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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33642
Experience:  16 yrs. of experience including family law.
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Divorce Question. I owned a company years before I

Customer Question

Divorce Question. I owned a company for 10 years before I married my husband called East Coast Property Preservation. When we married he wanted me t o change the name to South East Property Preservation and he wanted to be president. We have been married for 2 years and I want a divorce. He says he will take half of MY company that I owned for 10 years before ever meeting him. He knew nothing about my business and I still have the same clients as I have had for the past 10 years. What can he get?Also, I put a down payment of 20K on the house we live in. He had no job nd no income and he is trying to say that he paid 1/2 which he did not. I used a cashier check from 3 years earlier to pay the down payment. I just want what I paid down and 1/2 the equity. Im trying to be fair. He is being the asshole. He is strung out on crack cocaine and I just want the hell away from him.Im not being a bitch. I had assets when we met. He had nothing. No job, no home, nothing. I really want to leave this house and get the hell away but I know I cannot walk out or he will say I abandoned it and him.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.This will depend on the state...which state are you in please?
Customer: replied 1 year ago.
I don't understand why it took ten minutes to ask what state I'm in? Also, I actually already answered that question. I live in Tennessee 50/50 state but I owned the business for 10 years before meeting. He has been president for 2. I ended that today. I have same clients since 2002. He says he is going to destroy me. Call my clients and bad mouth me...ect.
Customer: replied 1 year ago.
I have done nothing to him. He is a drug addict. He stoled 38k from me that I can prove.
Expert:  P. Simmons replied 1 year ago.
Ma'am I am sorry but I did not see the state listed. I have some thoughts and can type them up (it may take a few mins) or we can chat on the phone. Let me know.
Customer: replied 1 year ago.
Also....he signed a piece of paper that stated he was giving me back the company with no stipulations and it was signed before a notary.
Expert:  P. Simmons replied 1 year ago.
Thank you Tennessee is an "equitable distribution " state. Not a true 50/50 state (like for example California)...the court has the power to deviate from 50/50. They will do so to ensure an equitable (fair) distribution of the property. What you are describing I would expect the court to give him a portion of the business value. But not fifty percent. The court will give him a portion based on his contribution to the company. For your divorce...a divorce can either be contested or not contested. Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees) Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This takes longer and involves attorney fees for both sides. SO, if you can agree with your "soon to be ex" on who gets what, great! If not, you need an attorney. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
What about the paper that he signed before the notary that states he gives me the company back. He signed it last week.
Expert:  P. Simmons replied 1 year ago.
That will not prevent him from getting a portion of the company under Tennessee's equitable distribution laws. The court is going to give him a portion. Not 50%... but certainly some percentage. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.