Divorce Law News

04 October

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How a Parenting Co-ordinator can help with Co-Parenting

Posted by Grant Gisondo

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

In states like Florida, unless there are special circumstances, there is no longer a primary custody parent for minor children between ages new-born to 18years but rather a sharing of parental responsibility. This is termed “parental time-sharing.”Basically,this means parents will share equally the care and nurturing of any minor children born or adopted to them as a couple. (The parents do not have to be or have been married.)Additionally, as part of the parenting plan required by the court, all major decision making must be shared in the areas of education, medial, discipline, and religion. While all the above plans for...

How Does a Parenting Coordinator Help Florida Families Pre and Post-Divorce

28 June

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When is 50/50 Equal Timesharing Proper and When Is it not Proper?

Posted by Grant Gisondo

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

When is 50/50 Equal Timesharing Proper and When Is it not Proper?

As each state has its own laws regarding the care and nurturing of minor children following a separation or divorce of their biological or adoptive parents, this blog will focus on the state of Florida. For many years Florida, as in most states, awarded the custody of minor children to one or the other parent. Children lived with the parent having primary custody and the parent given secondary custody would receive visitation rights which may or may not have included overnights with their child. Decision making usually rested with the parent holding primary custody which often left out the other...

07 June

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Who Gets the Dog?

Posted by Grant Gisondo

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

About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a divorce but neither party wants to give up claim to a treasured dog. Since the movie, public awareness of the “who gets the dog” issue has increased and courts are being pressured into making the guidelines for the...

Are Dogs Given the Same Status as Minor Children in a Divorce?

24 May

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How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

Posted by Grant Gisondo

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

How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

In reality, the answer to both questions is “it depends on the complexity of the case, the backlog of the court, competency of representing council, and how fast facts, proof, and witnesses can be appropriated and put together. As each state has their own set of guidelines, as found in their statutes, there is no absolute amount of time prescribed for either the length of time it takes for a divorce or for a paternity agreement. Taking one subject at a time, there are issues which can be at least itemized in sequence, if not in length of time. Taking...

16 May

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Am I Headed for Divorce?

Posted by Grant Gisondo

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

How do I know a divorce is likely in my future? There are many signs, some known ahead of time and some that come as horrible surprises, to indicate the likelihood a divorce will happen. Here are 6 of these reasons: You have been served with divorce papers and now have 20 days to answer the petition for dissolution of marriage, the term used in most states for “divorce”. You are certain there has been infidelity. This certainty can come from situations including finding your spouse in bed with another, frequent late nights which turn out to be lied about,...

Six Reasons a Divorce May be in Your Future

13 April

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How to Strategically Plan for a Divorce

Posted by Grant Gisondo

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

Strategic planning sounds like something one does when fighting a war. And, in truth, many divorces are much like a war, with opposing sides, each trying to win the battle and take home the spoils. Sad as this seems, especially as at one time there was love and the hope of a future lifetime together, it is a reality, for at least 50% of the marriages in the US will end in divorce. So, as in war, it is best to strategically plan, usually and most advisably, with the help of an experienced Family Law attorney. Whether you are the...

27 March

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Alimony and Standard of Living Factor

Posted by Grant Gisondo

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

For alimony, what does the factor “standard of living” during marriage really mean as a factor to determine the amount of alimony? One of the most disputed and controversial aspects of a dissolution of marriage (divorce), is the type and amount of alimony (spousal support) to be awarded to whichever party deserves the support. This is especially true in what is called “high end” or “high earner” marriages. Sometimes millions of dollars are at stake and, while a couple can, and often do, create their own settlement during a mediation prior to a court hearing (in the state of Florida a...

Importance of Standard of Living Factor in Determining Alimony

08 March

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All About the “Talking Parents” Communication Website and How it Compares to Florida’s Family Wizard Site

Posted by Grant Gisondo

in Child Support, Divorce Law News, Family Law

Family Wizard Site and Talking Parents Communication Website

Even in the best of circumstances surrounding the break-up of a family with minor children, meaningful and polite communication is often difficult to achieve.This is made even more difficult when one of the main reasons the marriage broke down was poor and sometimes volatile communication. While a judge can order reasonable communication it seems there are many instances when reasonable communicating between two parents is just about impossible. There is just too much emotion and often anger involved. So, in many states, “technical” means for the two parties to communicate have been developed. In at least 35 states, for example, there...

