Davie Business Divorce Attorney

The Andrew M. Schwartz Legal Team represents business owners, LLC members, shareholders, and family co-owners in Davie and across Broward County, along with clients in Palm Beach County who are caught in the breakdown of a company they helped build. A Davie business divorce attorney is usually called when the owners have stopped being able to run the company together: one side is locked out of the books, the money is not adding up, or two equal partners disagree and nothing can get approved.

Davie has the kind of business base that produces these disputes. Equestrian and ranch properties, medical and professional practices, contractors, restaurants, and small family-run companies are often owned by two or three people with a handshake history and an operating agreement that nobody has read in years. When trust fails, the questions come quickly. Who controls the bank account? Can one owner be bought out, and at what price? Can a court break a deadlock or dissolve the company altogether?

Our firm handles those questions for clients in Davie, Fort Lauderdale, West Palm Beach, and the surrounding communities, as well as for clients in New York, New Jersey, and Connecticut who own a piece of a South Florida business or property. The sections below explain how these cases tend to unfold and what to do while you still have options.

How a Business Divorce Typically Unfolds

Most business divorces do not begin with a lawsuit. They begin with a quiet change: a partner stops sharing financial statements, a manager starts paying himself without telling anyone, or a vote ends in a tie and the company stalls. At that stage, the most useful thing a lawyer does is read the governing documents. The operating agreement, shareholder agreement, or partnership agreement often decides more than people expect, because it may contain buyout formulas, deadlock procedures, expulsion rules, or a required mediation step before anyone can file.

If the documents point toward a negotiated exit, the next phase is valuation. This is where many cases get stuck, because each owner has a different idea of what the company is worth and which assets, debts, and goodwill count. Sometimes the parties can agree on a neutral appraiser. Sometimes they cannot, and the fight over price becomes the lawsuit itself.

When negotiation fails, the dispute goes to court, and the strategy shifts. Early motions often matter most: a request to freeze assets, to stop a partner from moving funds, or to preserve the books and records. Once those protections are in place, the case moves toward either a court-supervised buyout, dissolution, or a trial on the underlying claims. Many cases settle in mediation along the way, and our attorneys are experienced in mediation and arbitration as well as courtroom litigation.

Why Choose the Andrew M. Schwartz Legal Team for a Business Divorce

The Andrew M. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida courts since his admission to The Florida Bar in 1989. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His career has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders.

Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. That federal experience matters in South Florida, where some ownership disputes end up in the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach among other locations.

The firm works as a true legal team, so everyone on your matter knows the file and can answer when you call. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable, and we schedule conference calls at times that work for everyone involved. In Andrew’s experience, clients who first ask for a hyper-aggressive lawyer usually want something different: a lawyer who acts as the situation requires, uses finesse when finesse will do, and keeps legal fees in proportion to what is actually at stake.

As proof of what trial work looks like at this firm, a Broward County Circuit Court judge issued a 32-page final judgment on May 15, 2024, after a five-day bench trial, awarding our client specific performance of a commercial real estate contract. A significant part of our practice also comes from referrals by other attorneys, including out of state lawyers whose clients have disputes in Florida.

Situations That Lead Davie Owners to Seek a Business Divorce

• Deadlocked Management: Two equal owners, or two blocs of owners, cannot reach a decision on hiring, spending, or direction, and the company stops functioning. Florida’s LLC statute treats an unbreakable deadlock that threatens irreparable injury as one ground for judicial dissolution.
• Buyout and Valuation Fights: One owner wants out, or wants the other out, and the sides disagree on price. For corporations, Florida law lets the company or the other shareholders elect to buy out a petitioning shareholder at fair value, and if the parties agree on price and terms within 60 days of the first election, the court enters an order on those terms.
• Missing or Diverted Funds: Unpaid distributions, personal expenses run through the company, commingled accounts, or a manager who cannot explain where the money went. Claims often include an accounting, breach of fiduciary duty, and recovery of funds, sometimes with emergency relief.
• Breach of Operating or Shareholder Agreements: A partner ignores a buyout clause, a transfer restriction, a non-compete, or a required vote. These cases turn on the exact wording of the agreement and how the owners actually behaved.
• Minority Owner Squeeze-Outs: A majority owner cuts a minority member out of decisions, information, or distributions. Florida law allows court intervention where controlling owners are acting illegally or fraudulently, or where company assets are being wasted or misappropriated.
• Family Business Conflicts: Siblings who inherited a company together, parents and children with different visions, or spouses and in-laws sharing ownership. These cases carry emotional weight, and we handle them with discretion while protecting the client’s financial position.
• Co-Owned Real Estate Held by the Business: Former partners who still hold property together may need a partition action, in which a Florida court divides the property or orders its sale and splits the proceeds, or a quiet title action to resolve competing ownership claims.
• Abandoned or Failing Companies: A shareholder in a corporation that has stopped operating but never wound down can ask a court to order dissolution and liquidation.

