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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am currently going through a divorce, whom also is my

Customer Question

hello I am currently going through a divorce, whom also is my business partner for our member managed LLC. For the 6 months we have been in the divorce process he has completely stopped any access I have to anything business related, I cannot file taxes, completely stopped any income, and removed me from our bank account not only as a signer but in a hand written letter changing ownership which was never agreed upon or discussed. I am now 6 months in and obviously with children in a very rough spot seeing as though he does not pay any of the mortgage and any other bills since then. I am wondering on the business side how this is ok or if there is anything that can give me piece of mind as to what will happen. We are a small and fairly new business but stayed busy with business debt in which I signed as a personal guarantor and he has now stopped paying on that 60,000k so the debt is coming directly to me. I have a 5 year old he is seeking custody of and a baby on the way and needless to say I am freaking out. any advice guidance? he's very controlling and is loving every minute of the upper hand.
JA: Can you tell me what state the LLC is registered in?
Customer: tx
JA: Has anything been filed or reported?
Customer: We are only about to go into mediation I have paid 9000 to my lawyer and have gotten no answers as to where to go from here. they act as if it is a simple case. Its completely ripped my life to pieces
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am very much an intelligent and resourceful individual, what is being done is very wrong and I need to have something to remind him of that. He also turned all my charges on my debit card in for fraud at the bank knowing they were not.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to get a local attorney to represent the BUSINESS not you and to sue him for failure to pay the debts and because closing you out of the business are both breaches of fiduciary duty to the company as it hurts the company itself. Breach of fiduciary duty to the company is grounds to remove a partner from control of the company.
As far as your current divorce attorney, you need to consider looking around and doing a little research in your area as to who they have in the area who is an aggressive family law attorney (http://www.superlawyers.com or http://www.hg.org) and replace the attorney who is not standing up to stop the destruction of your marital assets because your attorney should have at least filed an injunction in the court to prevent your ex from freezing you out of the business and causing irreparable monetary damage to the business and also harming your credit in the process as you are personally liable on the business loans.