Business Division in a Divorce

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Business division in a divorce is an issue which comes up with many challenges. The parties separating can fail to agree on many aspects. In order to get the issue solved to your satisfaction, you need to hire a family lawyer who understands how the process is handed. There are many options which can come into play when in the court of law trying to divide your business. Among the options available include:

The business is awarded to a spouse who has greater involvement

The court of law will assess the evidence available and award the business to the spouse who tends to have greater involvement in the business. The other spouse who has less contribution towards the business will be compensated accordingly. The compensation will be based on the level of involvement of the two spouses.

The business may be sold

In some cases, the court will study the claims from each party and decide to sell the business. The business will be sold and the proceeds will be shared among the spouses basing on their contribution. This is a situation which the family court can adopt if letting the business with one of the spouses will fail to meet different needs which may have been legitimately demanded by the spouses.

The business can be jointly operated after divorce

In rare occasions, the business can be jointly operated by the parties after separation. The court will have to assess the two options and decide whether letting the business to be run by both parties will be practical. The two parties should demonstrate to the court that they are willing to have the business running while they relate as business partners.

Valuation and Compensation after Divorce

After the court awards the business to one party, who was more involved in the business, the issue of compensating the other party rises. In this case, the court will have to get reports from a qualified financial expert who will assess the value of the business assets so that the court will compensate the other party accordingly to his or her contribution.

Sharing Business Assets in a Divorce

The court can decide to allow the parties involved continue to jointly run the business. In such a case, both the parties involved should demonstrate to the court that they are necessary for the running of the business. If any spouse will ask for the division of the assets, the court will deny option of jointly running the business venture after divorce.

Rules to Make Joint Child Custody Work

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There are specific rules you can follow and make shared child custody work very well for your ex, your kids and you. Different experts who have been in the situation have come up with clear rules which can be followed to make shared child custody successful. Here are some of the rules to make joint child custody work:

1. Speak no evil

Always avoid speaking evil about your ex-partner because the children will end up internalizing it. Remember children are made out of both of you and your ex.

2. It’s not about you

Divorce was about you, but the custody is for the well-being of the children. Always focus on what is best for the children.

3. Be realistic about your own schedule and commitments

Try to figure custody as a business arrangement. Remove all emotion and it will work well for you.

4. Choose a custody arrangement that accommodates your children’s ages, activities, and needs

For the custody to work, always base it on the children’s age, family schedule, career and social commitment of the parents, academic and extracurricular activities of the children and child are arrangement.

5. A bad spouse doesn’t equal a bad parent

Even if the spouse is bad, he or she can make a good parent. Be prepared to allow the ex to spend time with children and show them the love they need from parents. You will create unnecessary anxiety in children if you will start putting restrictions on how they can relate with your ex.

6. Find an agreeable way to communicate

For the arrangement to work, communication is key. There are several approaches you can use to communicate. For example, you can agree on cellphones, Google calendars, texting, emailing among other methods. Always decide on a method which both the parents will be comfortable.

7. Pick your battles

Parenting is hard. It is even more complex if you will be involved in co-parenting. Conflicts will arise but you should be rational so that you will avoid the conflicts from escalating to an extent where they will affect the well-being of your children.

8. Let your child feel heard

Try to allow the children express their feelings. This will make it easy for you to know what works well for your children.

9. From time to time, review the arrangement and adjust as needed

With time you will realize some arrangements are not working well, you can adjust to make the arrangement suitable for all the parties involved.

 

Tips for Preventing Discord from Shared Custody During Summer

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Although the court may order a schedule for an estranged couple or the couple may agree to share custody as part of their settlement agreement, the majority of the parents hardly ever stick to them. Often one or both of the parents may request and in most cases demand a change in the schedule agreed-upon, particularly during the summer break.

