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

Divorce Law News

Home > Divorce Law News

What is a No-Fault Divorce?

According to Wikipedia, the definition of no-fault divorce is “a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.’ For many years there needed to be a reason such as proven adultery, abuse, abandonment, or mental cruelty for a couple to obtain a divorce. Now, in every state, including Washington...

How to Prepare for When the Divorce is Over

Divorce, or dissolution of marriage as it is termed in modern times, is never an easy or pleasant experience. In most cases, life, as it has been, will be disrupted and changed. Both parties, whether either wants the divorce or not, will be faced with a different way of doing things during the proceedings and even more so once the divorce is over. Fortunately, even in the best of circumstances, a divorce takes time to become final and thus allows a person time to prepare for what lies ahead. While no one wants to plan a future with so much...

Factors for the Calculation of Child Support

In the state of Florida, the awarding of child support is mandatory whether the parents have been married or even have lived together. When paternity is proven, a child is born during a marriage, ora child legally adopted, the issue of calculating child support will become a part of a dissolution of marriage (divorce), separation of parents, or when a child is born to a couple. Child support can also be given to a third party who is given legal custody of a minor child when the court rules neither party is able to parent effectively. A side note, child...

Save Those Text Messages: Electronic Evidence

Electronic evidence is fast becoming a vital part of testimony in a courtroom. In fact, cases have been lost or won on the basis of electronic evidence. These facts may sound scary, especially to those over 60, but they are a reality and must be taken seriously. Evidence, once it has been authenticated, can be used in the court. However, if a judge deems that the e-mail or phone text message is not able to be authenticated, or is hearsay, the resulting messages will be ruled inadmissible. So what precautions should a person take to avoid having electronic evidence tossed...

The Dangers of Not Following Your Lawyers Advice

As with any situation where you have asked for advice and then decide not to follow it, there will usually be consequences. The effect of not following your lawyer’s advice, however, can really make a difference in the desired outcome of your case. Here are some likely consequences that may occur: Probably first and foremost is the fact that by not following your lawyer’s advice, you significantly harm the lawyer-client relationship. Your lawyer is working hard for you, and when you decide to no longer pay attention or listen to his or her advice, you give the impression you no longer...

Does Divorce Have to be Filed in the Same State as Where the Marriage Took Place?

No, a divorce does not have to be filed in the same state as where the marriage took place. In fact, you would file for a divorce in the state in which you are a resident. But be careful, states have different requirements for establishing and claiming residency for a divorce, and sometimes counties within a state have their own resident requirements as well. Some states have several ways to establish residency for divorce, but most states have a basic amount of time as the requirement. The proof of residency requirements can be for the person filing for divorce, or...

What if My Spouse “Won’t Give Me a Divorce”?

There was a time, and in a few states, it is still true, if a couple wanted to get a divorce there must be a proven reason such as infidelity, abuse, abandonment, or mental cruelty. In Florida, for example, this is no longer the way divorce works. Now, if only one person in the couple wants a divorce, or dissolution of marriage as it is now termed, the court will grant their request. Florida is what is termed a “no-fault state.” While this sounds simplistic, it does not mean a person can just file for a divorce and get one without...

Timesharing Rights

Timesharing is the right of the minor child for frequent and continuing contact with the parents, not the parents’ right to see the child. It is, for this reason, the concept of doing away with primary and secondary custody and replacing this with parental timesharing, the main part of shared parenting, was instituted. Most states embrace parental timesharing, including Florida. It is still possible to have sole custody of a minor child in Florida if a parent is in jail, has been convicted of child abuse or domestic violence, is on drugs, or is mentally, emotionally, or physically incapable of...

How to Avoid Bad Relationships

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 poor relationships could have been avoided if “red flags” had been taken seriously. There are many ways to avoid a bad relationship, and here follow some important considerations: Get to know yourself: Though it may sound “corny,” it is wise to take the time...

Why Hiring an Attorney Before Your Case is Filed is a Good Idea?

Probably the reason most people wait until the last minute to hire an attorney is the cost. Many attorneys charge by the quarter-hour, and this can add up fast when having a conversation regarding a case not yet underway. While this is true, there are reasons it is a good idea to hire an attorney before your case is filed. Here are some of them: • An attorney can help you sort out the details of a case required to handle your concern such as a divorce, bankruptcy, or child support. • As detailed financial documents will be required, an attorney can...

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