08 December

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

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 Minor Child Must Fly to Visit Parents in Different States 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, Uncategorized

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, Uncategorized

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

Sticky

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...