Greenacres Business Divorce Attorney

Greenacres sits in Palm Beach County, which means a business divorce filed here lands in the Fifteenth Judicial Circuit, the general jurisdiction court that sits in and for the county. That matters because the dispute is rarely just about who owns what. It is about whether the company keeps operating while the owners fight, and a circuit judge has real tools to manage that. The Andrew M. Schwartz Legal Team handles partnership disputes, LLC member conflicts, shareholder fights, and corporate dissolution for owners in Greenacres and throughout Palm Beach County and Broward County.

If you are searching for a Greenacres business divorce attorney, you are probably past the point of disagreeing politely. Perhaps a co-owner has stopped contributing, or is paying themselves out of company accounts, or the two of you are deadlocked and nothing can be decided. Business divorce is the process of separating co-owners, and in Florida it can end in a negotiated buyout, a sale, a structured wind-down, or a court-ordered dissolution. Which path is open to you depends heavily on what your operating agreement or shareholder agreement says, and on how the other side has behaved.

How a Business Divorce Typically Unfolds in Palm Beach County

Most of these cases begin before anyone files anything. One owner raises a problem, the other pushes back, and the relationship stalls. The first real work is reading the governing documents: the operating agreement for an LLC, or the shareholder agreement and bylaws for a corporation. Buyout formulas, expulsion rights, deadlock provisions, and dispute resolution clauses often decide what is possible long before a judge gets involved.

If negotiation fails, the case moves to the circuit court. In an LLC, a member or manager can ask a court to dissolve the company on specific grounds under Chapter 605, including that the owners are deadlocked and irreparable injury to the company is threatened or occurring, that company assets are being misappropriated or wasted, that controlling members have acted or are expected to act illegally or fraudulently, or that it is no longer reasonably practicable to run the business under its articles and operating agreement. Once a dissolution case has enough merit, the court can appoint a receiver or custodian after a hearing with notice to the parties, or it can order a buyout of the petitioning member’s interest rather than shutting the company down.

Corporations follow a parallel track under Chapter 607. A shareholder can petition for judicial dissolution on statutory grounds, and the corporation, or if it does not act, other shareholders, can elect to purchase the petitioner’s shares at fair value to avoid dissolution. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase on those terms. The corporation must also notify the other shareholders within 30 days after the case begins that they can avoid dissolution by buying the petitioner out. That election is generally irrevocable once made, unless the court finds it equitable to modify it. During the case, a judge can issue injunctions, appoint a receiver, and take steps to preserve corporate assets.

One wrinkle worth knowing: if your agreement contains a deadlock sale provision, such as a buy-sell mechanism, and it is started before the court finds that deadlock grounds exist, that contractual process can take the place of a dissolution order or a court-ordered purchase. Who triggers first can matter.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s difficult business and real estate disputes, serving clients in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County, including Greenacres.

Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He holds an undergraduate degree from Emory University and a law degree from the University of Miami. His career has been built around complex contract disputes, business divorces, and conflicts between partners, LLC members, and shareholders. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience handling business and real estate cases in state and federal courts.

The firm practices as a true legal team, so everyone working on your matter knows the file. There is a strict 24 hour return call policy when attorneys are in court, and scheduled conference calls can be arranged around everyone’s calendar. The firm is experienced in mediation and arbitration as well as courtroom litigation, and it looks for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake. On the courtroom side, the firm recently obtained a 32-page final judgment from a Broward County circuit court after a five-day bench trial, awarding its client specific performance of a commercial real estate contract. That result reflects the kind of detailed, document-driven trial work business divorces often require.

Disputes That Lead Co-Owners to Seek a Separation

• Deadlocked Management: Two equal owners cannot agree on anything from hiring to major contracts, and the company stalls. Florida’s LLC statute recognizes deadlock with threatened or actual irreparable injury as a ground for judicial dissolution, and some agreements supply their own deadlock sale mechanism.
• Buyout and Valuation Fights: Owners agree someone should leave but not on what the interest is worth. Fair value, discounts, and the date of valuation are frequently the most contested issues in the case.
• Diverted or Unaccounted Funds: A partner or manager cannot explain where company money went, or distributions stop reaching one owner. These cases can support claims for an accounting, breach of fiduciary duty, and recovery of funds, and sometimes emergency relief to freeze assets.
• Minority Owner Oppression: A controlling owner freezes out a minority member by withholding information, cutting compensation, or acting in self-interest. Remedies range from a court-ordered purchase to dissolution.
• Breach of Operating or Shareholder Agreements: One owner ignores a consent requirement, a non-compete, a capital call procedure, or a transfer restriction. These disputes often turn on the exact wording of the agreement and the parties’ course of dealing.
• Family Business Splits: Siblings who inherited a company, parents and children with different visions, or spouses and in-laws sharing ownership. These cases carry personal weight and call for discretion alongside firm protection of financial interests.
• Shared Real Estate Held by Business Partners: When former partners co-own property and cannot agree on its future, a partition action asks the court to divide the property or order it sold and the proceeds split. Title disputes and quiet title actions can also arise when ownership claims compete.

What to Do Now if Your Business Partnership Is Breaking Down

Start by pulling together your governing documents: the articles, the operating agreement or shareholder agreement, any amendments, buy-sell agreements, and personal guarantees. Then gather financial records you are entitled to see, including bank statements, tax returns, ledgers, and records of distributions and capital contributions. Keep copies somewhere the other owner cannot reach. Do not take or delete company records you are not authorized to access; that can hand the other side a claim against you.

