Family Law

04 January

Sticky

Daubert is Dead (Supreme Court Ruling for Qualification of Expert Witnesses)

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

To begin with, what or who is Daubert? And what is an expert witness and why should he or she need to be qualified? As Daubert deals directly with the qualification of an expert witness asked to give testimony, this blog will start with a legal definition of “expert witness.” According to Legal Dictionary|Law.com, an “expert witness is a person who is a specialist in a subject, often technical, who may present his\her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case.” In Family Law, an expert witness could include someone such as...

24 December

Sticky

What Delays Cases?

Posted by Grant Gisondo

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

Everyone wants their court case to be finished with the judge’s ruling finalized as soon as possible. Quickly is unheard of in the legal world but in many instances there are causes for delays which of course add time to arriving at the final judgment. Here are some of the most frequent reasons for a delay: In most jurisdictions courts are backed up with cases, sometimes for many months. Depending on the type of case and the length of time required to hear the case, to be placed on the docket or schedule can take weeks to months. And, once...

14 December

Sticky

How Long Does a Divorce Take?

Posted by Grant Gisondo

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

There is no definitive answer to“How long does a divorce take.”A number of factors enter into the amount of time it takes to process a divorce. These factors include: Will the divorce be contested or non-contested? If both parties agree on all issues including alimony and marital asset and debt division (Florida is an equitable distribution state, not equal distribution so decisions must be made to determine who gets or pays what and how much.) the time required for a final action is considerably shorter than if there is disagreement. A full financial disclosure from both parties is necessary in...

04 December

Sticky

Can Text Messages Be Used as Evidence (Yes As An Admission Of A Party)

Posted by Grant Gisondo

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

With the ever-increasing use of texting as a way to communicate ideas, information, requests, and just about any other form of verbal sharing between two or more persons, it is becoming more and more useful as a tool for evidence in court. Texting can be saved with the date and time of production which makes it easy to verify when it comes to needing accurate proof at mediation or in a courtroom.There are, however, some very legitimate concerns regarding the inclusion of text messages as evidence. As in most legal matters, each state has its own set of rules and...

24 November

Sticky

Be Careful What You Post on Social Media

Posted by Grant Gisondo

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

Social media is fast becoming the way to communicate information ideas, and often pictures to further evidence the written word. Authors Marisa A. Tradatti and Anna C. Hore vary write “There’s a whole generation of people for whom tweeting is as natural as breathing, for whom the word “friend” has become a verb and for whom Web 2.0 is the only media platform they know”. Facebook alone has over 1 billion users, approximately one-seventh of the world’s population, with other social media such as Instant Message, Twitter, YouTube, Linkedin, and just plain texting and e-mails adding countless more users to...

15 November

Sticky

Is Being Separated a Requirement for a Divorce in Florida?

Posted by Grant Gisondo

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

No, being separated is not a requirement for a divorce in the state of Florida. In fact, in Florida, as in five other states, Texas, Mississippi, Deleware, Pennsylvania, and Georgia,legal separation is not recognized.A couple can choose to live apart, in other words, “separate” but the Florida courts do not have a way to make this legal. However, particularly if minor children (children under 18 years of age or special needs adults) are involved the courts, usually with the help of mediation, can adjudicate issues including child support, child custody, visitation, and division of property. When determining child support payments,...

29 October

Sticky

When to Switch to a New Attorney

Posted by Grant Gisondo

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

You have done your research, met with some attorneys specializing in handling situations involving your concerns, chosen the attorney you felt the most comfortable with and had confidence in, and your particular case is well on its way to being decided. Without intending there to be problems with your attorney, several issues have surfaced and it may be time to switch to a new attorney. Changing attorneys during a case can and does happen. Here are some of the reasons why: Lack of prompt and meaningful communication is probably the most frequent cause for concern. Of course, attorneys are busy...

Five Reasons to Consider Switching to a New Attorney

04 October

Sticky

How a Parenting Coordinator Can Help

Posted by Grant Gisondo

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

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

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...

29 September

Sticky

Divorce Is Not an Ending but A Beginning

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

Divorce, or as it is now termed, dissolution of marriage, can for many seem the end of the road. This is particularly true in long-term marriages or in marriages where just one partner desires the divorce. And, if the reason for desiring a divorce is another woman or another man, the distress is usually multiplied many times over. Being rejected is probably one of the most hurtful of human experiences and one that puts a huge damper on a person’s ego. In our culture, divorce can be looked upon as “too bad,”and “it was likely your fault in the first...

Can You Make a Beginning From the Ending After a Divorce?

20 September

Sticky

What Does It Mean to Advocate for Your Client?

Posted by Grant Gisondo

in Family Law, Legal Advice

Why is it Important for an Attorney to Advocate for Their Client?

To advocate, according to Black’s Law Dictionary, is “one who assists, defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly admitted to practice, which assists his clients with advice, and pleads for him in open court….” Taking this definition as fact, there are three main areas where an attorney will advocate for his or her client: assist, defend, and plead. The following gives further explanation as to how this is done: Assist: Right from the first meeting between an attorney and...