Notably, for most children, summer break is the time they anticipate for during the school year since it forms the routine of giving them a chance to have fun, relax and have great memories with their families. For this reason, the plans for the summer custody can get quite obscured for the divorced parents. However, this may not be a problem when the parents get along reasonably well. Conversely, for the estranged couple who cannot stay on track with a well-ordered plan, here are the five tips to avoid disagreement while sharing the children’s custody over the summer:

1. Be a good role model

Ideally, the parents should show the children that you posses’ excellent skill when it comes to conflict negotiations. To that end, you should act like an adult when you feel the need to request adjustments to the custody agreement. This means that they should handle the problem without ever having the children involved. Failure to do will mean that not only will the other parent observe that the other one is using the kids to manipulate the circumstances, but it will be awkward and uncomfortable for the children to ask for a change. The parent should always remember that their method of handling any uneasy position is at all times a teachable moment for their kids.

2. Give to get

When one parent wishes to diverge from the schedule of the custody, it is okay at some future date for the other parent to use this as a chip for bargaining. Therefore, both the parents should position their preparedness to work together, but that they both expect the same in return.

3. Plan ahead  

Since it is not always easy to schedule vacations in advance, the divorced parents should give each other as much notice as they can. It should be noted that kids do not prosper in a chaotic environment. The parents should remember that each of them has their schedules to arrange, and it can get complicated on short notice, particularly if they have other partners or children.

4. Plan for some activities 

When the kids are with one parent, it will be helpful if the other parent plans some fun activities such as a spa trip or lining up movies to watch so as to avoid the letdown feeling from developing.

5. Remain Flexible

Parents should bear in mind that being flexible all through the summer will allow them consideration when they wish to make their scheduling requests. For instance, a family may agree that the children will take an extended vacation with one parent this summer, and the following season the other parent will have the opportunity to go with them to another long trip.

 

 

Considerations for Starting a Small Business

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When looking to start a small business in Orange, you want to make sure to familiarize yourself with the basics of business law in order to choose the best kind of entity.

The central components of corporation and business law include commercial enterprises carried for profit, as compared to an entity whose purpose is not to make money, a non-profit.

The simplest form of commercial enterprise in American Law is a sole proprietorship. In a sole proprietorship a single person owns all assets, is responsible for all liabilities, and personally runs and operates the business, they are in charge of and responsible for all aspects of the company.

A partnership involves two people working jointly to run, operate, and profit from a business. They are also both legally responsible for the company.

A corporation usually has the distinction of being treated as a single entity, separate from its stakeholders, when participating in any legal action. This means shareholders who own certain rights will not be treated as liable in any legal actions taken.

Corporations and business entities must be organized and operated in accordance with the state law. In the fields of taxation and business regulation, federal law is also important. All corporations and business entities must follow both state and federal law, dealing with taxes and other regulations.

On the other hand, non-profits are companies and businesses whose sole purpose Is not to make money, but to contribute to some positive cause. Because of this they do not have to act in the same sort of accordance with the law as for-profit businesses. For example, a lot of non-profits are tax-exempt. Although they are treated differently, non-profits are still regulated and help up to standards by state and federal law.

Limited Liability companies and partnerships have a lot of similarities of sole proprietorship, partnership, and corporations. However, limited liability companies and partnerships are different I the sense that they have “limited liability and management” with their partners, members, and managers. These kinds of businesses are authorized in most states.

Choosing the best entity for your new business involves a lot of consideration of both legal and business questions. Most businesses use lawyers, accountants, and entrepreneurs to handle these matters appropriately, effectively, and efficiently. And in addition, this outside help can be beneficial in the long-run conduct and operation of commercial enterprises and corporations of any type.

The excitement, innovation, and rush of starting a new business can be so overwhelming and consuming, but it is important to take the time to consider these simple decisions that will greatly affect your relations and dealings with business law. If you are looking to start a business in Orange, or anywhere, make sure you look into getting a business attorney to help you efficiently throughout the process.

