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A Mediator’s Role in Family Law Cases

Mediation is an alternate form of trying to resolve a dispute with the help of a third party who is referred to as a “mediator”. In the case of Family Law matters, mediation is offered in hopes a settlement between two parties can be reached without having to go to court where a judge will resolve matters and set forth the final decree. In most states this method of negotiation has been successfully used for a number of years and in some states is a requirement before a Family Law matter can be put before the court. The issues often...

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How is Debt Handled in a Florida Divorce?

Debt, is money or services owed to a company, bank, individual, or other organization, usually secured by a signed agreement or contract outlining the terms of repayment both in time and money. Most people have, at one time or another incurred debt and sometimes, as is common in a marriage, incurred debt together, or jointly as it is referred to. When a marriage is going well, debt, though sometimes in contention, is worked out between the two parties. However, when a divorce appears to be eminent, debt will suddenly become a very important issue. While much attention will be focused...

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How to Prepare Financially For a Divorce

Whether your marriage has finally wound down to where both parties realize a divorce is what they both deem necessary or whether your spouse suddenly tells you there is to be a divorce, it is vitally important you begin to think about and plan for the inevitable financial changes the future may bring. Emotions will no doubt be running high, especially if you have not suspected divorce was coming, but to salvage as much as possible for your post divorce life you must immediately begin to plan for the divorce. And, finances will play a huge role in how you...

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Why You Need An Attorney… Even If Your Case Is Uncontested or Simple

In today’s world of seemingly complicated legal maneuvers, it hardly seems possible that a case could be considered simple.Or commonly called, uncontested, when both parties agree completely on all issues to be resolved and adjudicated by the court, but hardly simple. The very definition of “simple” states “simple refers to something that’s easy and uncomplicated, without too many steps.” speaks to a modern day court system which can hardly be found to be “simple”. While it is true some cases are very forthright with all necessary proceedings, paperwork, and desired outcomes neatly tied together; there are still numerous steps to...

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Retroactive Child Support

As each state has their own set of Family Law guidelines (statutes), for the purposes of this blog, guidelines for the state of Florida Child Support Laws, which include retroactive situations, will be used. In Florida Family law, the term “in the best interest of the child” is used frequently and in a sense becomes the goal or mission of the Florida Courts. It is important to note that child support in Florida is a legal requirement for all parents, living or not living together, married, divorced, or never married. When a child is born, unless custody is signed over...

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Hearsay . . .

The most misunderstood objection there is Hearsay, a word that most people hear in movies, and on television, such as judge shows, as well as in many crime or mystery novels where courtroom drama is part of the plot. But what exactly is “hearsay” and just how is it explained and used, or in many cases, not used. The definition of “hearsay” as found in the online legal dictionary, states, “A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted”. These statements can have been made verbally, in writing, or by...

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The Importance of The Family Law Attorney as an Advocate, Counselor, and Advisor

To be able to look at how a Family Law Attorney can be an advocate, counselor, and advisor, it is necessary to determine what areas of law said Family Law Attorney will practice. For the purpose of this blog, a Family Law Attorney with over 10 years experience, Grant Gisondo, will be used as an example. Attorney Gisondo has his practice in West Palm Beach, Florida and serves Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Hillsborough, and Orange counties. He is also licensed in Washington DC and New York. Looking at his areas of practice which include: Divorce or Dissolution of Marriage Child Custody ...

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The UCCJEA

What it means, what it’s for, and how it can protect your family. What it means: The letters UCCJEA stand for Uniform Child Custody Jurisdiction and Enforcement Act. In 1997, due to frequent misuse of parents trying to avoid custody determinations by moving from state to state or even leaving the country, the National Conference of Commissioners on Uniform State Laws put together the UCCJEA to help prevent parents from using unlawful conduct in child custody disputes. The UCCJEA sets forth a set of rules and procedures for interstate and international custody battles. Each state has a section of their state...

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Negotiation in Mediation

Successful negotiation strategies First, it is important to understand what mediation is and what it is not. Legal mediation is a form of alternate dispute resolution where, through the participation of a third party termed a “mediator”, issues needing resolution are presented with the hope of coming to a settlement, making a court hearing unnecessary. While a mediator is not a judge and cannot forcibly resolve issues brought to the mediation table, he or she can facilitate compromise and guide the parties to a reasonable outcome. Studies show that, overall, mediation is faster and less costly than waiting and paying for...

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What Do You Know About Prenuptial Agreements in Florida?

Here’s 10 questions and answers to test your knowledge of prenuptial agreements, you might be surprised! There are many uncertainties about prenuptial agreements. Which ones are true and which ones are false? Take our true or false quiz below to find out more. [vc_accordion][vc_accordion_tab title="1. Any couple can seek a prenuptial agreement • True or False?" open="false"][vc_column_text pl="0" pr="0" pt="0" pb="0"] True • Any couple can have a prenuptial agreement. The key word here is “couple”. Both parties must want (without coercion), sign and have witnessed, and notarized the completed agreement for the prenuptial agreement to be legally binding. [/vc_column_text][/vc_accordion_tab][vc_accordion_tab title="2. You have to be rich to hire...

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