the religion of a couple to end their marriage, but they can no longer handle being together, they may opt for the separation. Another reason why the separation is chosen is if a spouse is in need of medical care, but they would lose their health insurance if they ended their marriage.
A marriage is a very sacred bond that can truly only be understood by the spouses that are in it. Marriage is often entered into by two people that are full of love for each other and who have every confidence that their love will last the course of their lives. Unfortunately, this is not always the case. Love can fade and people can change, and if this happens, many spouses decide to call it quits.
It is up to the couple to decide when it is time to move forward with an Orange County divorce. Ending a marriage is a big decision and one that is often not entered into lightly. There are many processes that come along with an Orange County divorce, and spouses often spend a great deal of time preparing for those processes. Family law can be a valuable asset in the process of an Orange County divorce. Family law can familiarize spouses with what to expect during the process of ending their marriage and how to prepare themselves for the undertaking. Family law can also help a spouse come out ahead in their Orange County divorce battle.
Couples often ask others when they think the best time to end their marriage would be. This is a very private decision that really only the spouses can determine when the best time is. If things have not been going well in a marriage, some couples take a break for a while to see if that will help. Others seek professional guidance to resolve their marital problems, and others opt for an Orange County divorce. Again, really only the spouses can determine which is the right option for their situation.
Choosing to end their marriage and separate their lives can be a very difficult process for couples to go through.There are many processes involved with the decision, not to mention the range of emotions that can surface.
One of the most difficult parts of a California divorce for a couple can be the division of marital assets.This can be especially true if the couple has a large amount of property that both spouses have a connection to.One of the main questions that spouses normally have during the division of marital assets is who will come out ahead.This is where the answer often becomes a little murky during the California divorce settlement because the state operates using community property rulings in the division of marital assets.While family law can provide spouses with the full explanation and detail of what the term means, basically it means that all of the property that the couple acquired during their marriage will be split down the middle, with half going to each spouse.There are still gray areas in the division of marital assets cases and this is also where family law can be an asset.Family law will also know what the gray areas are and how spouses can utilize them.
A few gray areas in the division of marital assets are which half will a particular spouse be awarded and what is done with property that was acquired by a spouse before the marriage or that was purchased using separate funds during marriage.
There is no set of circumstances that ultimately leads to the end of a marriage. Reasons why a couple decides to end their marriage are as unique as the couple is, so it is hard to generalize what specifically will lead to that decision.
Although it is hard to generalize what circumstances lead to an Orange County divorce, it is possible to give examples of what has lead some people to that decision. Some couples report that it was their growing apart that led to their Orange County divorce. They state that over time they changed as individuals and began finding it harder and harder to relate with one another. When this happened to them, they realized that each spouses wanted something different from life so they parted ways and ended their marriage.
Other couples report that an act of infidelity was what ultimately led to their Orange County divorce. While some couples are able to move on from an act of infidelity and remain married, others find that they are incapable of moving on and find that the only option is an Orange County divorce. No matter what the reason for the Orange County divorce is, family law can be a valuable asset for couples to employ when going through it. Family law recognizes the difficult processes involved and has the experience to guide couples through. Family law can also be valuable in informing couples on what processes are typically involved in Orange County divorce and how to prepare for them.
No one wants to think that their marriage could be the one that someday fails. They hope that the love with their spouse will be the kind that lasts forever. Hopefully your marriage is the one that lasts and you and your spouse’s love will last through your old age, but if it doesn’t, have you safeguarded your assets and interests?
In the unfortunate event that your marriage ends in divorce, do you know how things would turn out for you in the division of marital assets? California exercises community property laws, meaning that in a divorce settlement, all property obtained during the marriage is divided in half between the spouses. Almost everything California spouses obtain during marriage is considered marital property: the home, vehicles, and non-tangible things such as retirement benefits and debt. California assets that existed prior to the marriage then usually remain with the respective spouse.
Although it may be unbearable to think about your marriage ending in divorce, there are things you can do to safeguard your property in case this does happen. Some people keep records proving which items they brought into the marriage, so that in a settlement they can prove that it is private property and therefore should be awarded to them. If you and your spouse use separate funds for some purchases, you could also keep a record of what you buy with your funds because this can also help prove it is your property and thus could be awarded to you in a divorce settlement.