16 January

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Don’t record your spouse without consent

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

It is very tempting to record conversations a spouse is having with someone who can demonstrate that a particular fact is indeed true in regards to a certain situation in a case such as a dissolution of marriage (divorce). For example, in Florida, you might believe your spouse is funneling important marital assets, that are property, real or personal, that were acquired during the marriage and will be part of the equitable distribution following final judgment. The phone rings and as you quietly picks it up the party on the other end, not realizing you are listening outlines plans to...

11 December

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Post Settlement Final Hearing – What to Expect

Posted by Grant Gisondo

in Divorce Law News, Post Judgment

Before looking at what to expect at a post settlement final hearing it is important to understand when parties would be using a post settlement final hearing. Post settlement means after a settlement has been finalized by the parties in question for their case being adjudicated. In other words, for example, in dissolution of marriage (divorce) when there are no minor children, no jointly owned real property, and all issues including equitable distribution of marital assets and liabilities and alimony have been worked out and the proper paperwork filled out, signed by both parties, notarized and witnessed the action can...

12 November

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Modification or Termination of Alimony

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law

In the state of Florida, certain types of alimony can be modified or changed after a judgment is handed down and there are some instances when alimony can be terminated or stopped altogether. In all cases, there must be proven a material, substantial, and unanticipated (prior to final judgment) change before a case can even be considered. In other words, cause for modification must be serious enough such as a critical illness, winning the lottery, an unavoidable job loss; must have a specific time and or monetary value; must not have known to occur prior to the judge’s decree such...

24 October

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Appraisals and How They Are Useful in Valuing Marital Property and Assets

Posted by Grant Gisondo

in Divorce Law News, Family Law, Laws and Women

Use of an Appraisal in Marital Property and Assets

An appraisal is determining the accurate value of something. This is done by using a person who is trained and qualified to appraise and is licensed to carry the title “appraiser”. Probably the most common use of an appraiser is to determine the value of a home or piece of property for someone hoping to buy or sell. Other items such as high-end electronics and furniture, valuable jewelry, antiques, used vehicles, boats, and planes, and old memorabilia are also frequently brought to an appraiser to determine their value for sale or for insurance purposes. Another important use of an appraisal...

24 July

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Hold Them or Fold Them, When is it Time For a Divorce?

Posted by Grant Gisondo

in Divorce Law News, Family Law

“Until death do us part”, recited for many years by most couples that are seeking wedded bliss. And, at the time of the ceremony each party (there are sometimes exceptions) sincerely believes he or she will be able to honor this statement, as surely their love will stand the test of time. Unfortunately, if you live in the United States your chance of “happily ever after” has barely a 50% chance of making it even l0 years. And, in the case of a second or more marriage the percentage rate of failure is even higher. In the world of Family...

22 May

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Moving On With Life After a Divorce

Posted by Grant Gisondo

in Divorce Law News, Family Law

Very few people who have weathered a divorce, or dissolution of marriage as it is now termed, would say it was easy to move on after the final judgment is handed down. Of course, a lot depends of how many years the couple have been married, if there are children to consider, if there will be a drastic change in lifestyle, whether there is someone waiting “in the wings” to love and cherish, to name a few. However, no matter what the circumstances, a person must move on. Here are some suggestions to help with moving on: Immediately take stock...

16 March

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Imputation of income

Posted by Grant Gisondo

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

One of the most important and most difficult aspects of determining the final outcome of a dissolution of marriage (divorce) in the State of Florida is deciding on the income allotted to each spouse. This amount, will of course, determine how much spousal support (alimony) will be paid/received and, if minor children are involved, how much child support will be paid/received. Both parties are subject to the scrutiny of the legal guidelines for determining income found in Florida Family Law Statute 61.30 and include imputed income when either party is self-employed as well as imputed income when either party can...

15 March

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What is Voluntary Underemployment?

Posted by Grant Gisondo

in Divorce Law News, Family Law

In plain English, voluntary underemployment is when an individual chooses to not work for pay or to work at a job that does not reflect that person’s skills, abilities, or education. But why would this make a difference in a Family Law case involving child support or alimony? As long as a person is managing on the income available to them, what difference does it make? In the state of Florida, for example, it does make a difference, which is spelled out in Florida Statute 61 covering dissolution of marriage (divorce), child support, and parental timesharing (custody). By looking at...

18 January

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What is a Forensic Accountant’s Role in a Divorce?

Posted by Grant Gisondo

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

Most frequently a forensic accountant’s role in a divorce (now termed dissolution of marriage) is in the courtroom as an expert witness. As an expert witness the forensic account is allowed to testify in his/her area of expertise even though never having, been witness to any occurrence relating to the lawsuit. The areas of expertise of a forensic accountant include accounting, auditing, and investigative skills involving monetary considerations and concerns. And, when it comes to a divorce, there are a number of monetary considerations and concerns where the expertise of a forensic account can often prove or disprove an issue...

