11 November

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Save Those Text Messages: Electronic Evidence

in Divorce Law News, Family Law, Legal Advice, Uncategorized

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...

Save Those Text Messages Electronic Evidence

30 October

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The Dangers of Not Following Your Lawyers Advice

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Uncategorized

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...

04 September

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

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Time Sharing, Uncategorized

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...

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

24 August

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

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Time Sharing, Uncategorized

What if My Spouse Won’t Give Me a Divorce-min

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...

13 August

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Timesharing Rights

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Time Sharing, Uncategorized

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...

02 August

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How to Avoid Bad Relationships

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Uncategorized

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...

22 July

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

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Uncategorized

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...

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

09 July

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Why You Need a Prenuptial Agreement

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Prenuptial Agreements, Uncategorized

Before looking at why a prenuptial agreement is needed, it is a good idea to look at what a prenuptial agreement is. A prenuptial agreement is a written document drawn up by both parties who are intending to be married. The document is written and properly signed, witnessed and notarized before the marriage takes place, It remains in effect the entire marriage unless both parties agree to change the document in a postnuptial agreement or cancel the agreement. In all cases, both parties must be in complete agreement, without coercion or force, to the contents of the prenuptial agreement. If...

18 June

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Managing Stress and Anxiety During a Family Law Case

Posted by Grant Gisondo

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

Managing stress and anxiety during a family law case can become a serious issue. Depending on the type of case will, to a certain extent, determine the level of stress and anxiety and the manner in which they are handled. If minor children are involved the level of concern is higher and the need for careful planning for managing stress and anxiety increases. Looking at some of the most frequent family law cases can help with managing techniques. Divorce or as it is now called, Dissolution of Marriage: In most cases the emotional involvement of both parties is high. This is...

04 June

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Forensic Accountants and How They Can Help

Posted by Grant Gisondo

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

Divorce, for many, is a financially devasting experience. All financial information from past to present including bank statements, credit card charges, business dealings, property ownership, asset, and debt accumulation, trip and vacation expenses, incomes, and expenses must be out in the open for both sides to see. Ideally, a couple will be open and honest and take charge of their outcomes by compromising and agreeing to a marital settlement during mediation. Unfortunately, this does not always happen, either the open and honesty or the marital settlement. If there is no marital settlement, the case will then be scheduled for Family...