Protecting Business During Divorce
Summary
If you start a business after separation, it can be considered separate property. Document your separation date, request temporary court orders, and clearly state in your business formation documents that it was established post-separation. Consult a lawyer for personalized advice.Full Conversation
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~How to File for Temporary Orders in Arizona~
*. Complete the Forms:
- Fill out the necessary forms for temporary orders, including a "Petition for Temporary Orders" and an "Affidavit of Financial Information."
*. File the Forms:
- Submit the completed forms to the Clerk of the Superior Court in your county. Filing fees may apply.
*. Serve Your Spouse:
- Serve a copy of the filed forms to your spouse. This can be done via a process server or other legal means.
*. Attend the Hearing:
- The court will schedule a hearing where both parties can present their arguments. Be prepared to provide evidence and documentation.
*. Obtain the Orders:
- If the judge grants your request, you'll receive temporary orders that specify the financial and property arrangements until the divorce is finalized.
Would you like details on the forms or need help with any other aspect of your case?
If I started my C-Corp after "separation" meaning I had already left, we had already started with the divorce process, and I had been living with my mom, does that protect me from her being able to claim rights or ownership or anything to the company? I just am starting it and have no income yet but hesistant because of all this
Your situation suggests a strong potential for protecting your new business as separate property, given that it was started after your separation. Here are some steps to help safeguard your C-Corp:
- Document Separation Date: Keep records showing you moved out and started living with your mom before forming the business.
- Temporary Orders: Request temporary court orders to confirm the business as separate property and prevent your wife from claiming any future interest.
- Legal Documentation: Clearly state in your business formation documents that it was established post-separation and is not part of marital assets.
Would you like more details on how to file for temporary orders in Arizona or any other aspect of your case?
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