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

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Grant J. Gisondo, P.A. > Legal Blog

16 August

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Part 2 – What Reasons make Mediation such a good idea for Family Legal Actions involving both Adults and Minor Children?

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

As pointed out in part 1 of this series, most jurisdictions in Florida require a mediation before a court date can be set for a dissolution of marriage (divorce), setting of child support and developing a parenting plan for parental timesharing for unmarried parents, and for post-judgment modification of alimony, child support, and parenting plans. While at first, this may seem unnecessary there are many good reasons Florida has found mediation an excellent precursor and even an alternative to a day in court. For, if a couple can work out their differences themselves and come to an agreement in a...

Why is Mediation an Important Tool in Florida’s Family Law System?

09 August

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Mediation in Florida, a 3 part series

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

Part 1 - What is mediation and what part does the mediator play

Mediation, according to the Legal Dictionary law.com, is “the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result….However, mediation does not always result in a settlement.” As this implies, a mediator is a person trained in conflict management and someone who helps others reach a settlement regarding their opposing opinions. In Florida, most jurisdictions require a mediation prior to setting a court date for a dissolution of marriage (divorce), setting of child support which includes developing a parenting...

02 August

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In Florida, Do I Have to Pay Child Support With 50/50/Equal Time Sharing?

Posted by Grant Gisondo

in Child Support, Family Law, Legal Advice

Essentially, 50/50 equal time sharing and paying child support have little to do with each other except that both involve a couple being the legal parents, either by birth or adoption, of a minor child. Taking a closer look at both 50/50 equal time sharing and paying child support the following is important to note: Equal time sharing: In Florida, except in special cases involving for example drugs or child abuse or domestic violence conviction, the term “primary custody” is no longer used as parents are considered partner in raising their minor children following a divorce, or if never married, a separation....

If there is 50/50 Equal Time Sharing is Child Support Necessary?

26 July

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What is a Subpoena and How is it Used?

Posted by Grant Gisondo

in Family Law, Legal Advice

The word “subpoena” comes from “suppena”, Middle English and “sub poena”, Latin, both meaning “under penalty” It is interesting to note that even though the word has English roots, in England the term subpoena is no longer used but the phrase “written summons” is used instead. Actually, “written summons” is a good, brief description as the definition, according to Wikipedia, is “...

19 July

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Going to Trial and Being Prepared

Posted by Grant Gisondo

in Family Law, Legal Advice

Note: This blog will assume you are being represented by an attorney as self-representation involves a great deal more preparation and most of it of a different sort. It is time to go to court. Usually, there has been a substantial period of time prior to this event in which both you and your attorney have spent many hours researching the appropriate laws, documenting proof, and preparing strategies for taking your case before a judge. While an appeal of a final judgment is often allowed, it is expensive and time-consuming so it is best to plan to make your one day...

Five Ideas to Help You Get Ready for Your Day in Court

12 July

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Choosing the Right Mediator

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

Learn 8 Ways to Help Choose the Right Florida Divorce Mediator

In Florida, most jurisdictions handling contested divorce (dissolution of marriage) require the case to go to mediation before it can be assigned a court hearing date to be heard by a judge. As mediation allows each party, with the help of their attorney, to hopefully be willing to compromise and work out a marital settlement agreement satisfactory to each, it is most important to select a mediator who will work diligently to try to have this happen. It is highly unlikely either party will get all the results they would like, but one of the advantages of a mediation is...

05 July

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All about Guardian Ad Litem

Posted by Grant Gisondo

in Child Support, Family Law, Legal Advice

Guardian Ad Litem (GAL) comes from Latin and, is defined by the online Legal Dictionary as “a unique type of guardian in a relationship that has been created by court order only for the duration of legal action. Courts appoint these special representatives for infants, minors, and mentally incompetent persons, all of whom generally need help protecting their rights in court.” Each state has its own guidelines for using GAL. This blog will use Florida as its example and will focus on the Family Law court's use of GAL for issues such as parental timesharing, developing parenting plans, child support,...

Guardian Ad Litem

28 June

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When is 50/50 Equal Timesharing Proper and When Is it not Proper?

