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Joinder Of A Corporation As A Party To Your Divorce

Your Fort Lauderdale divorce lawyer should join you and your spouse’s corporation as a party to your dissolution of marriage case if you are requesting the transfer of any of the corporate assets as part of the equitable distribution. In the event that the corporation is not a party to your action, the marital and family law court does not have jurisdiction to order that corporate assets to be transferred to you as part of the equitable distribution. In addition, if your spouse is ordered to transfer a corporate asset to you, you may not be able to have the corporation do so and then you would be left with no recourse. Another reason that a corporation owned by you and your spouse should be joined as a party is when both parties have access to the corporate books, checkbooks, bills and personal expenses are paid by the corporation
Joining a corporation is not necessary when a party is not requesting a claim against the corporate entity or an unequal distribution in any of the corporation’s property. In the event that your divorce lawyer in Broward does not join you and your spouse’s corporation, the Florida marital and family law judge can still prevent the disposal of corporate assets or corporate stock to a third party.