Litigating With Subpoenas

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Subpoenas are an essential litigation tool used by attorneys to ensure that they have all of the information that is available. The intent of a subpoena is to get information that could have an impact on the outcome of a trial, but which an attorney would not want to disclose voluntarily. Often, subpoenas will result in the disclosure of information that can result in a settlement before the trial begins. Subpoenas can lead to a better understanding of the other side’s case with a legal search. Thus, the attorney for the party that might look culpable if the information were to be disclosed will now provide this information with a subpoena specifically requesting the information.

Subpoenas offer attorneys a chance to get information that will help prove or disprove their client’s case. Criminal defense attorneys use subpoenas to obtain witness or lay opinions that could cast serious doubt on the guilt of their clients. Information on how evidence was handled in a DUI case could be vital in putting up a proper defense.

Attorneys in civil cases will use subpoenas to get information that may result in resolving the claim without a trial, or at the least, will give an advantage in the trial to the side that was favored by the material subpoenaed.

Using the power of the subpoena requires an understanding of what a subpoena can do, and about how to get a subpoena issued. The reasons for requesting a subpoena must be established in the motion requesting it. Care must be exercised to avoid the errors often found in a request for a subpoena. The constitutional grounds for requesting a subpoena must be honored, or the request will be denied.

Subpoenas are issued by the court which has jurisdiction over the case. Every court has procedures for issuing subpoenas, and they will expect these to be followed. Courts will also stipulate how the subpoena must be served upon the person who is expected to respond.

Subpoenas must be specific in requesting information, or the judge may deny the request; subpoenas cannot be used as a witch hunt.

Subpoenas are formal legal commands and they should be taken seriously. Failure to comply with a subpoena can lead to contempt of court charges, which may ultimately lead to financial penalties and cause harm to the case you have been asked to help with.

Breach Of Fiduciary Duty Claims – How To Avoid Them and How To Resolve Them

What Is A Breach Of Fiduciary Claim?

A breach of fiduciary duty claim arises when a person who is trusted to handle certain affairs according to a prescribed agreement fails to do so. This is just one element of a claim; it is also necessary to prove that the fiduciary’s actions were contrary to the interests of the person for whom the fiduciary has responsibility. Another element of a breach of fiduciary claim stems from the failure of the fiduciary to provide their best efforts in protecting the interests of the person they have agreed to serve.

Although this is an overview of the fiduciary’s responsibility, it does capture the essence of a fiduciary’s responsibilities. Therefore, it is essential that the person who agrees to accept fiduciary responsibility fully understands the responsibilities, and these should be clearly stated in a written document. Courts at every level have ruled that a fiduciary is held to a high standard of ethical conduct, the highest standard of honesty, and they must avoid even the appearance of obtaining a personal benefit at the expense of the person for whom they are acting.

However, courts have ruled that the fiduciary must exercise all of the skill, diligence, and care at their disposal. Some legal experts suggest that this can be a problem for a fiduciary because these requirements are open to broad interpretation. However, the quality of the fiduciary agreement can greatly reduce this problem.

Actions You Can Take If You Believe You Have A Claim Against A Fiduciary

First, it is easier to prove a breach because fraud is not an essential element required to support the claim. You only need to show that the fiduciary could have taken advantage of their position for their own personal gain, and that they did so.

Simply stated, a breach of fiduciary duty occurs when the fiduciary acts in their interest rather than your interest. A fiduciary cannot obtain personal benefit by the unauthorized use of your assets. A fiduciary cannot subordinate your interests to their interests.

Our attorneys have the experience and the skill to resolve a breach of fiduciary duty claim. We can negotiate a resolution or we can litigate the matter.

Actions You Can Take To Avoid Breaches of Fiduciary Claims

The first action should be to ensure that the expectations of the fiduciary are clearly set forth and understood. This should occur in a written document that is thoroughly discussed between all parties.

The second step should be incorporating the fiduciary’s duties in the minutes of the Board of Directors which will serve to document the expectations of the fiduciary and the acknowledgement of the fiduciary that they fully understand their duties.

 

What Are Your Spousal Support Options In A Divorce?

