Home business and divorce.

[backinthesaddle]

Enquiring for a friend. I have no experience and don’t see much on here for those that owned a business with their ex.

A friend and her husband owned a business. Electrical etc. He was the electrician and she did the books and appointments etc. They own a home and the business together. Married 20 years. She left him and he fired her. The situation was volatile and she had to stay with friends and they share their teen daughter every other week arrangement. She has found a minimum wage job and gets absolutely no spousal or child support. Struggling. She has a lawyer but I just found her lawyer is collaborative and doesn’t litigate. Her ex is trying to control what she will get. This has been going on two years. I told her to get a new lawyer. They had an accountant go over their business and she is asking for less than entitled to but ex is still saying no. What should her next step be? Is there something she can be doing without her lawyer that seems to be useless?

[rockscan]

She needs to file a motion for support. Look through the forms. Im not sure what the motion is for equalization is but that should be done.

And she should get another lawyer!

[Janus]

1) Get a new lawyer
2) Ask for financial disclosure (and she should provide hers as well)
3) Ask for a valuation of the business
4) Explicitly ask for interim support (a set amount)

...and, when ex provides no disclosure and refuses to pay support

5) Go to court!

The good news is that it probably won't go to trial, but it is important to push for a trial to motivate the other side to settle. Stalling helps her ex and hurts her, so he will stall as long as he can.

[tilt]

She doesn’t file a motion. She will file an application (motions comes after the application). There is free help at the family law offices at many courthouses (in Ontario). A lawyer that has let her hang with no CS for two years is not a lawyer she wants to keep. Interim CS will be Ordered on the first or second appearance in most cases. The rest of the stuff will take longer, but at least she will start having some money coming in.