What to Do If Your Business Partnership Is Coming Apart

Start by gathering documents, because they set the boundaries of everything that follows. Pull together the operating agreement or shareholder agreement and every amendment, the articles filed with the state, recent tax returns, bank and credit card statements, financial statements, loan documents, and any emails or texts in which owners discussed money, authority, or an exit. If you have access to the company’s accounting software or bank portals, preserve what you can see now. Do not delete anything, and do not take records you are not entitled to, because that can hand the other side a counterclaim.

Next, pay attention to deadlines, since several different clocks may be running. A claim founded on a written agreement generally must be filed within five years under Florida law, while an oral or implied contract claim has four years. A fraud claim has four years from discovery, capped at 12 years. A specific performance action carries a one-year period, which surprises people. Professional malpractice claims, for example against an accountant or lawyer who mishandled the company’s affairs, run two years from when the problem was or should have been discovered. Which period applies depends on how your claims are framed, so do not assume you have time.

Be careful about what you do inside the company while the dispute simmers. Continuing to meet your duties as a manager or member helps your position, while locking another owner out, draining accounts, or making unilateral deals can hurt it. If you believe money is being moved or spent, say so to your lawyer early, because Florida courts can issue temporary and permanent injunctions and, after a hearing, appoint a receiver or custodian to protect a company during a dissolution case.

On venue, a Davie company dispute will usually be filed in the Seventeenth Judicial Circuit, which sits in and for Broward County. Broward has a complex business division that handles matters such as the dissolution of certain business entities and large business litigation, and cases can be filed directly into it under the circuit’s administrative order. If the company or property also has ties to Palm Beach County, the Fifteenth Judicial Circuit may be involved. County civil courts handle smaller claims, but business divorces involving real company value belong in circuit court. Where federal jurisdiction applies, the Southern District of Florida covers both counties.

Finally, talk to a lawyer before you send an angry email, change the locks, or sign a buyout offer. A first conversation often reveals that the agreement already contains a path, such as a deadlock sale provision, that is quicker and cheaper than a lawsuit.

Court-Ordered Dissolution, Buyouts, and Receivers in Florida

When owners cannot separate on their own, the court has more tools than many people realize. For an LLC, a manager or member can ask the circuit court to dissolve the company on grounds that include conduct of the business unlawfully, the impracticability of operating under the articles and operating agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets that causes injury, or a deadlock with threatened irreparable harm. The court may also appoint a receiver or custodian, or order the purchase of the petitioning member’s interest, once the petitioner shows the case has sufficient merit.

One wrinkle: if the operating agreement already contains a deadlock sale mechanism and one owner starts it before the court finds a deadlock, that contractual process generally controls instead of a dissolution order. That is one reason the documents deserve a careful read before anyone files.

Corporations follow a parallel but distinct track. A shareholder can ask the circuit court to dissolve a corporation on statutory grounds, including when the business has been abandoned and not wound down. Within 30 days after a shareholder starts such a proceeding, the corporation must notify the other shareholders that they can avoid dissolution by electing to buy the petitioner’s shares at fair value. That election is irrevocable unless the court finds it equitable to modify it. While the case is pending, the court can issue injunctions, appoint a receiver or custodian, and otherwise preserve corporate assets.

