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Company Bank Records and Emails.

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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

------------------------------------------------------------

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.


------------------------------------------------------------
        Ask Jim Gross, Esq. your questions at: 
            http://www.MDDIVORCELAWYERS.com
------------------------------------------------------------

          GopherCentral's Question of the Week

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END OF IN THE COURTS - Another FREE GopherCentral publication 

Copyright 2007 by NextEra Media. All rights reserved. 
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Answers are not specific legal advice but information we 
believe will make matters less difficult for you. The law is
always subject to amendment by the legislature to 
reinterpretation by the courts, to different application by 
different judges and different states and to factual 
variations from case to case. Before acting on what you have 
read, talk to an attorney first.

No information or materials posted here are intended to 
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of posted information, especially as to each individual 
situation. GopherCentral.com/NextEra Media does not inde-
pendently check the information contained herein and does 
not refer or endorse any product, service, or firm. This 
site does not constitute an attorney-client relationship; 
local counsel should always be consulted. 

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