New York City Business Law Blog

Protecting your business may be a goal during divorce

You have likely gone through many life events that have made you feel happy and proud. Two of those events may have included starting your own business and getting married. The days these events took place, you may not have believed that any negative impact could befall your business or your marriage. Unfortunately, that did not turn out to be the case.

Your marriage may have lasted a good number of years before problems became too much, and now you face divorce. This situation means your once-happy marriage is coming to an end, and your business could also be at risk of facing negative repercussions.

Should you hire a lawyer before starting a New York business?

One of the most urgent needs of those starting a new business in New York is reducing initial costs. New business owners need to control costs in order to have the funds they need to operate the company efficiently. The problem is determining where to cut costs without compromising the security of the business.

There are many forms of security when it comes to new startups. Money itself is a form of security as is having a solid business plan and trustworthy investors. What you may not know is that legal representation is also an important type of security that most business owners need. Choosing to consult with a business law attorney before you start your company can improve your chances of success by identifying potential legal issues before they occur. The following list contains examples of the ways a business law attorney helps new startups succeed.

  • Helping you choose what form your business takes (e.g. limited liability company)
  • Assistance in acquiring any necessary permits or licenses
  • Making sure that your startup conforms to the state's business laws
  • Addressing issues of liability that your company may face now or in the future
  • Performing risk assessment services and helping you minimize these risks
  • Assistance drafting the formal documents needed to operate a company
  • Providing information and advice about the tax issues related to your new business

Stepparents risk losing contact with the kids after divorce

When you marry someone who already has children, it can be difficult to predict what will happen. While it is a complicated family law scenario in some cases, we will make it as simple as possible by breaking the possibilities down into two results. Either you will experience difficulty truly bonding with your stepchildren or you will fall in love with them and think of them like your own kids. It is the second possibility that we want to talk about.

As long as your marriage is going well and no divorce is on the table, loving your stepchildren carries no risk. However, if marital troubles occur and divorce is the only answer, you risk losing the children you have come to love as well as your spouse. As we mentioned above, the topic of stepparent rights is a tough one in legal terms. Unfortunately, no ready answer exists for divorcing stepparents who want to maintain their loving relationship with the children.

Head off litigation with an employment contract evaluation

In essence, an employment contract is an agreement between an employee and an employer. It is also a legal document defining many facets of an employment relationship. More and more businesses in New York have begun to make use of these employment law documents because they protect employers and workers alike. When a well-drafted contract is in place, it can prevent misunderstandings or disputes that may otherwise lead to litigation.

As employment law professionals, we generally approve of fair and balanced written agreements between workers and their superiors. However, we like to caution all involved parties to make certain such documents do not violate anyone's rights. One way to accomplish this is by having the contract reviewed by an employment law attorney.

3 ways to get rid of your business partner

When you and your business partner started the company, you felt like you could work together for decades. You got along, you both worked toward the same goals and you split the responsibilities evenly.

Now, however, it is clear to you that your business partner needs to go. There's just no way the company can move forward with him or her involved. How can you force that person out legally?

Would the best way to share custody be to leave the kids at home?

As you face the end of your marriage, you may also face the prospect of determining the best form of co-parenting for your family. This may involve exploring numerous options.

One that you may wonder about is bird nesting. This form of shared custody allows the children to remain in the family home while you and the other parent move in and out on a schedule you decide works best for everyone involved. If you own multiple properties here in New York City, or can afford to, this may be a viable option for you.

Do not mention age in recruiting advertisements

When you interview someone or hand out applications, you may ask for the person's date of birth. In many cases, this is perfectly legal. You can gather information about employees or potential employees.

What you cannot do, however, is indicate that you prefer a specific age over another. This could be seen as age discrimination, which is illegal just like racial discrimination or gender discrimination.

Could starting a business help you after divorce?

Your spouse wants a divorce, and you know that it is going to be hard for you to adjust to life after your marriage. It's just not something you were prepared for. You're not sure how long it will take you to get through it.

While everyone is different, some experts suggest that the best way to move forward is to put your time and energy into something else. This helps to distract you from the other changes and gives you a clear focus. It prevents you from simply sitting on the couch and dwelling on what happened.

What happens to parental gifts in a divorce?

You got married five years ago. Your parents generously gave you enough money to cover the down payment on a home, the mortgage payments for the first year and all related costs. They knew that you and your new spouse did not have enough saved up, so they helped you get your new life started.

Now, you and your spouse are planning to get divorced. It just did not work out. Neither of you can afford to keep the home alone, so you are going to sell it and split up the money that you make.

What type of evidence helps document discrimination?

Workplace discrimination can be tricky. Even when you know you are experiencing it, what can you do to gather evidence? How can you show someone who does not walk in your shoes every day that you are being treated unfairly?

If you have seen changes to your pay or hours, that is the first place to start. Your pay stubs at least provide a solid record of the change so that you can show you were earning more or working more prior to the harassment. This also helps to prove exactly how it has impacted you in a financial sense.

Hear From Our Clients

Mr. Skolnik and Mr. Gaboury have represented me on multiple cases over the past two years. They are dependable, knowledgeable, and professional. They provided high quality legal guidance for my small business during a difficult time and brought me a peace of mind. I highly recommend Cox Padmore Skolnik & Shakarchy as your legal business representative. -Anonymous

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