If you’re filing for divorce in Texas in a case involving unusually high incomes, extensive investment or real estate assets, the operation of a family business, or substantial commingling of separate and community property, it’s fair to expect that division of the community marital estate will not only be more complicated than in the typical case, it might also be more sharply contested, given the high stakes and the complexity of the issues involved. With nearly 35 years of legal experience, I have the ability to analyze even the most complex marital estates and protect your interests. Contact my office in El Paso for more specific advice about your situation.
It’s usually necessary to engage the participation of financial and accounting experts in cases where the nature of the marital estate requires specialized evidence as to value, the community or separate character of the asset, the impact of a spouse’s separate contribution on the value of the asset (such as a family business), or even to identify and locate assets that have been concealed or put beyond your reach. My experience with forensic experts in the review and presentation of complex marital property issues can go far to protect your interests in a divorce involving family business assets or extensive investment properties.
If you’re concerned that particular holdings might be liquidated, transferred, or manipulated either to remove them from the marital estate or to depress their value for tactical reasons, I can go to court to restrain your spouse from disturbing the status quo. If there’s a prenuptial agreement in place, I will review its terms carefully to see whether any problems might arise in enforcing its terms, or whether it might be subject to challenge.
Complex divorce cases are often suitable for binding arbitration, particularly when one or both parties are well known in the community, and they’d prefer to keep the value of their personal or business assets out of the public eye. A stipulation for arbitration or other private judging arrangements will be respected by the family court, and should be arranged as soon as possible after filing for divorce.
In Texas, the determination of community property issues can be very complicated where the marital estate is large and diversified. For dependable advice in a complex divorce case, contact me at the Law Office of Douglas C. Smith.