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Grant J. Gisondo, P.A. – Family Law Attorney

Legal Blog

Legal information, news, and more

Dissolution of Marriage During COVID

COVID has and is affecting the way we live our everyday lives. It seems there is no area left untouched by one regulation or another, and Family Court in Florida is no exception. For those couples who are seeking dissolution of marriage (divorce), there have been significant changes in the way things are done in order to complete the process of dissolution. The main thing to be aware of regarding a dissolution hearing is that as of May 21, 2020, an issue was ordered by the Supreme Court of Florida termed the Administrative Order AOSC20-23 Amendment 2. This amendment is in...

Preparing for the Holiday Timesharing-Review

It’s hard to believe that another year, particularly such a difficult one, is fast approaching what is called the “holiday season.” These special times of celebration include Labor Day, Halloween, Thanksgiving, and Christmas. All these events are traditionally family-oriented, and children play a large part in the celebrations. All ages of children, young and old, usually participate, but those children under the age of l8 and those unable to provide for themselves due to physical or mental challenges, have a particularly important role to play. And, of course, it is not unusual for both parents to want to spend these...

Can We Settle the Case Without Attending Mediation?

For a direct answer to the question, “Can we settle the case without attending mediation?” the answer is “yes.” Mediation, according to The Free Dictionary by Farlex, is “a settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreements” For example, mediation is used in Family Law for such cases as dissolution of marriage (divorce), child support, parental timesharing, parenting plan, and modification of alimony, child support, and parental timesharing and parenting plan. In fact, in some states such as Florida, mediation is...

If I Have Equal (50/50) Timesharing, Is Child Support Still Calculated?

Over the past few years, in most states, parental timesharing has taken the place of ordering primary and secondary custody for minor children. Minor children are children from birth to l8 years, and any child past that age who is mentally or physically unable to provide for themselves. Having both parents involved in the care and nurturing of their children has been proven to be highly beneficial to a child’s healthy development. And, the best arrangement is when an equal or 50/50 timesharing agreement is reached. But what about child support? Will there still be a need to calculate child support...

Will the Other Side Be Required to Pay My Attorney Fees?

Paying attorney fees, for most people, is one of the least popular parts of taking a case to a legal professional. And, one of the most asked questions is, “Will the other side be required to pay my attorney fees?” as hopefully getting help with paying attorney fees would be appreciated. In most instances, what is termed “The American Rule” is the standard by which attorney fees are paid? This rule dictates that each side pays its own attorney costs, whether they win or lose a case. But, as with most “rules” in life, there are exceptions which judges may impose...

Can We Settle the Case Without Conducting Discovery?

First, before answering the question asked in the title, it is important to understand the definition of the word “discovery” as it pertains in the legal sense. While it is true discovery means to find out about, investigate, ask questions about, and explore information relevant to a topic, there is a deeper meaning when it comes to preparing a legal case for court. The following definition is found online from upcounsel “The formal procedure used by parties to a lawsuit to obtain information before a trial is called discovery Part of the pretrial litigation process during which each party requests...

Completing a Family Law Case

Family Law consists of a variety of situations that a person or couple cannot resolve by themselves without the help of the legal system. Some of these situations include divorce, modifications, timesharing, child support, division of marital assets, adoption, and bankruptcy. In each of these cases, there will be several considerations which will determine how long it will take to complete the case. Here are the basic issues that will affect the completion of a Family Law case: Hiring an attorney or handling your case yourself: If a case is very simple such as a no-contest divorce where both parties...

Must We Attend Mediation?

Must we attend mediation? If you live in the state of Florida and plan to divorce (dissolution of marriage), have a minor child (child under the age of l8 or a child who is unable to provide and care for him or herself) and are looking to set child support and or timesharing including developing a parenting plan, or are needing to return to court for modification of alimony, child support, or timesharing and the parenting plan, you will need to attend mediation before setting a court date. This is true in almost every Florida jurisdiction. Why does Florida lean so...

What is Income for the Purposes of Child Support (fla. stat 61.13)

Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase "in the best interest of the child." It goes without saying that it costs money to raise a child from birth to l8 years and beyond if the child has special needs and cannot care or provide for themself independently. In Florida Statute 61:13, which you...

Alimony Reform 2020 Was Denied!

Much to the disappointment of many yet the approval of, even more, the Alimony Reform 2020 Bill in the Florida Courts was denied in early March. While this is a significant setback for many, it is not the end as there will be other bills in the future attempting to accomplish much the same thing. For those who aren't sure what the bill was hoping to accomplish, the following summary should help. Fundamentally it was hoped that permanent alimony in Florida would end. Permanent alimony is a type of Florida alimony, usually used when marriages are over l7 years in length,...

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