Even small businesses are complex entities, and when they are intertwined with a marriage, a split may dredge up layers of history and conflict. In any partnership, it is likely that there have been moments of tension, struggles for power, and disagreements. It is important to diffuse that pent-up tension and try to start a [...]
Splitting a business in divorce (or splitting a business under any circumstances) can be a messy business—but it doesn’t have to be. When spouses are guided through the collaborative divorce process by their attorneys mindfully, the end result can be incredibly transformative. But that is only if the process for separating and figuring out how [...]
This is what Alec Baldwin would tell a friend whose marriage may be breaking up: “I try to tell people that, if they can, I say find a way that you can get into therapy and get into the collaborative divorce, you know, the dignified divorce because you are going to so regret if you [...]
Forbes Magazine recently published an article about a couple who went through a bitter divorce 25 years ago that split the family and split the family business. The wife got the company trade name and two stores. Husband got two stores and became his former wife’s fiercest competitor. They didn’t speak to each other. The [...]
If you are thinking about starting a business, whether with a family member, partner, by yourself or with multiple friends or family, there are some important things to do and think about as you get the business up and running. Here are some of those things, and remember, speak with an attorney to get specific [...]
Running a business can be stressful. If your business partner is your spouse, it can get even more challenging. A husband and wife team, Dave and Kathy, ran an event planning company I worked for soon after graduating from college. I always admired them for not only running their business well, but for maintaining a [...]
Savvy business owners include plans for what happens if a partner dies or wants to leave the partnership in their business formation documents. Married couples in business together are wise to make the same plans. There are three critical terms that married couples should consider including as provisions in their business formation documents. 1) A [...]
Guest Blog by Michelle Topal, MSW, LCSW The Impact on Children Separation and divorce is a difficult, painful process for everyone involved. It usually precipitates significant change and loss, and triggers in most people deep feelings of failure, lack of control, rejection and abandonment. Many things have been written about the impact the change to the [...]
It may seem unromantic to plan for the worst, but, like most unromantic things, it’s extremely practical. Forming a business with a spouse can be an incredible, invigorating experience; but it can also be stressful, fraying, and destructive to any relationship. It’s good to know all that going into it, and know that your business [...]
Thanks to increased longevity and better health, more seniors are able to enjoy second marriages. Despite this trend, the North Carolina legislature recently changed the law so that the right a spouse has to choose to take a portion of their deceased spouse’s estate instead of what they would receive under a will no longer [...]
An attorney friend of ours was recently engaged to be married. She’s had a thriving law practice for years, and she thought it would be prudent to have a prenuptial agreement to protect her law firm just in case there was ever marital discord in the future. Her husband-to-be had no problem with her keeping [...]
You’ve heard of collaborative divorce. It sounds like it has significant benefits. But you’re not quite sure what “collaborative divorce" is. What makes it different from a “typical” divorce? In simplest terms, a collaborative divorce means your attorneys, and any other professionals involved in the process, are going to collaborate to help you minimize the [...]
Guest blog by Cora Hietpas, LMFT The dreaded “D” word. Many couples that come to see me have threatened, considered, or seriously discussed getting a divorce with their spouse. This makes perfect sense since the divorce rate continues to hover around 40-50%. I've witnessed divorces that are devastating, time consuming, and downright messy. On the [...]
We know it can be difficult to talk to a spouse about divorce in general, but add in the task of trying to interest them in learning about collaborative divorce, and it probably feels like climbing Mt. Everest. So we put together the following steps and hope they can be helpful. Admit you are scared about what the [...]
I recently heard someone use the term "amicable divorce" when they described collaborative divorce. I've never used that term to describe collaborative divorce, and it got me wondering why. It seems like "amicable divorce" is maybe a quick and easy way to explain what I do. "I help people have an amicable divorce." But that's [...]
We had a call the other day from someone facing divorce. He wanted to know more about the collaborative divorce process. He said he was intrigued by the possibility of a collaborative divorce, but he also wanted to be protected in the divorce. He said he was thinking he might need to call the law firm that [...]
Can counseling hurt you during a divorce? The answer is a resounding yes, if the divorce goes through the traditional process of court litigation. The answer is a resounding no, if the alternative—collaborative divorce—is chosen. We see a lot of people who are in tremendous emotional distress. They are wondering if their marriage is headed [...]
In North Carolina, you can't get divorced until you've been physically separated for at least a year. During the separation period there's a need for two homes while you're still married. If you rent an apartment as the second home, then it can be relatively simple. But if you want to buy a second home [...]
There's no right answer when it comes to whether to sell the house because of divorce. Some say you don’t want to be "stuck" with the home, because it means you'll get fewer of the other marital assets, and these assets may be more liquid, may have fewer costs associated with them, and may appreciate [...]
There's a common myth about collaborative divorce that says it's only for low-conflict couples. In part, this misunderstanding comes from a decision, 25 years ago, to call this intensive, settlement-only effort "collaborative law." It makes it sound like it's "friendly" divorce. But collaborative divorce does not require that spouses feel "friendly" toward each other. Few [...]