25 September

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Judges and Magistrates: What’s The Difference?

For many people the terms judge and magistrate are thought to mean the same thing. This is by no means correct. While it is true both terms denote jurisdictional functions, there are a variety of differences between a judge and a magistrate including how they arrive at their title, how long they will hold the title and what functions they are expected to perform once they accept their respective position. There are both state and federal judges and magistrates, all of which handle a variety of cases, depending on their title and, in the case of state appointments or elections,...

22 September

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Is Trial The End of The Road? What About Appeals?

Posted by Grant Gisondo

in Family Law, Legal Advice

Is Trial The End of The Road? What About Appeals?

To begin this blog a definition of “legal appeal” is necessary. Online Legalzoom states the following: “An appeal is a request made to a higher court to review a decision made by a lower court. It is not a rehearing of the case you presented” No, a trial is not the mandatory end of the road in a Family Law case decision in Florida. However, as judges usually have wide latitude in making decisions, especially in dissolution of marriage, it is not likely an appellate court will reverse the judge’s decision unless there has been judicial error or the misuse of...

23 August

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Attorney Client Privilege, What Does It Mean?

Posted by Grant Gisondo

in Family Law

To be brief, the attorney client privilege is the protecting, that is keeping confidential, of information, documents, and evidence given by a client to his or her attorney, much the same as when giving such details to a religious minister, a doctor, or a mental health counselor. This information can be given verbally or in writing and cannot be shared by the professional without permission of the client. In other words, the aspect of “privilege” is on behalf of the client, not the attorney. There is, however, an exception to the attorney client privilege when the intention of the information is...

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...

19 July

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Moral Fitness As a Parent As Defined in 61.13

Posted by Grant Gisondo

in Family Law, Paternity

Florida Family Law is Concerned With the Moral Fitness of a Minor Child’s Parents One could ask what business does the law have in determining what goes on in the private lives of a minor child’s parents. Florida Family Law says there are many areas of a parent’s private life that will directly affect the care and nurturing of children and thus influence the healthy development of a child both physically and mentally. Thus the law does have a right to be concerned with moral fitness of a child’s parents. Moral fitness as described in Florida Statute 61.13 covers several area of...

29 June

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The Importance of Professionalism in the Legal Profession

Posted by Grant Gisondo

in Family Law, Legal Advice

The very word “profession’ denotes there is supposed to be professionalism around somewhere, but where is the somewhere? Unfortunately, due to much unprofessional behavior among lawyers over the years, it is a joke in some circles that there probably isn’t a lawyer left practicing professionalism. This of course isn’t true and hopefully this blog will give some positive insight. It is interesting to note that the legal profession itself is concerned with the professionalism of its members and in April of 2015 a conference organized by the Harvard Law School Center on the Legal Profession was held to deal directly with...

24 May

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What is a Request For Production and Interrogatories and Why Are These Discovery Vehicles So Useful?

Posted by Grant Gisondo

in Alimony, Cultural Schemas, Family Law

Working with an attorney is much like meeting that special person in your life and developing a personal relationship. It takes time. During this time interrogative questions are asked and answered and evidence such as meeting parents or seeing the actual workplace come into play. This blog will take an in-depth look at both Request for Production and Interrogatories and just why they are useful for both client and attorney. Looking first at Request for Production, the legal definition found in the online Findlaw Legal Dictionary states “a discovery request issued by one party to an action on another for the...

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...

08 May

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All About An Initial Retainer

Posted by Grant Gisondo

in Family Law

Attorneys cost money. And they should. Informed, caring representation for matters involving the law takes years of preparation, strict licensing, ongoing education, and severe state government monitoring of one’s professional actions. An attorney puts, and continues to put, a great deal of time and dollars into his or her professional career and certainly deserves to be recompensed in order to make a living and be able to adequately maintain his professional status. But, it is often said attorneys charge an unreasonable amount for their services. Of course some do. However, if you understand the ways attorneys handle their fees, you...