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The spousal support options in a divorce are defined by California law and further defined by applicable appellate court decisions which are considered to be precedents in this matter. The state law mandates that permanent spousal support be determined by a careful review of numerous factors, and the courts have substantial discretion in determining what these are. Thus, the courts have a lot of leeway in awarding alimony. Temporary support payments may be ordered if it is deemed necessary.

Considering the complexities of the law and the subsequent appellate decisions along with the numerous factors a court must consider, it is essential that you have the benefit of an attorney who is highly experienced in dealing with spousal support issues. The courts consider the financial position of the supporting spouse and the ability of the supported spouse to become self-supported. The earning capacity of each party to maintain the standard of living enjoyed during the marriage will be important considerations. This means that the courts will consider the ability of the supporting spouse to pay spousal support by reviewing the supporting spouse’s earning capability along with unearned income and assets.

The courts can consider other criteria in awarding spousal support that are focused on financial matters. One such example arises when the supported spouse made it financially possible for the supporting spouse to obtain an education or a license that resulted in a substantial earning capacity and a higher standard of living than would otherwise be obtained.

The needs of dependent children for a full-time parent will also be pivotal in the spousal support determination.

Courts have wide latitude in determining the length of spousal support. While the goal of spousal support is to enable the supported party to become self-supporting within a reasonable period, this period is usually considered to be one-half of the length of the marriage if the marriage is less than 10 years old. However, nothing in the law mandates this or any other duration. The courts have the discretion to order support for any length of time, but the courts most often use the guidelines that are set forth in case law precedents. California courts never favor lifetime support. The California appellate courts have held that the supported spouse is entitled to support only for the period that is required to become self-supporting. For marriages that lasted longer than years, the courts generally expect the supported spouse to become self-supporting as quickly as is reasonably feasible.

Spousal supports can be terminated or modified by seeking an order from the court. A thorough justification must be provided, and such a request can be objected to by the supported party.

The supporting party must understand that spousal support can last longer than is necessary if you are not proactive in presenting your side of the matter.

The Family Law Section at the VonEsch Law Firm can discuss your options regarding spousal support. Seeking the assistance of an attorney will be highly beneficial. Keep in mind that California courts only award spousal support in only about 15% of divorce and separation cases.

Breach Of Construction Contracts

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Parties involved in construction projects rely heavily on construction contracts to establish the terms of the agreement between the construction company and the project owners. Both parties are obligated to perform their commitment as it is set forth in the contract. A breach of contract occurs when either party fails to perform their responsibilities as provided for in the contract.

Often, an attorney with experience in construction contracts can negotiate a resolution of the breach. This process is most effective when the construction contract is written properly, meaning that it includes language that protects both parties and a means for resolving disputes short of litigation.

Hostilities that develop between the parties can often be prevented by the language of the contract that is very specific about the responsibilities of each party. Ambiguous contract language can lead to disputes.

However, regardless of the contract language, there are remedies provided by the law for breaches of the contract. Either party can sue for damages which are usually an amount of money that compensates for the financial loss resulting from the contract breach including delays that are a violation of the contract. A contract is breached when one party causes the other party to fail to achieve the results they were promised in the contract. While oral contracts can be enforced when breached, it is more difficult to do so than it is with written contracts. All construction contracts should be in writing.

Different types of damages may apply when a contract is breached, and the damages are provided by the legal remedies available to the breached party. Our office can advise you about which of the allowed damages will apply to your situation. California law provides for the appropriate compensation in cases of a breach of contract, but litigation filed in pursuit of damages must specify correctly the type of damages sought.

California law remedies do not include compelling the offending party to prevent a breach, but rather the law is aimed at providing relief to the party harmed to redress the breach. Since the law in this area is complex and several remedies can be available, an experienced construction contract law attorney should be involved in any effort to litigate the issues.

A statute of limitations applies to breach of contract lawsuits. This is the deadline for filing a lawsuit. The statute of limitations in California for a written contract is four years from the date the contract can be considered to be broken.

