Divorce Law News

15 July

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How Can a Forensic Accountant Assist in a Dissolution of Marriage?

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

Before looking at how a forensic accountant can assist in a dissolution of marriage (divorce), it is important to understand the job qualifications associated with forensic accounting. A person using this title is someone who is trained and educated, and licensed to investigate and give qualified reports in the areas of accounting, audits, and issues involving the financial status of an individual or a business. A forensic account is considered by the court an expert witness, which, according to Legal Dictionary.com is “a person who is a specialist in a subject, often technical who may present his/her expert opinion without...

07 July

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How to Effectively Coparent DURING a Dissolution

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

Dissolution refers to the now used term dissolution of marriage that replaces the term divorce. Dissolution comes from the word dissolve, which in effect is what happens to a couple’s relationship. When minor children are involved by virtue of the fact they were born to or adopted by the couple, there are dynamics involved requiring co-parenting. Minor children are children from birth to eighteen years or longer if a child is unable to support themselves independently for physical or mental reasons. When a dissolution, divorce, is final, there will be a shared parenting plan and parental timesharing schedule legally in...

28 June

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Florida Bars Board Certification Part 2

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Mediation

How does the Board Certification of a lawyer help the client? As mentioned in part one of the blog Florida's Bar Board Certification, in l982, a voluntary program to help the public select lawyers distinguished in their special area of law was organized to be officiated by the Florida Supreme Court and administered by the Florida Bar. The certification has become the gold standard for lawyers. It gives prospective clients the assurance a board-certified lawyer has gained expertise in their chosen area of law and a high-performance rating in ethical practice and professionalism. All this sounds impressive, but how does board...

21 June

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Florida Bars Board Certification Part 1

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Mediation

Description of the program and what it means to be Board Certified. For many years there was no way for the public to select lawyers distinguished in their particular area of law. Then, in l982, a voluntary program officiated by the Florida Supreme Court and administered by The Florida Bar was created called Board Certification. A lawyer must be in active practice for at least five years, be in good standing of the Florida Bar, and meet the standards subscribed by the Florida Supreme Court before he or she can begin the process of becoming board-certified in their area of practice....

15 June

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Florida is an Equitable Distribution State. What Does That Mean?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Mediation

One of the most difficult issues to mediate or for a judge to rule on is the division of assets and liabilities. In other words, how will marital monies, properties, businesses, and debts be divided between the two spouses? In some states, Oregon, Nevada, Texas, Arizona, New Mexico, California, Wisconsin, Wyoming, and Louisianna, all assets and liabilities coming under the heading of “marital” that are obtained since the marriage will be divided evenly or, as often termed, equally. These states are sometimes referred to as common property states. All the rest of the states (except Alaska, where a couple can...

07 June

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The Importance of a Guardian Ad Litem in a Dissolution Case

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

To start, it is important to understand the terms referenced in the title, “The Importance of a Guardian Ad-Litem in a Dissolution Case.” Guardian Ad Litem Is a trained person whom a court may appoint to look into solutions that are in the best interest of the child. In Florida, the motto of Family Court is “in the best interest of the child,” which basically means, after determining the needs of the minor child, to put the needs of the minor child first before the needs of the parents. To quote from Google: “ Best interest determinations are generally made by...

25 May

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Calculating the Marital Portion of Nonmarital Property When Marital Money Was Used to Pay Down the Principal Note and Mortgage

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Necessary Forms

One of the confusing issues that sometimes accompanies a divorce proceeding is calculating the marital portion of nonmarital property when marital money was used to pay down the principal note and mortgage. In other words, when one party has been buying a home with their own funds prior to the marriage, the home is considered nonmarital as it was purchased before the marriage. However, following the marriage, both parties pay toward the mortgage and principal. Monies gained following the marriage are considered marital funds, and in a divorce, the settlement will be calculated as such. In Florida, Family Law Statute...

Calculating-the-Marital-Portion-of-Nonmarital-Property.jpg

12 May

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20 Factors the Court Considers in Order Timesharing with a Minor Child

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

20 Factors the Court Considers in Order Timesharing with a Minor Child

In Florida, when it is determined that biological or legally adoptive parents are fit physically, mentally, and have not been convicted of child abuse or domestic violence, or are incarcerated, the care and nurturing of minor children (children birth through eighteen or longer if a child cannot support themselves) will be granted by a timesharing order. There are 20 factors that the court considers when drawing up the timesharing order. These factors are all contained in Florida’s Statute 61:13. The following paraphrase for each factor will help you understand how a judge will look at each timesharing situation. Show parents...

