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Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

How Hard is it to Divorce a Business Partner?

While divorcing your business partner is challenging, we offer some tips to guide you through the process.

Texas is dominated by small businesses, many of which are family operations. Spouses in these families are often business partners who may have worked together for years building their company and their clientele. Unfortunately, these couples are just as likely as any other to end up in divorce court. When they do, these cases can present some unique hurdles. If you are filing for divorce from a business partner, the same laws apply as in other divorce cases. However, maintaining your business and deciding how it will function in the future are likely to be your biggest challenges.

Deciding What Will Become of Your Business

When spouses who are business partners decide to file for a divorce, one of the biggest issues is deciding what will happen with their company. Under the Texas Statutes, any property that is earned or acquired over the course of your marriage is considered as equally belonging to both and will need to be divided during divorce proceedings. This includes your business. In this situation, you have three basic options:

  • One of the spouses buys out the other or trades assets or other marital property for the partner’s share;
  • You sell the business, divide whatever money is left, and part ways;
  • You continue to operate the business as partners, even after your divorce is finalized.

The third option is the least common, but there are couples who can make it work. There is a greater likelihood of either buying out your spouse or selling and starting over completely. In either of these scenarios, it is important to get an accurate valuation of your business. You want to pay close attention to its current value and what it is likely to be worth in the future before agreeing to any settlements.

Maintaining Your Business During Divorce Proceedings

Being a co-owner of a business with your spouse is likely to make getting a divorce a more difficult process. Negotiations and attending to technical details can be time-consuming, but maintaining your business needs to remain a priority.

According to the U.S. Small Business Administration, close to five million people work for small, private employers in Texas. For the sake of both your profits and your employees, follow these tips to reduce potential conflicts:

  • Avoid dragging your customers or workers into personal disputes with your spouse or asking them to take sides.
  • Learn to compartmentalize and keep your mind off the divorce and focused on business during working hours.
  • Avoid taking actions that could hurt your business as a way of getting back at your spouse.
  • Realize that how you handle this situation will likely impact your business reputation in the future.

Get Our Pearland, TX Divorce Attorney on Your Side

When dealing with divorce-related issues that could impact your current rights to businesses and your future financial security, get The Powell Law Firm on your side. To request a consultation, call or contact our Pearland, TX divorce attorney online today.

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What Our Clients
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  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)