Publication: In the Courts
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IN THE COURTS - January 23, 2007
"Straight answers to tough questions from people going
through real divorces from a top divorce lawyer."
By Jim Gross, Esq. http://www.MDDIVORCELAWYERS.com
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Question:
My husband started a business while we were married, LLC,
am I entitled to half and future proceeds? – Theresa
Answer:
Theresa: You may be entitled to a marital award based on
the present value of the business. That value may take
into account the projected future earnings of the business,
but there may also be deductions for such things as market-
ability, taxes and personal good will.
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Question:
I have been working for a company for over 14 years as
president. But never owned a share. Can my wife subpoena
bank record and e mails of the company? – David
Answer:
David: She can send a subpoena because the scope of discovery
is broad. The company can object to it because it has an
interest in keeping its records confidential. Usually these
types of disputes are resolved with a written non-disclosure
agreement. Terms are negotiated. She may agree to limit
discovery and the company may agree to disclose some records
only for use in the litigation. If not, a judge will have to
decide what may be disclosed.
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Question:
I was divorced in 2000. I have been awarded a portion of my
ex-husband's retirement pension. I have remarried in 2006.
Do I lose the pension even if the document has no referral
to remarriage? – Kathy
Answer:
Kathy: Alimony can be terminated by remarriage. But a
pension, even though it is a right to receive future
income, is considered to be an asset of the marital estate.
It is divided by court order at the time of divorce and not
affected by remarriage.
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Ask Jim Gross, Esq. your questions at:
http://www.MDDIVORCELAWYERS.com
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END OF IN THE COURTS - Another FREE GopherCentral publication
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Answers are not specific legal advice but information we
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