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With the divorce rate in the United States hovering around 50%, the news media filled with daily reports of violent relationships, and doctors reporting illness caused be stressful relationships reaching an all-time high; it is time to think about how to avoid bad relationships. While it is true some good relationships go bad over time, most ...
Managing stress and anxiety during a family law case can become a serious issue. Depending on the type of case will, to a certain extent, determine the level of stress and anxiety and the manner in which they are handled. If minor children are involved the level of concern is higher and the need for careful planning for managing stress and an...
Divorce, for many, is a financially devastating experience. All financial information from past to present—including bank statements, credit card charges, business dealings, property ownership, assets, debt accumulation, trip and vacation expenses, incomes, and expenses—must be fully disclosed for both sides to see. Ideally, a couple will...
Who gets the dog, or any other treasured pet, when there is to be a divorce? One would think that, since most pets are treated as a part of the family, the courts would also consider them as such. This would mean that visitation rights or timesharing rights, as time spent with minor children is now referred to, would be granted by the courts ...
PEACE (parenting plan, equitable distribution, alimony, child support, everything else like attorney fees) As with most official situations involving a series of issues, when it comes to dissolution of marriage (divorce) the court will have an order to determine the outcome of resolutions in question. In Florida, there is an acronym, PEACE...
“How do I choose a lawyer?” Is a question many people ask at some time in their life. It seems today that “going to court” for one reason or another is an everyday happening for a myriad of issues. In the United States crime rates are high, divorce rates hover near 50% and suing someone,or some organization has become the way to right...
There are sometimes, during the hearing of a case before a judge, when it necessary to use an expert witness. According to The Legal Dictionary.com. an “expert witness is a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been witness to any occurrence relating to the lawsuit or...
Everyone wants their court case to be finished with the judge’s ruling finalized as soon as possible. Quickly is unheard of in the legal world but in many instances there are causes for delays Cases which of course add time to arriving at the final judgment. Here are some of the most frequent reasons for a delay: In most jurisdictions ...
To advocate, according to Black’s Law Dictionary, is “one who assists, defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly admitted to practice, which assists his clients with advice, and pleads for him in open court….” Taking this d...
According to US Legal, Inc. the definition of legal ethics in Family law “is the minimum standards of appropriate conduct within the legal profession. It is the behavioral norms and morals which govern judges and lawyers. It involves duties that the members owe one another, their clients, and the courts.” These issues of ethics include...
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, bri...
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 s...
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 di...
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 s...
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 ...
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 prove...
Buyer’s remorse, as defined by Wikipedia, is “the sense of regret after having made a purchase. It may stem from fear of making the wrong choice, guilt over extravagances, or a suspicion of having been overly influenced by the seller.” Similarly, in legal matters, a person may experience buyer’s remorse after signing a settlement agre...
Definition of “reunification” as found in the online Dictionary: “To cause (a group, party, state, or sect) to become unified again after being divided.” Definition of “therapy” by the American Psychological Association” “Therapy is a treatment for psychological problems in which the therapist and clients work together to u...
For many people the terms judge and magistrate are thought to mean the same thing. This is by no means correct. While it is true both terms denote jurisdictional functions, there are a variety of differences between a judge and a magistrate including how they arrive at their title, how long they will hold the title and what functions they are...
Florida Family Law is Concerned With the Moral Fitness of a Minor Child’s Parents One could ask what business does the law have in determining what goes on in the private lives of a minor child’s parents. Florida Family Law says there are many areas of a parent’s private life that will directly affect the care and nurturing of childr...
The very word “profession’ denotes there is supposed to be professionalism around somewhere, but where is the somewhere? Unfortunately, due to much unprofessional behavior among lawyers over the years, it is a joke in some circles that there probably isn’t a lawyer left practicing professionalism. This of course isn’t true and hopeful...
No Duty To Pay For College, Car Etc. What does “duty” mean when it comes to paying for your children’s needs? First, let’s look at the legal definition for “duty”, the one found online at Black’s Law Dictionary: “In its use in Jurisprudence this word is the correlative of right. Thus, whenever there exists a right in any pe...
To begin with, let’s take a look at just what “legal advice” is. Going online it is interesting to note there are numerous definitions from a wide variety of sources. Each definition has similarities but there are some subtle differences. The following are several of the most complete: Wikipedia: “the giving of a professional or fo...
One of the most important and most difficult aspects of determining the final outcome of a dissolution of marriage (divorce) in the State of Florida is deciding on the income allotted to each spouse. This amount, will of course, determine how much spousal support (alimony) will be paid/received and, if minor children are involved, how much ch...
In plain English, voluntary underemployment is when an individual chooses to not work for pay or to work at a job that does not reflect that person’s skills, abilities, or education. But why would this make a difference in a Family Law case involving child support or alimony? As long as a person is managing on the income available to them, ...
A Marital Settlement Agreement, as defined by Nolos Plain English Law Dictionary is “The document that sets out the terms of a divorce settlement between two spouses. The marital settlement agreement (MSA) is usually incorporated into the final judgment so that it has the force of a court order.” Areas covered in a MSA include division of...
In almost all instances, when a couple is going through a disillusion of marriage (divorce) probably the most contested and important item is the financial outcomes which will largely determine the future of each spouse. While it is true parental timesharing (custody), when there are minor children involved, probably ranks the highest concern...
The opinion presented in this blog is representative of Family Law Attorney Grant Gisondo who practices in West Palm Beach, Florida. Questions were asked to Dr. Julia Meldau, Ed. D, majoring in Child and Youth Studies, who has worked professionally with young children for many years both as teacher and school administrator. There were numerou...
While, in most instances, someone who is to be a witness at a trial Forensic Accountants and Psychologists must have, by the use of one or more of their five senses, experienced some aspect of the case they will be testifying for. There are however exceptions and these people are called “expert witnesses”. An expert witness is defined as...
Settling, in the legal sense, refers to deciding that the outcomes desired to culminate a case, such as a divorce, have reached the place where no more can or should be done to litigate the issues under consideration. At this point, be it at mediation or in an attorney’s office, a settlement agreement will be executed then presented to...