Posted by Grant Gisondo

in Child Custody, Child Support, Divorce Law News, Family Law, Legal Advice

When is 50/50 Equal Timesharing Proper and When Is it not Proper?

As each state has its own laws regarding the care and nurturing of minor children following a separation or divorce of their biological or adoptive parents, this blog will focus on the state of Florida. For many years Florida, as in most states, awarded the custody of minor children to one or the other parent. Children lived with the parent having primary custody and the parent given secondary custody would receive visitation rights which may or may not have included overnights with their child. Decision making usually rested with the parent holding primary custody which often left out the other...

21 June

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2019 Alimony and Tax Laws

Posted by Grant Gisondo

in Alimony, Family Law, Legal Advice

For 75 years tax laws surrounding alimony have stayed the same. This has meant the person receiving alimony would pay taxes on the amount and the person giving alimony could take the amount of alimony as a tax deduction. While this may not seem significant, for those in high-income tax brackets an increase or decrease in taxable income can change the percentage rate on their taxes by putting them in a higher or lower tax bracket. Additionally, the person receiving alimony would not be able to keep the entire amount as whatever percentage of taxes paid would be taken out...

2019 Alimony Tax Laws

14 June

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Managing Client Expectations

Posted by Grant Gisondo

in Family Law, Legal Advice

Learn Ways Client Expectations Can Be Successfully Managed

All clients, no matter the business or professional arrangements have expectations as to how they expect the situation to proceed and what they perceive the final outcome to be. This is certainly true when it comes to working with an attorney. Most clients have preconceived ideas as to how their case should proceed and what they hope for as solutions in the final outcome of their legal journey with their attorney. Of course, the client is not a legal professional and so often doesn’t really understand the procedures and how so many factors can affect the final outcomes. So, it...

07 June

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Who Gets the Dog?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a divorce but neither party wants to give up claim to a treasured dog. Since the movie, public awareness of the “who gets the dog” issue has increased and courts are being pressured into making the guidelines for the...

Are Dogs Given the Same Status as Minor Children in a Divorce?

31 May

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How Long Does It Take to Get Child Support?

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Family Law, Legal Advice

Is it Possible to Know How Long it takes to Get Child Support?

Unfortunately, there is no time frame allotted for getting child support. While the party desiring child support may feel it is an emergency, the legal system has its specified procedures which must be followed before adjudication for child support will be finalized by a judge. Taking a look at the procedures needed to obtain child support will help to show why there is no set time limit for obtaining a judgment. Too, each state has its own set of guidelines for obtaining child support and these can be found in the State Statutes. So, for this discussion, the state of...

24 May

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How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

In reality, the answer to both questions is “it depends on the complexity of the case, the backlog of the court, competency of representing council, and how fast facts, proof, and witnesses can be appropriated and put together. As each state has their own set of guidelines, as found in their statutes, there is no absolute amount of time prescribed for either the length of time it takes for a divorce or for a paternity agreement. Taking one subject at a time, there are issues which can be at least itemized in sequence, if not in length of time. Taking...

How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

16 May

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Am I Headed for Divorce?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

Six Reasons a Divorce May be in Your Future

How do I know a divorce is likely in my future? There are many signs, some known ahead of time and some that come as horrible surprises, to indicate the likelihood a divorce will happen. Here are 6 of these reasons: You have been served with divorce papers and now have 20 days to answer the petition for dissolution of marriage, the term used in most states for “divorce”. You are certain there has been infidelity. This certainty can come from situations including finding your spouse in bed with another, frequent late nights which turn out to be lied about,...

13 April

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How to Strategically Plan for a Divorce

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

Strategic planning sounds like something one does when fighting a war. And, in truth, many divorces are much like a war, with opposing sides, each trying to win the battle and take home the spoils. Sad as this seems, especially as at one time there was love and the hope of a future lifetime together, it is a reality, for at least 50% of the marriages in the US will end in divorce. So, as in war, it is best to strategically plan, usually and most advisably, with the help of an experienced Family Law attorney. Whether you are the...