18 September

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How is Debt Handled in a Florida Divorce?

Posted by Grant Gisondo

in Divorce Law News, Family Law

How is debt handled in a florida divorce

Debt, is money or services owed to a company, bank, individual, or other organization, usually secured by a signed agreement or contract outlining the terms of repayment both in time and money. Most people have, at one time or another incurred debt and sometimes, as is common in a marriage, incurred debt together, or jointly as it is referred to. When a marriage is going well, debt, though sometimes in contention, is worked out between the two parties. However, when a divorce appears to be eminent, debt will suddenly become a very important issue. While much attention will be focused...

08 September

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How to Prepare Financially For a Divorce

Posted by Grant Gisondo

in Divorce Law News, Family Law

Whether your marriage has finally wound down to where both parties realize a divorce is what they both deem necessary or whether your spouse suddenly tells you there is to be a divorce, it is vitally important you begin to think about and plan for the inevitable financial changes the future may bring. Emotions will no doubt be running high, especially if you have not suspected divorce was coming, but to salvage as much as possible for your post divorce life you must immediately begin to plan for the divorce. And, finances will play a huge role in how you...

01 July

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What Do You Know About Prenuptial Agreements in Florida?

Posted by Grant Gisondo

in Divorce Law News

What do you know about prenuptial agreements

Here’s 10 questions and answers to test your knowledge of prenuptial agreements, you might be surprised! There are many uncertainties about prenuptial agreements. Which ones are true and which ones are false? Take our true or false quiz below to find out more. [vc_accordion][vc_accordion_tab title="1. Any couple can seek a prenuptial agreement • True or False?" open="false"][vc_column_text pl="0" pr="0" pt="0" pb="0"] True • Any couple can have a prenuptial agreement. The key word here is “couple”. Both parties must want (without coercion), sign and have witnessed, and notarized the completed agreement for the prenuptial agreement to be legally binding. [/vc_column_text][/vc_accordion_tab][vc_accordion_tab title="2. You have to be rich to hire...

28 April

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All About Relocation With a Minor Child – Contested (Part 2)

Posted by Grant Gisondo

in Divorce Law News

What to do when a petition to relocate is contested? As detailed in Part 1 of All About Relocation With a Minor Child Uncontested, the state of Florida has mandated that no person who is part of a parenting plan (custody) or has timesharing with or access to a child (visitation) as determined in the final judgment of the parent’s dissolution of marriage (divorce) can relocate themselves, with or without the minor child, further than 50 miles from their legal primary residence at the date of final judgment for more that 60 consecutive days. And, there are just three ways a...

27 January

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What Happens to Retirement Assets in a Divorce Settlement?

Posted by Grant Gisondo

in Divorce Law News

Retirement assets in a divorce settlement

We so often think of divorce, or dissolution of marriage as it is now termed, as usually happening to couples in their twenties and thirties. So why, then, would there be much concern with retirement assets as there would likely be little to consider unless the couple was wealthy? In truth, however, a phenomenon termed Gray Divorce, that is divorce involving couples over the age of 50, is occurring in the US at an alarming rate. According to sociologists at Bowling Green, Ohio, State University who did an in depth study of Gray Divorce, the rates for older couples divorcing...

15 January

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Considering a Divorce in Florida, What Can You Do?

Posted by Grant Gisondo

in Divorce Law News

Here’s where you can start and what comes next. First and foremost you and your spouse need to try all avenues, including counseling, to try to reconcile and keep your marriage intact. However, when you have definitely decided to seek a dissolution of marriage (this is the legal term now used for the word “divorce”), what comes next? This blog will focus on Florida, remembering each state has different guidelines and laws regarding divorce. In Florida it is possible to go to the courthouse and pay for, fill out, and file your own paperwork to begin the legal process for dissolution of...

04 November

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Classification of Marital Assets. Why It’s so Important?

Posted by Grant Gisondo

in Divorce Law News

When married couples acquire a property or properties during the course of their marriage, irrespective of who owns it, it is generally known as marital assets. Most common examples include cash, house or estate, stocks, insurance, and pension. In contrast, those things that are not considered as marital assets are those that are acquired before marriage such as assets acquired as a gift, assets given by inheritance, assets that are traceable to other distinct property, like for instance cash received from a sale of a home acquired before marriage, and assets that are agreed upon before marriage, in writing, by...