26 April

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Mediation can be a Win, Win for Both Parties

Posted by Grant Gisondo

in Alimony, Child Custody, Divorce Law News, Family Law, Lawyer’s Advice, Mediation, Parenting

In many states, including Florida, mediation is required for most cases before the case can be scheduled for a court date. This is done for a variety of reasons which, in the end, if mediation is successful, can be a win, win for both parties. Mediation is where both parties and their attorneys try to agree on the outcome of the case in question. A trained mediator, often an attorney, will keep the conversations on track and remind the parties how important it is to seriously consider compromise in order to resolve the issues. Taking a look, for example, at...

15 April

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Do You Need an Attorney to Represent You?

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice

Attorneys cost money, and rightly so. They have spent years getting a legal education and then passing stiff state exams in order to practice law. And, if that isn't enough, attorneys must continually keep mindful of ever changing laws and regulations. Too, there is the expense of an office, a staff, and the myriad of expectations put on an attorney socially as well as professionally. Most people like to keep as much money as they can, so when it comes to legal matters, there is a great temptation to omit the use of an attorney and go it alone. Sometimes this...

05 April

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Tips to Prepare for Your Day in Court

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Time Sharing

Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you understand what you and your attorney hope to achieve. In other words, what outcomes are you looking for, and what strategy does your attorney plan to take. Just letting your attorney fly alone can be a let-down if you...

22 March

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Support Without Dissolution Under Florida Statute 61.09

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Time Sharing

Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carried out. In Florida, there is a statute, number 61.09, which states, “If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is...

02 March

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What is Income for The Calculation of Child Support and Alimony?

Posted by Grant Gisondo

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

Child support and alimony are two of the most crucial decisions made during a dissolution of marriage (divorce). Child support can also be ordered if parents have never married each other or even lived together. Creating a child is the bottom line for child support. Whatever the circumstance for needing alimony or child support, there are considerations. The calculation of income supporting the awarding of alimony and child support is as follows and is applicable for each party: Salary: How much money per month/year before taxes and deductions does an individual make? A salary is a lump sum amount earned...

17 February

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Florida Procedures For Custody of a Minor Child by an Extended Family Member

Posted by Grant Gisondo

in Child Custody, Child Support, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice

Unfortunately, there are many times when neither parent can care for their minor child. Reasons are numerous and can include death, ill health, mental problems resulting in abuse, drug addiction resulting in abuse and neglect, desertion, and incarnation. Sadly, the numbers of these children being cared for by a family member, most often grandparents, is in the millions. Studies showed in 2018, there were 2,733 000 minor children living with family members other than their parents. Each state has its own set of guidelines and requirements for the legal ordering of custody for minor children, which can be found in...

Child custody lawyer in palm beach county

04 February

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How to Live with Your Spouse While Going Through a Divorce

Posted by Grant Gisondo

in Child Custody, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Parenting

Living with a spouse while going through a divorce is rarely an easy thing to do. To begin with, the very fact you and your spouse have deemed your marriage irrevocably broken means you no longer desire to be together permanently. This being said, it would not usually be the desire of a couple to continue to live together in the same home. In most instances, each party has his or her own residence while going through a divorce and most certainly after the divorce is finalized. Occasionally, however, some circumstances make it necessary for a couple to continue to...

26 January

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What is Simplified Dissolution in Florida?

Posted by Grant Gisondo

in Alimony, Child Custody, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

For many years the courts used the term “divorce” to signify the legal ending of a marriage. In those days, there needed to be reasons a marriage could be terminated, such as adultery, misconduct, and emotional or physical abuse. A reason for divorce had to be proven before a court would end a marriage. As time has gone on, however, there have been radical changes in how a marriage can be legally terminated. In many states, including Florida, the term “divorce” has been replaced by the term “dissolution of marriage.” In many states, including Florida, there need be no reason...

