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

Divorce Law News

Grant J. Gisondo, P.A. > Divorce Law News

Equitable Distribution of Marital and Non-Marital Assets in Florida

Division of assets in a divorce, or as it is now termed, a dissolution of marriage, is often considered, after the fate of minor children, the most difficult and heart-wrenching aspect of divorce. Material possessions, as well as property obtained after the marriage, referred to as marital assets, can hold a great deal of sentiment, as well as the feeling that hard-earned money went into obtaining the assets, and each party wants their fair share back. In Florida, the division of marital assets is done in an equitable, not equal, way. In other words, marital assets will be divided to...

What to Do if Your Spouse Won’t Sign the Divorce Papers

Divorce, or as it is now usually termed, dissolution of marriage, is not something most people want to have happen to their happy ever after marriage. In fact, it sometimes happens one of the parties in the divorce does not want the divorce and refuses to cooperate or sign a marital agreement. Each state has statutes determining how divorces are granted and what happens if one party is unwilling to agree to any terms of the divorce. For the purpose of this blog, we will look at the state of Florida. Florida is a no-fault state when it comes to divorce....

Florida – The No-Fault Divorce State

No-fault divorce is now a reality in all states except Illinois and South Dakota. For many years there needed to be a reason, such as adultery or extreme cruelty, for a couple to divorce. Not anymore. If you want a divorce and follow the proper state guidelines to obtain a divorce, you can, without the other person’s consent, obtain one.  For a detailed description of what a no-fault divorce means, the following quote is from the online Legal Dictionary | Law.com: “(dissolution) in which neither spouse is required to prove “fault” or marital misconduct on the part of the other. To...

How Grey Divorce Differs from a Typical Divorce

Grey divorce, what is it? The term grey divorce emerged several years ago when research began to show that while the divorce rate in the United States was finally beginning to move below 50 percent, what was slowing this drop was the significant increase in divorces among those with grey hair, that is generally the over 65 years of age group. At present, statistics show couples divorcing after the age of 50 are responsible for one-quarter of divorces overall, and many of these couples are over the age of 65. What does research show are the main reasons for this...

Why You Need a Good Attorney to Help with a Divorce Mediation

A divorce mediation attorney who is knowledgeable and supportive in helping you navigate a mediation can make a tremendous difference in the positive or negative outcome of your divorce. Each state has its own rules and guidelines regarding divorce and mediation, so this blog will look at Florida, where mediation, before a divorce can be scheduled in court, is a requirement for almost every jurisdiction. First, what is mediation? Mediation is a meeting between the two divorcing persons, each with their attorney and a court-trained and licensed mediator. In Florida, a mediator licensed to mediate is given the title of Licensed...

Bankruptcy and Divorce – How Do They Affect Each Other?

Bankruptcy and divorce are both difficult decisions to consider, and considering them at the same time raises some concerns and questions. Financial concerns are often the focal point of divorce. Research has shown that how to divide marital property, both personal and real estate, has caused more stress and frayed nerves than other aspects of a divorce, with the exception of the ongoing care and nurturing of minor children. As many states, including Florida, use equitable distribution rather than equal distribution, the job of determining what is non-marital and what is marital becomes vital to the process of division of...

Talking Parents vs. Our Family Wizard

All About The “Talking Parents” Communication Website And How It Compares To Florida’s Our Family Wizard Site Raising children with care and nurturing has never been an easy task, no matter how many years you go back in history. The responsibility of seeing to the physical, emotional, mental, and spiritual development of a human child from birth to age l8 and sometimes further can, at times, seem overwhelming. And, when a family is broken for reasons of divorce (dissolution of marriage) or separation, in the case of parenting outside of marriage, any minor child born or adopted by the couple will...

In Florida, Do I have to Pay Child Support If I Have No Visitation Rights?

Yes, if you have been ordered to pay child support, you cannot waive that responsibility. Even if you have no visitation rights, you must still pay your ordered child support. In Florida, child support and visitation rights are two separate issues, one not depending on the other. In fact, if you don’t have visitation rights and are hoping to obtain them if your child support payments are in arrears, a judge will not consider your request. Child support is a court-ordered obligation for any couple who have created a child, whether the parents have married, lived together, or met for a...

Can I Get a Divorce in Florida Even if My Spouse Doesn’t Want One?

The quick answer to the question, can I get a divorce in Florida even if my spouse doesn’t want one? is yes. In Florida, a no-fault state, all that is necessary is that one party needs to plead irreconcilable differences. The other party doesn’t have to agree or sign anything for a divorce to be completed. That being said, the spouse wanting the divorce cannot just walk into court and get one without going through the legal process of obtaining a divorce. Guidelines are the same for both parties wanting a divorce and only one party wanting a divorce. If there...

Why Phone Consultations Are a Bad Idea

It is very likely that sometime during your life, you will need to use the advice and perhaps the representation of an attorney. For many years the Yellow Pages were where you would look for an attorney in your community along with asking for suggestions from family and friends. Not any more. Today the way to look for an attorney involves not only asking family and friends but using the internet and researching several websites. Once you have narrowed your search to, say, three possibilities, you will want to arrange a consultation for the final comparison. Attorneys will offer an...

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