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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92499
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Starting a New Business After Separation, Divorce Pending

Customer Question

Starting a New Business After Separation, Divorce Pending
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
If you are starting the business after separation, it is not considered marital property and it is considered the separate property of the spouse who has started the business.


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Customer: replied 3 years ago.
but we dont have seperate agreement, i just left that house . and now is 6 months already so i have to wait another 6 months because in VA i have to wait 1 year if i have kid under 18
Expert:  Law Educator, Esq. replied 3 years ago.
If divorce was filed, which I was led to believe when you said "divorce pending" then this stops the acquisitions of marital property and VA is not a community property state and as such you can open a business as separate property and proof it was opened after divorce was filed would be proof it is your separate property.
Customer: replied 3 years ago.
not file divorce yet, just seperate 6 month with no agreement i can file divorce on December 2011
Expert:  Law Educator, Esq. replied 3 years ago.
This would still be your separate property and you just need to show it was purchased with your separate funds. Again, VA is NOT a community property state and anything purchased when preparing for divorce and separated pending divorce is separate property.
Customer: replied 3 years ago.

can you use easy word for me. I am not American so English is not my first language.

your answer mean i can start my own business with out sharing anything to him right? because this business i have to share 50-50 with my friend

Expert:  Law Educator, Esq. replied 3 years ago.
I am sorry. Yes, you can start your own business as your own separate property and he would have no claim to it as you are separated preparing for divorce.
Customer: replied 3 years ago.

thank you so much , because i am so worry some of my partner of business tell me about we are still legal married so everything will be 50-50 so i dont want to put last money i have and then he take it 50% in my portion. so i dont need lawyer to start my own business right (just worry about he will claim about he still married with me)

Expert:  Law Educator, Esq. replied 3 years ago.
No, that is not the case unless you use marital money for the business. Actually, if you are forming a business, you should use an attorney to set up the business properly.
Customer: replied 3 years ago.
one more question now i seperate with him for 6 months already with no seperate agreement (just walk out from house) so this seperate is legel in VA
Expert:  Law Educator, Esq. replied 3 years ago.
VA does not technically have a legal separation to file in court. In VA, no court order or documentation is necessary to further legitimize the separation, if you are separated you are legally separated. You can enter into a separation agreement which is the best thing to do to make the divorce proceed smoother, but it is not required by law in VA.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92499
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 4 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you so much for your time so i will register a s-corp tonight
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you very much.

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Law Educator, Esq.
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