North Palm Beach Business Divorce Attorney

When two co-owners of a North Palm Beach company stop speaking except through email, the business usually keeps running on inertia for a while, and then payroll, vendor approvals, or a bank signature card forces the question of who actually controls the company. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families across Palm Beach County and Broward County, and a North Palm Beach business divorce attorney from our team can help owners work out whether the company can be saved, sold, bought out, or dissolved.

A business divorce is rarely a single event. It tends to unfold in stages: a disagreement over money or direction, a standoff where neither side can act, a demand for books and records, and finally a choice between a negotiated separation and a court case. Florida’s LLC and corporation statutes give owners real tools at each stage, but the tools only work if they are used in the right order and under the right agreement. Much of the outcome is decided by what the operating agreement or shareholder agreement says, and by how early the owner acts.

Because the Fifteenth Judicial Circuit sits in and for Palm Beach County, a dispute over a North Palm Beach company is generally heard in that circuit. Many of our clients also hold interests that touch Broward County, and some live in New York, New Jersey, or Connecticut while their partners operate here. What follows is a practical look at how these cases develop and what an owner can do at each point.

Why Choose the 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 most difficult business and real estate disputes, serving clients in North Palm Beach, West Palm Beach, Boca Raton, Fort Lauderdale, and throughout Palm Beach County and Broward County. Business divorce, partnership and member disputes, complex contract litigation, and disputes over missing company funds make up the center of the practice. Clients are partners, LLC members, shareholders, and minority owners, and many are family members who also happen to co-own a company.

Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. That matters when a dispute has a federal angle or when a case may move between courts.

The firm practices as a true legal team, so everyone working on a matter knows the file and can answer when a client calls. There is a strict 24 hour return call policy when we are in court. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits the client’s goals and budget rather than stretching a case out for its own sake.

On the trial side, after a five-day bench trial the Broward County Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That kind of result reflects the preparation these cases require: close attention to the wording of the agreement and the history of how the parties actually dealt with each other.

Situations That Lead North Palm Beach Owners to a Business Divorce

• Deadlocked Management: Two 50 percent owners, or a manager-managed LLC with evenly split votes, cannot approve a budget, hire, or lease. Florida’s LLC statute treats a deadlock that cannot be broken and that threatens irreparable injury to the company as a ground for judicial dissolution.
• Buyouts and Valuation Fights: One owner wants out, or the others want to remove one owner, and the parties disagree about what the interest is worth. Valuation turns on the agreement’s formula, the company’s financial records, and whether discounts apply.
• Breach of Operating or Shareholder Agreements: A partner ignores transfer restrictions, bypasses required consents, or diverts opportunities the company should have received. These claims depend on the precise language of the document.
• Breach of Fiduciary Duty: A manager or controlling owner pays himself or herself, favors a related company, or freezes out a minority owner. Remedies can include damages, an accounting, and removal from control.
• Missing or Diverted Funds: Unpaid distributions, commingled accounts, disputed capital contributions, and managers who cannot explain where money went. Florida law allows a court to find that assets are being misappropriated or wasted as a ground for dissolving an LLC.
• Family and Friend-Owned Businesses: Siblings who inherited a company, parents and children with different plans, or spouses and in-laws sharing ownership. These cases carry personal weight and call for discretion alongside firm financial protection.
• Jointly Owned Real Estate: When the business owns or co-owns property, the end of the partnership often leads to a partition action or a title dispute alongside the corporate case.

What an Owner Should Do While the Dispute Is Still Fresh

The most valuable early step is to find and read the governing documents: the operating agreement for an LLC, or the shareholder agreement and bylaws for a corporation. Many of them contain buyout formulas, deadlock procedures, dispute resolution clauses, and notice requirements that decide what happens next. Florida’s statutes recognize a deadlock sale provision in an agreement and, if one is properly started before a court finds that deadlock grounds exist, it can take the place of a judicial dissolution order. Using or missing that provision can change the entire case, so it is worth knowing before you take any step.

Next, gather records while you still have access: tax returns, bank and credit card statements, general ledgers, capital contribution records, loan documents, leases, and emails or texts that show how decisions were made. If you believe money is leaving the company, do not confront the other owner first. Document what you can see, and speak with counsel about whether a demand for books and records or emergency relief makes sense. Courts can issue injunctions and appoint a receiver or custodian in these cases, and in an LLC dissolution proceeding the court must hold a hearing, after notifying the parties and any interested person it designates, before appointing a receiver or custodian.

Timing matters because Florida limitation periods run on different claims at different speeds. A claim founded on a written instrument has five years, a claim on an oral or implied contract has four, and a fraud claim has four years from discovery with an outer limit of 12 years. A request for specific performance carries a one-year period. These are not interchangeable, and a business divorce often includes several claims with different clocks, so an early review protects options that would otherwise lapse.

Where the case is filed depends on the size and nature of the dispute. Business divorce cases with significant value generally belong in circuit court, and in Palm Beach County that is the Fifteenth Judicial Circuit, which handles its civil work through the main courthouse in West Palm Beach and has a North County Courthouse in Palm Beach Gardens, close to North Palm Beach. If a related property or a co-owner connects the dispute to Broward County, the Seventeenth Judicial Circuit sits in and for that county and operates a complex business division that handles matters such as the dissolution of certain business entities and large business litigation. The Southern District of Florida also holds court in West Palm Beach and Fort Lauderdale when a dispute has a federal basis.

