High Asset Divorce
High Asset Divorce
Divorce is difficult for everyone, but it is particularly complex and frightening for people with high assets. Divorcing couples in Nashville, Tennessee, with high assets face issues that are not common in typical divorce cases, and it is particularly important that you hire attorneys who will take your case to trial, if necessary, rather than settling for a typical divorce lawyer looking for an easy deal. At Downton Clark, PLLC, we are primarily litigators and trial attorneys, and we have extensive experience tackling the most complex cases successfully, including high asset divorces.
High asset divorces often include one or more of the following issues that are not typical in a standard divorce case:
- Business property and profits
- Valuation and division of professional practices, corporations and LLCs
- Valuation and division of stocks, bonds, mutual funds and other investments
- Hidden assets—experienced business people prepare, and, unfortunately, in a divorce case, that means that individuals often make efforts to move or hide assets
- Multiple 401(k) accounts, IRAs, pensions and other retirement plans
- Real property division including, residences, rental and business properties
Of course, high asset divorces also include all of the difficult issues that couples face in standard divorces, and these issues remain incredibly important, but sometimes with a twist. These issues include:
- Child custody and parenting time (visitation)
- Child support
- Alimony/spousal maintenance
We treat high asset divorces like any other large case of civil litigation. The stakes are similar, and the methods we employ recognize that full and complete preparation is the best way to protect you. This focus on trial preparation means that we are driven to obtain information first and foremost-through extensive discovery and document production, to exhaustive depositions where necessary and hiring of private investigators to explore financial and lifestyle matters pertinent to your divorce. At the same time, we bring our human touch to any divorce case, and recognize that these cases are more than mere business disputes. Our exhaustive preparation and focus on trial does not mean we intend to try your case. We hope we do not have to take you through that, but we will be ready if we need to. More importantly, this style of preparation gives us a distinct edge in negotiating the best settlement possible in the vast majority of cases.
Identifying and valuing property is often one of the biggest challenges in a high asset divorce. In many cases, the couple owns a business that must be divided, making corporate and business law knowledge essential. At our firm, we take pride in providing each client with full-service representation. We have litigated business valuation disputes and can connect you quickly with the expert accountants necessary to prove that value. We have litigated cases with hidden assets (and consulted with those who wish to hide assets, declining representation). Often high asset cases require the establishment of trusts for child support purposes (rather than paying huge support directly to the other parent, we attempt to direct as much of that support as possible into a trust for the direct benefit of your child(ren)). We know how to get information, and how to solve problems creatively. When you come to us, you can be confident that all aspects of your divorce will be handled efficiently.
Finally, if you and your spouse had a prenuptial agreement, some or all of these issues may be addressed there. We have litigated numerous contract cases and use that experience in litigating your prenuptial agreement. So, if you have such an agreement, we will be ready to assert your contractual rights as written.