Pompano Beach Business Divorce Attorney

The goal in a breakup between business owners is rarely to win a fight for its own sake. It is to leave with a fair price for your stake, a company that still has value, or a clean exit from an enterprise that has stopped working. The Andrew M. Schwartz Legal Team helps co-owners reach that point, handling business litigation and real estate disputes for clients in Pompano Beach, Fort Lauderdale, and throughout Broward County and Palm Beach County. If you need a Pompano Beach business divorce attorney, we handle partner, member, and shareholder disputes, from negotiated buyouts to court-ordered dissolution.

A business divorce is the separation of co-owners who can no longer run a company together. The path depends on what kind of entity you own, what your operating or shareholder agreement says, and what the other owner has done. An LLC and a corporation are governed by different Florida statutes, with different grounds for dissolution and different buyout mechanics. Getting that distinction right at the start shapes every decision that follows.

Pompano Beach has a working business economy of marine and boating companies, restaurants, contractors, medical practices, and real estate investment holdings. Many of those businesses are owned by two or three people who trusted one another when they signed, often with little in writing about how an exit would work. When that trust fails, the paperwork you do or do not have becomes the most important evidence in the case.

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 some of South Florida’s most difficult business and real estate disputes, serving clients in Pompano Beach, Broward County, Palm Beach County, and the surrounding communities. Founder Andrew M. Schwartz has spent 37 years in litigation, with a career centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986, and received his law degree from the University of Miami in 1989.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. That matters in South Florida, where a dispute may belong in state circuit court or, depending on the parties and claims, in the federal Southern District of Florida.

The firm practices as a true team, so everyone working on your file knows it, and the phones are answered. If we are in court and cannot call back right away, a strict 24 hour return call policy applies. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits your goals and budget rather than stretching a case out for its own sake.

In November 2024, the firm announced a result that reflects the kind of work we do: after a 5-day bench trial, Broward County Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. Cases like that are won on the wording of the agreement and the record of how the parties actually behaved, the same ground on which most business divorces are decided.

Disputes We Handle Between Co-Owners

• Deadlocked Management: Two 50 percent owners who cannot agree on a major decision can freeze a company. Florida’s LLC statute treats an unbreakable deadlock that threatens irreparable injury as grounds for judicial dissolution, and some operating agreements contain their own deadlock sale provisions that may control instead.
• Buyouts and Valuation Fights: Most business divorces end with one side buying out the other. The real argument is the price, including what discounts apply, how goodwill is treated, and whether the books can be trusted.
• Breach of Operating and Shareholder Agreements: Missed capital contributions, unauthorized transfers of interests, violated non-competes, and ignored voting requirements all turn on the exact language you signed.
• Breach of Fiduciary Duty: A manager or controlling owner who self-deals, usurps company opportunities, or runs the business for personal benefit can be held to account through claims for damages and an accounting.
• Missing or Diverted Funds: Unpaid distributions, commingled accounts, and a partner who cannot explain where company money went are among the most urgent disputes. Florida’s LLC law lists misappropriation or waste of assets as a ground for dissolution.
• Minority Owner Oppression: Shut out of decisions, denied information, or frozen out of distributions, a minority member or shareholder may have claims for dissolution or a court-supervised purchase of their interest.
• Family and Friend-Run Businesses: Siblings, parents and children, spouses, and longtime friends who share ownership face control and compensation questions that carry personal weight. We handle these with discretion while protecting your financial position.
• Shared Real Estate: When a business partnership owns property together, the breakup often includes a partition action or a title dispute alongside the company claims.

What to Do in the First Weeks of an Owner Dispute

Start by collecting your documents. Pull the operating agreement or shareholder agreement, articles of organization or incorporation, any amendments, buy-sell provisions, tax returns, bank statements, and the company’s financial records. If you have access to the accounting system, preserve what you can lawfully see before access changes. Do not delete anything and do not take records you have no right to remove; a documented, orderly record serves you far better than a hurried one.

Read what your agreement says about exits. Look for buyout formulas, notice and cure periods, mandatory mediation or arbitration clauses, and any deadlock sale provision. Those clauses can dictate where and how the dispute must be brought. In an LLC, a deadlock sale provision that is initiated before a court finds deadlock grounds can displace judicial dissolution, so timing and sequence matter.

Watch the deadlines. A claim founded on a written agreement generally must be filed within five years, while an oral or implied contract claim has four years, and a fraud claim has four years from discovery, subject to an outer cap of 12 years. A claim for specific performance has a one-year period, which is short enough to catch people off guard. Because the clock for each claim depends on when it accrued, do not assume you have plenty of time.

If money is leaving the company, tell your lawyer immediately. Courts can issue temporary and permanent injunctions, appoint a receiver or custodian after notice and a hearing, and take other steps to preserve assets while the case is pending. Waiting while funds are spent or moved makes recovery harder.

On venue, a Pompano Beach company is typically litigated in the Seventeenth Judicial Circuit, which sits in and for Broward County. Cases above the county court limit are heard in circuit civil court, and the Seventeenth Circuit maintains a complex business division that handles matters such as dissolution of certain business entities and large business litigation. Cases with a Palm Beach County connection fall under the Fifteenth Judicial Circuit. Where federal jurisdiction exists, the Southern District of Florida holds court in Fort Lauderdale and West Palm Beach.

Finally, avoid the common mistakes: confronting your partner by email in ways that create a damaging record, locking them out of accounts without legal footing, stopping your own contributions without checking the consequences, or signing a buyout term sheet before the company has been valued. Talk to a Pompano Beach business litigation attorney before you take a step that cannot be undone.

