Can I add a company to divorce proceedings?
Can I add a company to divorce proceedings? Yes, in fact a company was added to a divorce proceedings. A trial court has authorization to add a company to divorce proceedings in order to ensure party was afforded complete relief in equitable distribution of assets. Here’s the case:
A Wife and Husband were married in 1981. In 1988, the Husband and his two brothers formed a general partnership called SJV #1. Wife filed her divorce action in 2007. Pursuant to a Standing Order for the Tallapoosa Judicial Circuit, “all parties in each divorce or domestic relations case are enjoined and restrainted from selling, encumbering, contracting to sell, or otherwise disposing of … any of the property belonging to the parties” unless such a transaction is conducted in the ordinary course of business”.
In 2008, Husband and his brothers formed SJV #2, a company inwhich Husband held a one-third interest. In 2008 SJV #1 transfered to SJV#2 real preoprty valued between $3.2 and $4.6 million. Wife filed a motion to add SJV#2 as a party to the pending divorce proceedings. the trial court found the SJV#2 should be added to the proceedings “not [as] an indispensable party, but [as] a party needed for a full and complete adjudciation.
The Georgia Supreme Court held that the trial court was autorized to add SJV#2 as a prt in order to ensure that Wife might be afforded complete relief in the case.