How to Strategically Plan for a Divorce

05 April

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Domestication of a Foreign Order (Child Support, Alimony, etc) in Florida

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Family Law, Legal Advice

Domestication of a Foreign Order (Child Support, Alimony, etc) in Florida

The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from place to place every few years or even more often. Jobs move employees, people marry and move with their spouse, or sometimes people just want a change in their environment or a place with better educational opportunities for their children. And, since every state has...

27 March

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Alimony and Standard of Living Factor

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

For alimony, what does the factor “standard of living” during marriage really mean as a factor to determine the amount of alimony? One of the most disputed and controversial aspects of a dissolution of marriage (divorce), is the type and amount of alimony (spousal support) to be awarded to whichever party deserves the support. This is especially true in what is called “high end” or “high earner” marriages. Sometimes millions of dollars are at stake and, while a couple can, and often do, create their own settlement during a mediation prior to a court hearing (in the state of Florida a...

Importance of Standard of Living Factor in Determining Alimony

23 March

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Five Things Attorneys Want to Tell Their Clients

Posted by Grant Gisondo

in Family Law, Legal Advice

Five Things Attorneys Want to Tell Their Clients

You are sitting in an attorney’s office waiting to meet the attorney you are considering or have chosen to represent you in a legal matter, be it civil or criminal. You have a whole list of things you want to tell and ask the attorney and you are even ready to write his or her answers down.The next half hour or so is important and could even change the course of your life. A successful outcome for your issues usually means a great deal to you and you will be counting on the attorney, if at all possible, to make...

08 March

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All About the “Talking Parents” Communication Website and How it Compares to Florida’s Family Wizard Site

Posted by Grant Gisondo

in Child Support, Divorce Law News, Family Law

Even in the best of circumstances surrounding the break-up of a family with minor children, meaningful and polite communication is often difficult to achieve.This is made even more difficult when one of the main reasons the marriage broke down was poor and sometimes volatile communication. While a judge can order reasonable communication it seems there are many instances when reasonable communicating between two parents is just about impossible. There is just too much emotion and often anger involved. So, in many states, “technical” means for the two parties to communicate have been developed. In at least 35 states, for example, there...

Family Wizard Site and Talking Parents Communication Website

27 February

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Part Three: Ways To Help Children Cope With Life After a Divorce or Parent Separation

Posted by Grant Gisondo

in Child Custody, Child Support, Family Law

10 Ways to Be A Successful Parent After a Family Dissolves

Having one’s parents separate whether from within a marriage or a living together arrangement can be, and often is, devastating for children of any age. It is particularly difficult for minor children or those with special needs who depend on parental support and care. In most states, there are guidelines and requirements for post judgment parenting. In Florida, for example, all couples must attend a state approved parenting class before a divorce or child support order can be adjudicated. Furthermore, in Florida, the motto “In the best interest of the child” is applied to decisions made regarding minor children as...

01 February

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Part Two, Parallel Parenting, What is it, and How Does it Compare to Co-Parenting?

Posted by Grant Gisondo

in Child Custody, Child Support, Family Law

As was pointed out in Part One of this three part discussion on parenting after a divorce or relational break-up, that many states, Florida in particular, are firm advocates of both parents taking equal responsibility in the continued raising and nurturing of their children, biological and/or adopted. The term “In the best interest of the child” is used to emphasize how important it is for both parents to put themselves in their children’s shoes and see how it feels and then provide the correct “fit”. Co-parenting, where both parents share equally in decision making regarding education, medical, religious, and disciplinary concerns...

paralell parenting-child custody lawyer

23 January

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The Importance of Co-parenting – Part One

Posted by Grant Gisondo

in Child Custody, Child Support, Family Law

child support

The definition of co-parenting as defined in the online Your Dictionary “is a process where two parents work together to raise a child even though they are divorced or separated and no longer live together. An example of co-parenting is when a divorced mother and father share legal and physical custody of a child.” Couples who have never married or even lived together but still share the birth or adoption of a child are also candidates for co-parenting. In fact, in the state of Florida where Family Law statutes use the phrase “In the best interest of the child” as...