How Florida Law Ends an LLC or Corporate Partnership

For an LLC, Florida’s Revised LLC Act allows a manager or member to ask a circuit court to dissolve the company on specific grounds. These include conduct of the company’s affairs unlawfully, circumstances in which it is not reasonably practicable to operate under the articles and operating agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets that causes injury, and a deadlock between managers or members that cannot be broken and threatens irreparable injury. Once a petition has sufficient merit, the court may appoint a receiver or custodian or order a purchase of the petitioner’s interest.

Corporations follow a different statute. A shareholder can seek judicial dissolution on grounds that include abandonment of the business without a reasonable effort to liquidate. A distinctive feature is the buyout election: when a shareholder files for dissolution under certain grounds, the corporation, or if it does not act, one or more other 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 election is irrevocable unless the court finds it equitable to modify it. The corporation must also notify the other shareholders within 30 days that they can avoid dissolution by electing to buy.

These statutes give leverage in both directions. A petitioner who files for dissolution may force a negotiation, while the other side may respond with a buyout election that keeps the business alive. During the case, a court can issue injunctions, appoint a custodian, and preserve assets. Shareholder agreements that contain a compliant deadlock sale provision also remain available alongside a dissolution filing.

When the Business and the Real Estate Are Tangled Together

Many Broward County partnerships hold property, whether a commercial building, an investment parcel, or a family property. When co-owners cannot agree, Florida’s partition statute lets a court divide the property or, when division would prejudice the owners, order a sale and split the proceeds in proportion to each owner’s interest. The court appoints commissioners to evaluate whether the land can be fairly divided, and a sale ordered by the court generally requires at least one-third of the purchase price down unless everyone consents to other terms.

Where heirs inherited the property, Florida’s Uniform Partition of Heirs Property Act can apply and adds protections, including limits on partition in kind unless commissioners find division would prejudice the cotenants as a group. Separate from partition, a quiet title action asks the court to resolve competing ownership claims or remove a cloud on title. The complaint generally must trace title back at least seven years unless the court orders otherwise. Our real estate litigation practice handles both, along with failed closings and purchase contract disputes.

Questions About Business Divorce in Pompano Beach

What is a business divorce?

It is the separation of co-owners of a company, whether 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 Pompano Beach LLC?

It depends on your operating agreement and what the partner has done. Many agreements contain buyout, expulsion, or dissociation provisions, and Florida law provides court remedies for serious misconduct or when the company can no longer function. We review your agreement and explain the realistic options.

Do we have to go to court to end a partnership?

No. Many disputes are resolved through negotiation, mediation, or arbitration, and some agreements require those steps first. Our attorneys are experienced in each, and we pursue the path most likely to meet your goals efficiently.

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

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

How is my share of the business valued in a buyout?

Valuation depends on what your agreement says, the type of entity, and the evidence of earnings, assets, and goodwill. In a corporate buyout election, the standard is fair value. Valuation disputes often become the center of the case, so early documentation of financial records matters.

What if our agreement has a deadlock sale provision?

Under Florida’s LLC statute, a deadlock sale provision that is initiated before a court determines that deadlock grounds exist can apply in place of judicial dissolution, as long as it is then carried through. Whether and how to trigger it is a strategic decision worth making with counsel.

How long do I have to sue over a breach of our written agreement?

Five years for a claim founded on a written instrument. Oral or implied contract claims have four years, and some remedies, such as specific performance, carry a one-year period. The right deadline depends on the claim and when it accrued.

Which court would hear my case?

For a Pompano Beach business, usually the Seventeenth Judicial Circuit in Broward County, which has a complex business division for certain large and entity-dissolution cases. Disputes tied to Palm Beach County go to the Fifteenth Judicial Circuit. Some matters can proceed in federal court in the Southern District of Florida.

My partner and I are related. Does that change anything?

The legal claims are the same, but the approach often differs. Family businesses call for discretion and creative solutions, such as structured buyouts, while still protecting your financial interests.

Can I handle this from New York or New Jersey?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut who own South Florida businesses or property. We handle local court appearances and keep you informed so you do not have to travel for every hearing.

Do you work with other attorneys on referrals?

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

Is it worth hiring a lawyer before the dispute becomes a lawsuit?

Often, yes. Early advice can shape how you document the problem, whether a deadlock provision should be triggered, and whether a negotiated exit is realistic. Our outside general counsel program also helps companies address contract and compliance issues before they become disputes.

Serving Business Divorce Clients Across Broward and Palm Beach Counties

We represent business owners in Pompano Beach, including the Hillsboro and Intracoastal waterfront areas, the commercial districts along Atlantic Boulevard and Copans Road, and the industrial areas near the airpark. Our Broward County clients also come from Lighthouse Point, Hillsboro Beach, Deerfield Beach, Coconut Creek, Margate, Coral Springs, Parkland, Tamarac, Lauderhill, Oakland Park, Wilton Manors, and Fort Lauderdale, along with Plantation, Sunrise, Davie, Hollywood, and Weston.

Across the county line, we serve owners in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Palm Beach Gardens, Jupiter, and Wellington. Throughout South Florida, and for clients in New York, New Jersey, and Connecticut with a stake in a Florida company or property, we handle business divorces, partnership disputes, partition actions, and real estate litigation.

Talk With a Pompano Beach Business Divorce Lawyer Today

If you are in a standoff with a co-owner, the decisions you make in the next few weeks can shape the outcome. The Andrew M. Schwartz Legal Team will review your agreement, explain where you stand, and recommend a path that fits your goals and budget, whether that means a negotiated exit or a courtroom. Call us to schedule a consultation with a Pompano Beach business divorce lawyer who knows how these disputes are decided.