Katy Texas Business Owner Divorce Lawyers

The intricacy of A Business Owner Divorce

Nick Davis Law’s experienced Fort Bend and Harris County business owner divorce attorneys are able to provide you with sound counsel on the complexity involved in maintaining and splitting company interests through a divorce in the state of Texas.

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Business Owner Divorce Lawyers in Katy, Texas | Fort Bend County

Choose Experienced Divorce Lawyers when Business Ownership is at Stake.

 

Things have the potential to become quite complicated in a very short amount of time if a divorce case involves the ownership and operations of one or more business entities. It is possible that you will need to consult with an expert in business valuation in order to have the worth of the company evaluated and have their professional advice on the matter. This will depend on the specifics of your situation. In addition, in many cases, the early participation of the court is required in order to determine how the business will be managed and run during the divorce proceedings. Nick Davis Law’s divorce attorneys have vast expertise in business disputes, and they are ready to assist you on the most effective ways to handle the divorce proceedings involving your company. It cannot be emphasized enough that you should hire the services of an experienced business divorce attorney since the approach that is taken for your divorce will differ based on your relationship with the business, and this point cannot be overstated. If you own and operate the business as well as want to keep it after the divorce, your strategy will be very different from that of a spouse who does not own or operate the business but who wants to maximize the value of the business in order to receive a large distribution of the estate or to make a reimbursement claim against the business.

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When getting a divorce that involves a company, the first thing that has to be determined is whether or not the business is considered separate or community property. After this has been determined, the next step is to carry out a business evaluation, which is typically carried out by an expert with experience in both business and divorce litigation. One example of such an expert would be a certified public accountant (CPA) who has experience preparing expert reports and testifying in divorce actions.

There are Three Methods That Can Be Used to Determine the Value of a Company:

  • Market Valuation
  • Income Valuation
  • Asset Valuation

To find out more about how our seasoned business divorce attorneys in Fort Bend, Harris, Brazoria, Waller and surrounding counties can assist business owners going through a divorce contact us at (281) 528-2400 for a free case evaluation to determine your strategy.

Schedule a Free Case Evaluation with an Experienced Business Divorce Lawyer in Katy, TX serving Fort Bend, Harris, Brazoria, and Surrounding.  Call (281) 528-2400.  

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Are you facing a divorce in which the marital estate owns an interest in a business?  If so, are experienced Business Divorce Lawyers in Katy, Texas can help.  Tell us about your case to learn how our Fort Bend County Business Divorce Lawyers can help.

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Adoption

9

Annulment

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Business Owner Divorce

9

Child Custody

9

Child Protective Services (CPS)

9

Child Support

9

Child Support Enforcement

9

Common Law Marriage

9

Divorce - Contested

9

Divorce - Uncontested

9

Father's Rights

9

Family Violence

9

Modification - Custody

9

Modification - Support

9

Parental Alienation

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Paternity

Solving Complex Problems for Clients & Their Families

Business Valuation

When determining the value of a company, another factor to take into account is the company’s good will. In general, a company’s good will is believed to be the worth it possesses in addition to its assets. This value is comprised of the company’s reputation and name recognition. However, it is essential that your divorce attorney has the expertise to argue whether some or all of the value of the business good will pertains to “Personal Goodwill” or “Professional Goodwill.” “Personal Goodwill” is typically worthless apart from the person or professional, and “Professional Goodwill” is considered to be their separate property so to speak because it can’t be separated from the person. “Professional Goodwill,” on the other hand, can be separated from the person. For instance, a lawyer, doctor, or accountant’s personal goodwill is often credited to that individual, and it cannot be bestowed on the business unless that individual continues working for the firm. If that people stops working for the business, the personal goodwill would be lost. On the other hand, the brand recognition and reputation of the company are usually regarded to be Community Property and can be a consideration in determining how much the Marital Estate is worth.

To find out more about how our seasoned business divorce attorneys in Fort Bend, Harris, Brazoria, Waller and surrounding counties can assist business owners going through a divorce contact us at (281) 528-2400 for a free case evaluation to determine your strategy.

The Valuation Approaches

The Asset Valuation

This is the standard method that is used to determine the worth of a firm and is frequently referred to as the “cost approach.” In this approach, the worth of the firm is determined by deducting all of its obligations from the total value of its assets. In this approach, the value of each asset and obligation held by the firm is determined, which, in turn, leads to the determination of the overall worth of the company. To estimate the worth of a company, many people consider this approach to be the most rational and sensible one. Using the asset approach as one source in conjunction with one of the other valuation approaches is likely to produce the most accurate value for the firm. This is because the asset approach takes into account the company’s physical assets.

The Market Valuation

The Market Approach to establishing the worth of a business is somewhat comparable to the process of estimating the value of a property by comparing the prices at which similar properties have recently sold in the same area. When determining a value using this approach, the evaluator will look at the sales of other firms that are comparable in type to the one being evaluated by the business owner. However, if there are more than a few transactions to contrast, this might become troublesome. On top of that, some specialized small firms may not have something comparable to utilize as a standard for comparison.

The Income Valuation

The income valuation approach pertains to  the cashflow and profit of a company. This is often achieved using either the capitalization of earnings approach or the discounted cash flow method. 

Earnings Reinvestment and Capitalization. A value is determined using this method by dividing the economic advantages obtained from a firm over a period of time by a capitalization rate. The rate of capitalization is established on the basis of a rate of return on an investment that an investor would anticipate receiving from that investment after taking into account the level of risk associated with that investment.

The value is calculated using the discounted cash flow approach, which involves applying a discount rate to a number of predicted economic advantages in the future.

Similar to the concept of the capitalization rate, the discount rate represents the rate of return that an investor considers acceptable for an investment in a company.

When it is anticipated that a company’s rate of income growth may shift over time, financial analysts turn to the discounted cash flow approach.

These estimates, as you can see, call for a variety of assumptions and forecasts, and it’s highly usual for two different experts to arrive at vastly different values for the same organization.

Nick Davis Law’s experienced business owner divorce attorneys can assist you in preparing your case for a favorable outcome in any divorce proceeding that involves a business entity in Fort Bend County, Harris County, Grimes County, Waller County, Brazoria County, Brazos County, or Washington County and the surrounding counties.

Contact Nick Davis Law at (281)  528-2400 to speak with one of our seasoned Business Owner Divorce Lawyers serving Fort Bend | Harris Counties in Katy Texas.

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