5 Things To Avoid When Going Through A Divorce

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It is normal to feel confused and overwhelmed when going through a divorce. Sometimes people make mistakes that cost time, money and their sanity. The usual stress level rises to an almost intolerable level. However, you can take steps to recognize the 5 things to avoid when going through a divorce. Avoiding these 5 things will help you to move on to the next phase of your life in better shape and not bitter or broken.

1. Avoid Failing To Look At The Big Picture

Apply the life lessons you learned about planning for your future. Don’t allow events to unfold and then react to them. This will make you feel helpless and like your life is spinning out of control. Instead, look at the big picture which is where you want to be six months and a year from now. Plan on taking the steps to get there. Look at some “what if” scenarios. Plan for contingencies and the worse-case scenarios. You will then be prepared for all events and especially the ugly ones.

2. Don’t Let Your Mind Be Ruled By Your Heart Or By Your Anger

Emotions should not be the basis for making decisions; logic should be. Divorce is a business transaction. Assets and debts have to be divided. This is what you have after you strip away the heartache, grief, anxiety and a feeling of being lost. Putting all of these feelings on the shelf is important. You cannot and should not minimize the good things you and your spouse had together, but these memories cannot control your planning.

You are experiencing a broken heart and a lot of anger. These emotions often just prolong the inevitable, and they run the bill up. Many of the emotions are based on an unrealistic belief that you can “win” the divorce. A divorce really doesn’t have a winner. Trying to be one only prolongs your chance to move on to a better life. Costly and bitter disputes yield nothing but lingering grief.

3. Letting Someone Else Decide For You

It can be easy to give up and let someone else make decisions for you. Of course, you need legal counsel, but ultimately it is you, not your friends or your attorney that has to live with the decisions made. Divorce professionals working for you is good, but seeking the wisdom of a group can be bad.

4. Failing To Educate Yourself

If you educate yourself about the divorce process and the personal feelings involved, you will feel much better equipped to deal with all of the issues.

5. Not taking time for yourself

Separation can be a lonely place to be, but so can a quick attachment that fails to meet your needs and probably their needs as well. Take time to find out who you are now, and who you want to be. You need to avoid further disappointment.

Defective Product Claims

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Product liability occurs when a manufacturer, distributor or retailer produces or sells defective products to the public that cause harm to a person. This is a general description of product liability, and the details about how product liability can be asserted follows.

If you have suffered injuries due to a defective product, then you have the right to file a product liability law suit against the manufacturer, distributor, or retailer. Keep in mind that filing a personal injury claim of this kind can be difficult because you must establish that some very specific factors regarding the product caused it to be defective. An attorney experienced in product liability claims can determine if these factors, known in legal terms as elements, existed:

> You have sustained an injury while the product was being used in a reasonably foreseeable way; and
> The product defect caused your injury.
> The product created an unreasonable hazard.
> Inadequate warnings or failures to warn are determined.
> A manufacturer markets an item knowing that it is going to be used without an inspection for defects and the item proves to have a defect that results in harm to a person.

You will not have a claim for damages if you were using a product in a careless manner. However, you might have a claim if you used a product in a way that was not specifically described in the product literature and you suffered an injury from doing so. This is a difficult claim to establish, but if the manufacturer did not warn against any specific usage, then you may be able to file a claim for damages. This is also a difficult claim to pursue, but we can discuss this and any other potential claim with you.

California has the strict liability rule which means that you do not have to prove that negligence in ensuring the safety of the product has caused your injury. This means that you only have to prove that your injury was caused by a product defect. While the strict liability rule is an easier standard to meet, it does not mean that a claim for damages will be met by less than an outright aggressive response from the defendant company. Product liability waters are difficult to navigate, but our attorneys are more than capable of meeting any challenge confronted in pursuit of your just compensation.

Every document pertaining to the injury should be retained along with photographs of the injury. Keep information about the product such as the instructions and the manual. Medical records are important. Keep in mind the statute of limitations allow one year to file your claim. The one year time line begins with the date you realize you have suffered an injury.