Divorce And The Minority Corporate Interest Q A
Q: I am getting divorced, and my husband has a minority interest in a business. Will I have difficutly getting the necessary “discovery,” or information I need to secure my financial rights?
A: While you should seek out a consultation with a lawyer to go over your circumstance, the answer is that you should not have difficulty.
“The argument that discovery into the finances of closely held corporations violates privacy interests is satisfactorily dealt with by means of a protective order. Gerson (at 200, 372 A.2d 374) recognized the possible need for such protection, the court stating that ‘If such an examination threatens the legitimate interests of other shareholders or the corporate entity itself, an appropriate protective order limiting disclosure of such information may be sought.'” Merns v. Merns, 185 N.J. Super. 529, 533 (Ch. Div. 1982).
Therefore, while the information will remain confidential between the court, attorneys and the parties (husband/wife), the informaiton will generally be disclosed and pertinent to your divorce.