Complex Property Division for Divorce
Almost every divorce involves the division of marital assets and debts. If the marriage was short or the couple has few assets and debts, the process of dividing marital property can be relatively simple and efficient. The parties often retain the property they brought with them into the marriage and divide the debt. However, not all divorces are this simple.
At the Law Office of Laurence A. DePlaza, P.C., our divorce attorneys are committed to the preparation of community property division in complex or high-asset divorce cases. With more than 20 years of experience, our lead attorney, Laurence DePlaza, knows what it takes to reach a fair property division agreement. He will zealously protect your financial interests and provide you with the technical expertise you need and deserve.
To learn more about our ability to protect and advance your financial interests during a contested divorce proceeding, please contact us to schedule a confidential consultation. We are here to help.
Protecting Your Marital Property Interests
We take the initiative for our clients by calculating the value of your assets and identifying potential points of conflict prior to filing the divorce petition. This gives our clients an advantage because they gain a good understanding of their rights and responsibilities with respect to marital property before the divorce proceeding is filed.
For those responding to a divorce petition, our strong advocacy and experience in high-asset or complex property division puts them on an even playing field with the spouse who had time to consider property matters prior to filing the petition. We understand complex property division and can help respondents make the decisions that will put them in a favorable position even after the divorce is final.
Our Plano property division lawyers advise and protect clients on complex property division issues, including:
- Enforcing or challenging the terms of a prenuptial agreement;
- Proper characterization of particular assets as marital or separate property;
- Checking the accuracy of your spouse’s income and asset disclosures;
- Making sure that property such as family business assets, interests in closely held corporations, real estate investments, and/or collectibles is properly characterized and valued;
- Tracing and recovering marital property that your spouse may have concealed, unlawfully transferred, or failed to disclose;
- Preparing and filing qualified domestic relations orders (QDROs) for pensions (including military pensions), 401(k)s, and other retirement accounts; and
- Identifying valuable personal property.
Identifying resources to Protect Your Property Interests
The resolution of complex property division matters can be highly technical and confusing. In divorces involving substantial assets – such as pro-athlete divorces – often the most divisive and emotionally charged part of the case is a proper division of marital property. Our attorneys work closely with experts from many different fields – real estate, forensic accounting, business valuation, asset tracing, tax planning, and even auction houses – so that your position is supported by the most credible and persuasive evidence available.
While we strive to resolve these issues through mediation and other collaborative methods, as skilled litigators we are prepared to fight for your interests in court.
Divorce and a Texas Business
It may surprise small business owners in Texas to discover that a business started while one is married is considered community property, even if the other partner has not been active in managing or running the business. This applies to business partnerships as well. While one spouse may not have a direct equity interest in the business, he or she is entitled to half of the other spouse’s equity interest.
When considering a divorce involving a small business, the decisions that need to be made involve:
- Properly valuing the business, which may require the opinion of a business valuation expert;
- Determining whether both parties will retain their interest in the business or whether one spouse will maintain control; and
- Deciding whether to buy out one spouse’s interest in the business or continue on with each spouse having a defined financial interest.
If you and your spouse already have an agreement in mind, the attorneys at the Law Office of Laurence A. DePlaza, P.C., will review your proposed agreement to determine if all issues were properly considered and if all assets were correctly valued. If we believe something has been overlooked, we will advise you on how you can handle that issue and, if necessary, recommend a financial expert that can help.
Contact Our Divorce Lawyers
Contact an AV-rated* family law attorney at The Law Office of Laurence A. DePlaza, P.C. We offer experienced and dependable client service on any community property characterization issue or complex property division problem in the Dallas/Ft. Worth Metroplex.
* CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell Ratings evaluate two categories – legal ability and general ethical standards.