The practical point is that dissolution is often leverage rather than the end goal. Many clients want to be paid fairly and leave, or want the other side to leave. Knowing the court can force a sale, a buyout, or a wind-down often moves a stalled negotiation.

Common Questions About Business Divorce in Davie

What exactly is a business divorce?

It is the separation of co-owners of a company, whether they hold interests as partners, LLC members, or shareholders. It can end in a negotiated buyout, a sale of the business, a structured wind-down, or court-ordered dissolution when the owners cannot agree.

Can I force a partner out of my Florida LLC?

It depends on your operating agreement and the partner’s conduct. Many agreements include buyout, expulsion, or dissociation provisions. Florida law also provides remedies when a member has engaged in serious misconduct or the company can no longer function. A lawyer should review the agreement before you act.

What if my partner is taking money from the company?

You may have claims for breach of fiduciary duty, an accounting, conversion, and recovery of funds. In urgent cases, a court can issue injunctive relief to stop assets from being moved or spent while the dispute is pending.

Do I have to go to court to end a business partnership?

No. Many disputes resolve through negotiation, mediation, or arbitration, and many operating agreements require one of these steps first. Litigation becomes necessary when a partner will not cooperate, hides information, or threatens company assets.

How is the company’s value determined in a buyout?

Your agreement may set a formula or require an appraiser. If it does not, the parties can agree on a neutral valuation professional, or a court can resolve the dispute. For corporations, the statute uses fair value for a petitioning shareholder’s shares.

How long do I have to file a claim against a business partner?

It depends on the claim. Written contract claims generally have five years, oral or implied contract claims four years, fraud four years from discovery with a 12-year cap, and specific performance only one year. Professional malpractice claims have two years from discovery.

Can I be bought out if I am only a minority owner?

Possibly, and in some cases you can be the one who starts the process. Minority owners with a statutory ground, such as misappropriation of assets or illegal or fraudulent conduct by those in control, can seek dissolution, a buyout, or other remedies from the court.

What happens to the business while the case is pending?

Usually it keeps operating. If assets are at risk, a court can order injunctions, and after notice and a hearing, appoint a receiver or custodian to protect the company. Part of our work is keeping the company running so the value you are fighting over does not disappear.

Which court would hear a Davie business divorce, and how long does it take?

Most are filed in the Broward County circuit court, and complex business matters can be handled in its complex business division. Timelines vary widely. A case that settles in mediation can finish in months, while a contested trial can take considerably longer. An early injunction or valuation agreement often shortens the road.

My business partner and I are family. Does that change anything?

The law is the same, but the strategy is not. Family disputes often benefit from discretion, early mediation, and creative structures, such as a staged buyout, that preserve the relationship where possible. We protect your financial interests while staying alert to what the family dynamics require.

I live in New York or New Jersey. Can you handle a Florida business dispute for me?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida. We handle the local court appearances and keep you informed so you do not have to travel for every hearing.

Serving Business Divorce Clients Across Broward and Palm Beach Counties

From Davie, our team represents owners throughout Broward County, including Fort Lauderdale, Plantation, Sunrise, Weston, Cooper City, Southwest Ranches, Hollywood, Pembroke Pines, Miramar, Lauderhill, Tamarac, and Coral Springs. We also serve clients in Deerfield Beach, Pompano Beach, and the other communities along the county’s coast and western edge.

Our work extends north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Wellington, and West Palm Beach, and throughout South Florida generally. Many of our clients live elsewhere but share ownership of a company or property here, and we represent owners from New York, New Jersey, and Connecticut as well as attorneys who refer matters from outside Florida. Wherever the company operates, the same questions apply: who controls it, what it is worth, and how the owners separate.

Talk With a Davie Business Divorce Lawyer Before the Dispute Hardens

If you are a partner, member, or shareholder whose business relationship is breaking down, the choices you make in the next few weeks often shape the outcome. A Davie business divorce lawyer at the Andrew M. Schwartz Legal Team can review your agreements, explain what a court could order, and help you decide whether to negotiate, mediate, or file. Call our team to schedule a consultation and talk through where you stand.