19 February

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How to keep your kids out of court (protecting children from litigating a divorce)

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Divorce, or dissolution of marriage as it is now called in most states, is sometimes even harder on children that it is on the adults. Especially minor children are affected as they have no say in what will happen to their future life and in fact, will be made to go along with the final judgment signed by a judge. Not only will they, in many cases, need to move to a new home but will now have two homes to split their overnights. How stressful it must be to have to bounce from one house to the other on...

08 February

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Marriage Counseling … Does it Work?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Does marriage counseling work? To be blunt, sometimes “yes” and sometimes “no.” What are some of the considerations that are more likely to lead to success rather than failure? The following are food for thought: Probably first and foremost, for success of any kind, both parties must recognize the need for marriage counseling and be willing to give it at least a try. Have an open mind. That is trying not to go to counseling thinking you are all right and the other person in all wrong. It is essential to be willing to at least listen to, not just...

28 January

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So You Decided it’s Time For a Divorce…Now What?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Divorce, now termed dissolution of marriage in most states, including Florida, is not something to be taken lightly. However, there are times, for a variety of reasons one or both parties of a marriage determine their marriage is no longer working, it is, as a judge would say, irrevocably broken. Now what? First, if both parties have come to the decision, together, that their life as a married couple is over, they can begin to explore how a divorce works in which state they are residents. If, however, only one party is desirous of a divorce and has not yet told...

17 January

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How a Forensic CPA Can Help

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

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 criminal case.” One type of expert witness is a Forensic CPA (Certified Public Account). A person using this title is someone educated, trained, and licensed to investigate and give qualified reports in the area of audits, accounting, and matters concerning the financial...

04 January

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Daubert is Dead (Supreme Court Ruling for Qualification of Expert Witnesses)

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

To begin with, what or who is Daubert? And what is an expert witness and why should he or she need to be qualified? As Daubert deals directly with the qualification of an expert witness asked to give testimony, this blog will start with a legal definition of “expert witness.” According to Legal Dictionary|Law.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 a witness to any occurrence relating to the lawsuit or criminal case.” In Family Law, an expert witness could include someone such as...

24 December

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What Delays Cases?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

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 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 courts are backed up with cases, sometimes for many months. Depending on the type of case and the length of time required to hear the case, to be placed on the docket or schedule can take weeks to months. And, once...

14 December

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How Long Does a Divorce Take?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

There is no definitive answer to“How long does a divorce take.”A number of factors enter into the amount of time it takes to process a divorce. These factors include: Will the divorce be contested or non-contested? If both parties agree on all issues including alimony and marital asset and debt division (Florida is an equitable distribution state, not equal distribution so decisions must be made to determine who gets or pays what and how much.) the time required for a final action is considerably shorter than if there is disagreement. A full financial disclosure from both parties is necessary in...

04 December

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Can Text Messages Be Used as Evidence (Yes As An Admission Of A Party)

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

With the ever-increasing use of texting as a way to communicate ideas, information, requests, and just about any other form of verbal sharing between two or more persons, it is becoming more and more useful as a tool for evidence in court. Texting can be saved with the date and time of production which makes it easy to verify when it comes to needing accurate proof at mediation or in a courtroom.There are, however, some very legitimate concerns regarding the inclusion of text messages as evidence. As in most legal matters, each state has its own set of rules and...

24 November

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Be Careful What You Post on Social Media

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Social media is fast becoming the way to communicate information ideas, and often pictures to further evidence the written word. Authors Marisa A. Tradatti and Anna C. Hore vary write “There’s a whole generation of people for whom tweeting is as natural as breathing, for whom the word “friend” has become a verb and for whom Web 2.0 is the only media platform they know”. Facebook alone has over 1 billion users, approximately one-seventh of the world’s population, with other social media such as Instant Message, Twitter, YouTube, Linkedin, and just plain texting and e-mails adding countless more users to...

15 November

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Is Being Separated a Requirement for a Divorce in Florida?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

No, being separated is not a requirement for a divorce in the state of Florida. In fact, in Florida, as in five other states, Texas, Mississippi, Deleware, Pennsylvania, and Georgia,legal separation is not recognized.A couple can choose to live apart, in other words, “separate” but the Florida courts do not have a way to make this legal. However, particularly if minor children (children under 18 years of age or special needs adults) are involved the courts, usually with the help of mediation, can adjudicate issues including child support, child custody, visitation, and division of property. When determining child support payments,...