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    Grant J. Gisondo, P.A. – Family Law Attorney

    Divorce Law News

    Grant J. Gisondo, P.A. > Divorce Law News (Page 6)

    Alimony and Standard of Living Factor

    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...

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

    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...

    Don’t record your spouse without consent

    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...

    Post Settlement Final Hearing – What to Expect

    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...

    Modification or Termination of Alimony

    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...

    Appraisals and How They Are Useful in Valuing 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...

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

    “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...

    Moving On With Life After a Divorce

    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...

    Imputation of income

    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...

    What is Voluntary Underemployment?

    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...

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