Ask A Lawyer: I Want My Business And My Children

Question:

My wife has moved out and is dating several other men. I have the children living with me. I feel my only recourse is divorce.

My wife keeps asking me for financial support. I own my own business and she say that she is going to take half of it even though she has not done anything with the business. I want my children and my business.

What do you suggest I do?

 

Answer:
You need to consult an attorney in your jurisdiction and file for divorce and attempt to obtain temporary orders, if available in your jurisdiction.  The temporary orders can establish a temporary parenting schedule to reflect your current parenting schedule. 

Generally, all property accumulated during the course of your marriage is divided equitably.  Your business will need to be valued and divided in light of the division of the remaining assets and debts. Your wife is not automatically entitled to half of the value of your business however she may be entitled to a portion of the equity in your business.  You do not need to provide support to your wife; you should continue to pay the bills and expenses to maintain the marital residence and to take care of the children.

 

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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