Avoid moving company money, locking a partner out, or changing credentials in a moment of anger. Those moves are often the first exhibits in the other side’s complaint. If you believe funds are being diverted, speak with counsel quickly, because a court can issue injunctive relief to stop assets from being moved or spent while the case is pending, and that relief is far easier to obtain before the money is gone.

Pay attention to deadlines. A claim on a written agreement generally must be brought within five years, while claims not founded on a written instrument have four years, and fraud claims run four years from discovery subject to an outer limit of 12 years. A claim seeking specific performance carries a one-year period. Because several claims often overlap in a single business divorce, do not assume the longest deadline governs everything.

Where a case is filed depends on the company and the dispute. Cases involving a Palm Beach County business are generally heard in the circuit court in and for Palm Beach County, with civil matters handled out of the main courthouse in West Palm Beach. Disputes with Broward County connections go to the circuit court in and for Broward County, which has complex business divisions that handle matters such as dissolution of certain business entities and large business litigation. Federal court, through the Southern District of Florida, can become relevant when the parties or claims support it, and it holds court in West Palm Beach and Fort Lauderdale. Claims below the county court threshold are heard in county court, but most real business divorces exceed it and belong in circuit court.

Frequently Asked Questions About Business Divorce in Florida

What is a business divorce?

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

Can I force a business partner out of my Florida LLC?

It depends on your operating agreement and the partner’s conduct. Many agreements contain buyout, expulsion, or dissociation provisions, and Florida law provides court remedies when a member has acted illegally or fraudulently, misappropriated assets, or when the company can no longer function. An attorney needs to read your agreement first.

What can I do if my partner is taking money from the company?

Potential claims include breach of fiduciary duty, an accounting, conversion, and recovery of the funds. When assets are at risk of being moved or spent, a court can issue temporary injunctive relief while the case proceeds. Preserve your records before confronting anyone.

Can a court dissolve my LLC if the owners are deadlocked?

Yes, if the members or managers are deadlocked, cannot break the deadlock, and irreparable injury to the company is threatened or occurring. Courts can also choose a lesser remedy, such as a receiver, a custodian, or an order requiring a buyout of the petitioner.

Does my shareholder agreement override a court’s power to dissolve?

Not entirely, but it matters a great deal. A deadlock sale provision that is properly initiated before the court finds deadlock grounds can replace a dissolution order or court-ordered purchase. Filing a dissolution petition on certain grounds also does not strip a shareholder of the right to start an available buy-sell process.

If the company elects to buy my shares, how is the price set?

In a corporate dissolution case, the purchase is at fair value of the petitioning shareholder’s shares. If the sides agree on value and terms within 60 days after the first election is filed, the court enters an order on those terms; otherwise, the court determines fair value. Valuation disputes are often where the real fight sits.

Will the business keep operating during the lawsuit?

Usually yes. Courts can appoint a receiver or custodian, issue injunctions, and take steps to preserve assets while the case is pending, and the aim is often to keep the company intact until the ownership question is resolved.

How long does a business divorce take in Palm Beach County courts?

There is no fixed timeline. A negotiated buyout can close in weeks, while a contested dissolution with a valuation dispute and a trial can take much longer. Early injunctive rulings and mediation often shape how quickly a case settles.

My co-owner and I also own real estate together. Can that be separated too?

Yes. A partition action lets a co-owner ask the court to divide the property or order its sale and divide the proceeds. Courts first consider whether a fair division is practical, and special rules apply if the property qualifies as heirs property.

I live in New York, New Jersey, or Connecticut. Can you handle my South Florida business dispute?

Yes. The firm regularly represents out of state owners with interests in South Florida, handles the local court appearances, and keeps clients informed so they do not need to travel for every hearing.

Does every business divorce have to go to trial?

No. Many are resolved through negotiation, mediation, or arbitration, especially when the agreement requires it. The firm pursues the path most likely to reach your goals efficiently, but prepares as though trial is possible.

Is it worth hiring a lawyer for a small company with two owners?

Often yes, because small companies frequently have thin documentation and personal guarantees, which makes early mistakes costly. A consultation can clarify whether a buyout, a negotiated exit, or a filing is the practical route.

Serving Business Divorce Clients Across Greenacres and South Florida

The firm represents co-owners in Greenacres and the surrounding Palm Beach County communities, including Lake Worth Beach, Lantana, Atlantis, Royal Palm Beach, Wellington, West Palm Beach, Boynton Beach, Delray Beach, Boca Raton, Jupiter, Palm Beach Gardens, and Belle Glade. Moving south into Broward County, the team also serves owners in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, and Hollywood. Clients from New York, New Jersey, and Connecticut who hold business or real estate interests in these areas are also welcome, whether their partner lives here or the company is based here.

Speak With a Greenacres Business Divorce Attorney Before the Dispute Hardens

Early decisions in a partnership breakdown, such as what you document, what you stop doing, and what you ask a court to freeze, often shape the entire outcome. The Andrew M. Schwartz Legal Team can review your agreements, explain your options under Florida law, and tell you plainly whether negotiation, mediation, or litigation fits your situation. If you need a Greenacres business divorce lawyer who knows the Palm Beach County and Broward County courts, call to schedule a consultation.