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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband and I are divorcing after 31 years because of s

Customer Question

My husband and I are divorcing after 31 years because of his infidelity and domestic violence, he has his own company which he is letting fail because of his drinking and doesn't want me to receive anything is there anyway to speed up the divorce before he ruins the company or is there anything I can do if he destroys the company? We live in the state of alabama in madison county.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Your situation, while not all that uncommon poses a special problem, and there is a legal solution.
You must first have filed for divorce or have answered a petition for divorce filed by your husband.
Then you will need to prepare a Motion to Appoint Receiver over your husband's company to prevent the intentional destruction of the business and the corresponding loss of family assets.
A receiver in a person or entity appointed by a judge to takes possession and control of assets specified in the court order that appointments him or her, answerable directly to the court.
While it is quite rare for a judge to appoint a receiver in a divorce case, one may be appointed under outrageous circumstances to preserve joint property at risk of being depleted, disposed of or transferred beyond the power of the court, and that is what you will want to show will happen in the absence of a receiver being appointed.
This is a complicated legal maneuver and I strongly suggest that you retain a local family law attorney to assist you in presenting and arguing this motion to the court.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,