Finally, avoid the common mistakes: moving money out of company accounts on your own, locking a partner out without authority, ignoring the agreement’s notice and mediation requirements, or signing a “temporary” arrangement that quietly changes your rights. Each of these can hand the other side an argument. A calm, documented approach almost always leaves an owner in a stronger position than a sudden confrontation.

How LLC and Corporate Dissolution and Buyout Cases Actually Unfold

Most business divorces begin with correspondence rather than a complaint. Counsel exchanges demands, requests records, and tests whether the other side will negotiate a buyout. A large share of disputes settle at this stage, often at mediation, because both owners have more to lose from a frozen or destroyed company than from a compromise. When settlement is realistic, we focus on structure: who buys whom, how value is set, how it is paid, and what happens to personal guarantees, leases, and customer relationships.

If talks fail, the case moves into court. For an LLC, a member or manager can ask a circuit court for judicial dissolution on grounds that include deadlock with threatened irreparable injury, the impracticability of carrying on in line with the operating agreement, illegal or fraudulent conduct by those in control, and misappropriation or waste of assets. On a showing of sufficient merit, the court may appoint a receiver or custodian, or order the purchase of the petitioning member’s interest. That second remedy matters: dissolution is often the threat, and a court-supervised buyout is often the result.

Corporations follow a parallel track with its own mechanics. A shareholder may petition for dissolution on the statutory grounds, and the corporation, or if it does not act, one or more shareholders, may elect to purchase the petitioner’s shares at fair value. 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 may avoid dissolution by electing to buy. An election to purchase is irrevocable unless the court finds it equitable to set it aside or change it. Throughout, the court can enter injunctions and take steps to preserve company assets.

These cases move faster when the facts are organized early and slower when records are missing or the parties are hunting for a second front. Where a company owns real estate, a related partition or title action may run alongside the corporate case. Florida’s partition statute lets a court divide property or, if division cannot be made fairly, order a sale and distribute the proceeds, and special rules apply when the property qualifies as heirs property. A coordinated plan across these proceedings keeps one case from undermining another.

Questions North Palm Beach Owners Ask About Business Divorce

What is a business divorce?

It is the separation of co-owners of a company, whether they are partners, LLC members, or shareholders. It can end in 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 partner out of my Florida LLC?

That depends on your operating agreement and on what the partner has done. Many agreements include buyout, expulsion, or dissociation provisions, and Florida law provides court remedies for serious misconduct or when the company can no longer function. An attorney can read your agreement and explain which route is realistic.

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 the funds. In urgent cases a court can issue injunctive relief to stop assets from being moved or spent while the dispute is pending.

Does a business divorce always end up in court?

No. Many are resolved through negotiation, mediation, or arbitration, and some agreements require those steps before suit is filed. Our attorneys handle both settlement and trial, so the path can follow your goals.

Which court would hear a dispute over a North Palm Beach company?

Significant business disputes are generally filed in circuit court, and the Fifteenth Judicial Circuit sits in and for Palm Beach County. Disputes involving Broward County property or parties may fall under the Seventeenth Judicial Circuit, and a federal court may be available when there is a federal basis for jurisdiction.

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

It varies by claim. A claim founded on a written agreement has five years, an oral or implied contract claim has four, and a fraud claim has four years from discovery with a 12-year outer limit. Because one dispute can include several claims, an early review of the dates is important.

What if our operating agreement has a deadlock sale clause?

Florida law gives effect to a properly initiated deadlock sale provision, and if it is started before a court finds deadlock grounds, it can apply instead of a judicial dissolution order. Whether and how to trigger it is a strategic decision worth making with counsel.

Can I stop my partner from selling company assets while the case is pending?

Often, yes. Courts can issue temporary injunctions, appoint a receiver or custodian after a hearing, and take other steps to preserve company assets. The request has to be supported by evidence that the assets are actually at risk.

My partner is also a family member. Does that change anything legally?

The legal standards are the same, but the practical approach is different. Family disputes call for discretion, careful communication, and often a bias toward a negotiated separation, while still protecting your financial position at each step.

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

Yes. We regularly represent clients from those states whose business partners or co-owners are in South Florida. We handle the local court appearances and keep you informed so you do not have to travel for every hearing.

Do you work with other attorneys on referred cases?

Yes. A significant part of our practice comes from other lawyers, including out of state attorneys whose clients have Florida disputes. We keep referring counsel informed and respect their relationship with the client.

Is it worth hiring a lawyer if I only want to be bought out quietly?

Often it is, because the terms of a buyout, including valuation, payment structure, and release of personal guarantees, are difficult to fix later. Counsel can also tell you whether your agreement already sets a price formula you can use.

Serving North Palm Beach Business Divorce Clients Across South Florida

Further south in the county, we work with owners in Boynton Beach, Delray Beach, Lake Worth Beach, Wellington, Royal Palm Beach, and Boca Raton. Clients from these communities come to us with disputes involving medical practices, marine and trade businesses, professional firms, restaurants, and real estate holding companies.

Our reach continues into Broward County, where we serve owners in Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, and other communities, including those whose companies or properties span both counties. We also represent clients from New York, New Jersey, and Connecticut who hold business or real estate interests in South Florida and need a local attorney to handle court proceedings on their behalf.

Speak With a North Palm Beach Business Divorce Lawyer About Your Company

If your partnership is at an impasse, or if you suspect a co-owner is working against the company, the sooner the agreement and records are reviewed, the more choices you keep. A North Palm Beach business divorce lawyer from the Andrew M. Schwartz Legal Team can walk through the governing documents, explain whether a buyout, a sale, or a court case is the realistic path, and tell you what each would likely involve. Call our team to schedule a consultation and discuss where your company stands.