16 January

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Don’t record your spouse without consent

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

It is very tempting to record conversations a spouse is having with someone who can demonstrate that a particular fact is indeed true in regards to a certain situation in a case such as a dissolution of marriage (divorce). For example, in Florida, you might believe your spouse is funneling important marital assets, that are property, real or personal, that were acquired during the marriage and will be part of the equitable distribution following final judgment. The phone rings and as you quietly picks it up the party on the other end, not realizing you are listening outlines plans to...

Record Your Spouse’s Conversation

05 January

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What is Domestic Violence?

Posted by Grant Gisondo

in Domestic Violence, Family Law

Domestic Violence is a Serious Crime With Serious Consequences

Definition as given by The Department of Justice in June of 2017: “We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.” To further expand this definition under Florida law: “Domestic Violence Battery is defined as any actual and intentional touching or the intentional causing of bodily harm to another person when the person is a ‘family or household Member’.” A...

18 December

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Effective Depositions

Posted by Grant Gisondo

First, before determining what an effective deposition looks like, it is important to understand just what a deposition is. In legal terms, as described on the online legal dictionary, a deposition is “The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually at an attorney’s office.” The testimony is taken orally, often under oath, and recorded by a court recorder or tape recorder. When the deposition is finished, the participant will sign an affidavit stating the truth of the information given by the party being questioned by the attorneys asking questions. This information...

Effective Deposition

11 December

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Post Settlement Final Hearing – What to Expect

Posted by Grant Gisondo

in Divorce Law News, Post Judgment

Post Settlement Final Hearing

Before looking at what to expect at a post settlement final hearing it is important to understand when parties would be using a post settlement final hearing. Post settlement means after a settlement has been finalized by the parties in question for their case being adjudicated. In other words, for example, in dissolution of marriage (divorce) when there are no minor children, no jointly owned real property, and all issues including equitable distribution of marital assets and liabilities and alimony have been worked out and the proper paperwork filled out, signed by both parties, notarized and witnessed the action can...

04 December

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Professionalism in the Practice of Law

Posted by Grant Gisondo

in Family Law, Legal Advice

Professionalism: The conduct, aims, or qualities that characterize or mark a profession or a professional person.” Merriam-Webster In many ways, professionalism is the key to determining if a person in the legal profession is truly committed to their client's goals and needs. When looking for an attorney to represent you in any type of legal matter, in addition to the cost, education, and experience, there are a number of things to look for, most of which come under the definition of professionalism. Here are ten of the most important keys to an attorney’s ability to be the legal professional you are...

Family Attorney Palm Beach Gardens

12 November

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Modification or Termination of Alimony

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law

Modification of Alimony

In the state of Florida, certain types of alimony can be modified or changed after a judgment is handed down and there are some instances when alimony can be terminated or stopped altogether. In all cases, there must be proven a material, substantial, and unanticipated (prior to final judgment) change before a case can even be considered. In other words, cause for modification must be serious enough such as a critical illness, winning the lottery, an unavoidable job loss; must have a specific time and or monetary value; must not have known to occur prior to the judge’s decree such...

06 November

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How to Impeach a Trial Witness

Posted by Grant Gisondo

in Impeachment, Legal Advice

Definition of “impeachment of a witness” from Black’s Law Library: “where the believability of a witness is questioned that is based on the testimony of other witnesses.” Believability in a courtroom refers to whether a witness is speaking the truth. While most persons will be truthful, there are exceptions and if it can be proven by any party that the witness is not likely telling the truth, the witness will be impeached and their testimony will not be admissible in the court proceedings. The key word is “proven” and both the defense attorney and the prosecuting attorney have the right to...

Impeachment of a witness

24 October

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Appraisals and How They Are Useful in Valuing Marital Property and Assets

Posted by Grant Gisondo

in Divorce Law News, Family Law, Laws and Women

Use of an Appraisal in Marital Property and Assets

An appraisal is determining the accurate value of something. This is done by using a person who is trained and qualified to appraise and is licensed to carry the title “appraiser”. Probably the most common use of an appraiser is to determine the value of a home or piece of property for someone hoping to buy or sell. Other items such as high-end electronics and furniture, valuable jewelry, antiques, used vehicles, boats, and planes, and old memorabilia are also frequently brought to an appraiser to determine their value for sale or for insurance purposes. Another important use of an appraisal...

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