Business Owners

We provide expert representation for the unique needs of divorcing business owners

Divorce can raise many difficult issues for family business owners, regardless of whether the business was begun during the marriage or predated the marriage. At Kendall Gkikas & Mitchell, LLP, we have the skills, experience, and knowledge required to help you receive your fair share of the value of the family business and/or retain your ability to continue in the business after divorce.

Getting Settled

As your divorce attorney, we will listen to your goals and use the law to help you achieve those goals to the best of our ability.

Establishing Rights to Business Property

The first step in a divorce case involving a family business or professional practice is establishing each spouse’s right to that business. If the business was begun during the marriage, it will typically be considered community property and will be split 50-50 during property division. If, however, one spouse brought the business into the marriage, a 50-50 split may not be appropriate. The portion of the business that can be considered community property must be established based on factors such as each spouse’s contributions to the business during the marriage.

Determining Business Value

Once it has been established how much of the business is in fact community property, the value of the business must be determined. California courts can accept any of the following evidence-based valuation methods:

  • Market valuation
  • Income valuation
  • Asset valuation

As your divorce attorney, we can help you get a fair and independent evaluation of your business, so you don’t have to rely on your ex-spouse’s valuation.

Let Our Expert Divorce Attorneys Fight for You

The Mediation Alternative

Having your personal life turned upside down during a divorce is bad enough—we don’t want to also see your professional life destroyed. At Kendall Gkikas & Mitchell, LLP, we can help divorcing couples find a solution to their business property issues that will hopefully prevent the necessity of dissolving the business and liquidating its assets in order to divide them. As your divorce attorney, we will stand up for your best interests, balancing the need to split a business fairly against your right to continue supporting yourself with gainful employment in that business. Contact us now for an overview of your rights and options and learn more about how we can help in divorce mediation or litigation.