18 December

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What Should You Bring to Your Initial Consultation?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting

To better understand what you should bring to your initial consultation, it Is necessary to understand what an initial consultation with an attorney is designed to accomplish. There are several things to consider: An initial consultation is not a time when an attorney will be giving direct advice involving your potential case. Instead, it a time for you to present the reasons you need an attorney and for the attorney to listen and make suggestions as to how he or she can be of help in getting you the outcome you hope for. As no one can know the mind...

08 December

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Why an Attorney Will Not Give You Legal Advice in a FREE Consultation

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting

When considering this question, the first thing to clarify is the difference between advice and information. Advice: as defined by online Find Law states, “Legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice. In addition, actual legal advice requires careful analysis of the law as it applies to a person’s specific situation—as opposed for speculation based on generic facts.” Here an attorney would learn the specific facts of a client’s case and do research to determine how best to proceed. Often just getting ready...

02 December

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What to Know When a Child Flies to Visit Parents During COVID

Posted by Grant Gisondo

in COVID l9, Divorce Law News, Family Law, Lawyer’s Advice, Parenting

Life must go on even during the current COVID pandemic. This life includes the timesharing orders between parents of minor children. When it is nice if both parents live in the same geographical area, it today’s transient society, it often happens that parents live miles and sometimes states apart. As most parental timesharing plans include instructions on allowing minor children to visit, even when many miles separate them, it is important to understand how a minor child can fly between parents. If a minor child needs to fly without an accompanying adult, the child is considered an unaccompanied minor, and...

20 November

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Co-parenting Post COVID

Posted by Grant Gisondo

in Child Support, COVID l9, Divorce Law News, Family Law, Lawyer’s Advice

In Florida, co-parenting is referred to as parental timesharing. A couple who has natural or adopted minor children (children from birth to age l8 or a child who cannot support themselves for mental or physical reasons) and decides to divorce, separate from a cohabitation relationship, or hasn’t lived together, will be required by Family Law Courts to share the care and nurturing of their children. Florida Family Law is built around the motto “in the best interests of the child.” As research has shown children, develop better with the influence of both parents, and parental timesharing has resulted. A parenting...

10 November

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Trial Can Be a Legal Roulette

Posted by Grant Gisondo

in Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice

You never know what a judge will rule! This is so true when it comes to the final decision a judge will make concerning a case. Taking a divorce handled in Family Court in Florida, for example, a judge must rule on many issues. While there are guidelines in the Florida Statutes for divorce, it is up to a judge to decide how best to apply the guidelines to each situation. Some of the areas a judge must rule on include: Alimony: there are six types in Florida, each with its own set of qualifications. A judge must decide if alimony...

17 September

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Dissolution of Marriage During COVID

Posted by Grant Gisondo

in COVID l9, Divorce Law News, Family Law, Lawyer’s Advice

COVID has and is affecting the way we live our everyday lives. It seems there is no area left untouched by one regulation or another, and Family Court in Florida is no exception. For those couples who are seeking dissolution of marriage (divorce), there have been significant changes in the way things are done in order to complete the process of dissolution. The main thing to be aware of regarding a dissolution hearing is that as of May 21, 2020, an issue was ordered by the Supreme Court of Florida termed the Administrative Order AOSC20-23 Amendment 2. This amendment is in...

proceedings for Dissolution of Marriage during COVID l9

24 July

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Can We Settle the Case Without Conducting Discovery?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Laws and Women

First, before answering the question asked in the title, it is important to understand the definition of the word “discovery” as it pertains in the legal sense. While it is true discovery means to find out about, investigate, ask questions about, and explore information relevant to a topic, there is a deeper meaning when it comes to preparing a legal case for court. The following definition is found online from upcounsel “The formal procedure used by parties to a lawsuit to obtain information before a trial is called discovery Part of the pretrial litigation process during which each party requests...

10 June

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What is Income for the Purposes of Child Support (fla. stat 61.13)

Posted by Grant Gisondo

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

Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase "in the best interest of the child." It goes without saying that it costs money to raise a child from birth to l8 years and beyond if the child has special needs and cannot care or provide for themself independently. In Florida Statute 61:13, which you...

19 February

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What is a No-Fault Divorce?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

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...

06 January

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How to Prepare for When the Divorce is Over

Posted by Grant Gisondo

in Divorce Law News, Family Law

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...

How to Prepare for When the Divorce is Over

22 November

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Factors for the Calculation of Child Support

Posted by Grant Gisondo

in Child Support, Divorce Law News, Legal Advice

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...