Settlement Counsel in Family Law Cases

a family of three generations sitting and smiling outside family law

Divorce is never easy. Besides the emotional issues involved, one of the things that makes the process so difficult is the division of property between spouses. If you are a business owner or have private equity investments, your divorce may be even more complicated. The Dallas, Texas attorneys at Diamond McCarthy specialize in assisting high net worth individuals reach a favorable settlement in divorce matters.

Texas is a community property state. This means that all property acquired during a marriage is considered to belong to both spouses unless it falls into one of the designated exceptions. Therefore, under this rule, business interests or investments acquired during a marriage are considered marital property. When couples divorce, it must be decided how this property is divided. While your family law or matrimonial attorney works on issues such as child custody and support, the attorneys at Diamond McCarthy will work diligently to valuate your interests and come to a settlement agreement with your spouse.

In order to come to a settlement agreement, it must be determined which assets are marital property and how much these assets are worth. In the constantly changing economy, valuation of a business or investment can be confusing. Value can also fluctuate based on the characteristics of ownership and the marketability of the asset.  It is uncommon that divorcing spouses will agree to continue to own an asset jointly, so, in most cases, one spouse is bought out.

For this reason, you need an attorney with mastery of this field to accurately valuate your interest so that it can be divided fairly. Our attorneys have expertise in asset valuation and can assist with it during pre-trial matters and if litigation ensues.  Even if an asset is not marital property, it will be considered during a divorce proceeding to determine how marital property should be divided.

Many of our clients are concerned about privacy. They do not want the specifics of their interests to be on public display. Our attorneys work with utmost caution to help keep these matters confidential. While discovery will most likely take place in a divorce matter, a confidentiality or non-disclosure agreement can be struck to ensure that the opposing spouse does not reveal details regarding your ownership. If the divorce matter goes to trial, all evidence may become available for public inspection. Therefore, our attorneys do their best to keep business information out of evidence or protect it from the public scrutiny should it be entered into evidence.

The Dallas, Texas business law attorneys at Diamond McCarthy regularly represent business owners with complex financial matters related to divorce. If you are a business owner or have private investments that may be effected by the dissolution of your marriage, you would be best served by retaining an expert to represent you alongside your family law or divorce attorney. Contact us at (214) 389-5300 for a consultation today.

Some representative examples of the Business Divorce matters we have handled for settlement in family law matters are listed here.