Family Law

13 June

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Talking Parents vs. Our Family Wizard

Posted by Grant Gisondo

in Board Certified Lawyer, Divorce Law News, Family Law

Divorce Lawyer Florida - Talking Parents and Our Family Wizard

All About The “Talking Parents” Communication Website And How It Compares To Florida’s Our Family Wizard Site Raising children with care and nurturing has never been an easy task, no matter how many years you go back in history. The responsibility of seeing to the physical, emotional, mental, and spiritual development of a human child from birth to age l8 and sometimes further can, at times, seem overwhelming. And, when a family is broken for reasons of divorce (dissolution of marriage) or separation, in the case of parenting outside of marriage, any minor child born or adopted by the couple will...

06 May

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There is No Favoritism in The Law

Posted by Grant Gisondo

in Alimony, Child Custody, Family Law

For many years it seemed that family courts were biased in favor of one party or the other in a divorce, especially when minor children were involved. As time has gone on, however, family courts have changed in the way they administer justice until there is now no favoritism in a judge's decision regarding divorce issues such as alimony, child support, and who will care for and nurture the minor children. (A child is considered a minor from infancy to age l8 and beyond if the child is unable to support themselves due to severe mental or physical disability.). Here...

15 February

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When is it Time to Hire a Lawyer?

Posted by Grant Gisondo

in Attorney Consultation, Family Law

Hiring a lawyer is an important step in planning and negotiating most legal proceedings. As to the exact time to hire a lawyer, the answer, in most cases, is the sooner, the better. But why is this so? What about trying to save some money and see what you can do on your own first? Looking at planning a divorce, for example, you will see there are definite advantages to finding the right Family Law lawyer as soon as you are thinking about divorce. Right from the beginning, when you are still in the thinking stage, a Family Law lawyer can...

27 December

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Should We Tell the Kids We Are Getting Divorced?

Posted by Grant Gisondo

in Board Certified Lawyer, Child Support, Family Law

The question, should we tell the kids we are getting a divorce? has an answer in the affirmative, but that answer will have a lot of considerations attached to it. Let’s look at the how, when, what, and even where you can tell your kids you are getting a divorce. The first consideration is the age of the children in question. Usually, the younger the child, the less information will be needed, although explaining what a divorce is may be necessary. School-age children will likely have friends whose parents are divorced, so they will be familiar with such issues as timesharing...

15 December

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Is a Yearly Bonus Considered in Child Support or Alimony

Posted by Grant Gisondo

in Board Certified Lawyer, Child Support, Family Law, Legal Advice

A bonus is an amount of money paid to an employee over and above their regular paycheck. In most instances, a bonus occurs once a year, often at the end of the year though there are times when a bonus is paid more often. Sometimes the bonus is paid simply because the employee has completed a given amount of time with their organization, and a bonus is given to all workers, the amount depending on how long they have been employed. Other times a bonus is given as an incentive for work done or a goal reached. This second type...

26 November

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Tips For Dealing with the Stress of a Divorce

Posted by Grant Gisondo

in Board Certified Lawyer, Family Law, Legal Advice, Mediation

It is highly unlikely anyone would find going through a divorce to be relatively stress-free. In fact, going through a divorce is usually extremely stressful, often resulting in sleepless nights, weight loss, emotional outbursts, feeling of abandonment, and a sense of loss, particularly loss of self-esteem. While there is no magic pill or potion one can take to eliminate stress, there are a number of ways to combat the stress and often take stress down to a reasonable level. Here are ten suggestions that may help you: Try to work your marital issues out in mediation and create a marital...

17 November

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How Long Does a Divorce Take Is A Question?

Posted by Grant Gisondo

in Board Certified Lawyer, Family Law, Legal Advice

How long does a divorce take is a question that essentially has no specific answer other than it takes as long as it takes to complete the entire legal process of dissolution of marriage (divorce)? There a many factors that will influence the actual time it takes to get a divorce. As each state has its own set of rules and guidelines surrounding divorce, this blog will focus on the state of Florida. Here are the major time-sensitive factors which will influence the length of time until a judge signs the final order granting a divorce. Will the divorce be...

08 November

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Parental Timesharing, Parenting Plans, and School Boundary Issues

Posted by Grant Gisondo

in Board Certified Lawyer, Family Law, Legal Advice

In Florida, when there are minor children and Family Court must be involved in their wellbeing, there are firm guidelines regarding how the child’s care and nurturing should occur. These guidelines apply to all couples who have created or adopted a child together, whether they were ever married or even lived together. In Florida, all parents are legally responsible for their children from birth to age l8 and longer if the child cannot, for mental or physical reasons, support themselves. “In the best interest of the child” is the motto of Florida Family Court, and parents do not have to...

26 October

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Be Careful What You Text the Other Party

Posted by Grant Gisondo

in Board Certified Lawyer, Family Law, Legal Advice

Texting, that is, sending messages to another person’s phone, has become a way of communication for many people. It is much like writing a letter, except the information is immediately sent and received. In most circumstances,a person simply enjoys the message and responds if appropriate. However, there are times when a person must be very careful about what they send as a text message. And one of these times is when a party is going through a dissolution of marriage (divorce).Each state has its rules regarding text messagesthat can or cannot be used as evidence during a divorce case. This...

19 October

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What Truly is an Emergency in Family Law?

Posted by Grant Gisondo

in Board Certified Lawyer, Family Law

Florida Family Court - Emergency Care Of Minor Children

The motto of the Florida Family Court when it comes to minor children is “in the best interest of the child.” A minor child is a child from birth to age l8 or beyond if the child cannot support themselves for physical or mental reasons. Every attempt is made when the court must decide how a minor child will be cared for and nurtured to create as healthy an environment as possible for the child’s continued development. Whether the parents were ever married or lived together, the court feels minor children need both parents as they grow toward adulthood. Parental...

28 September

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Why You Should Hire a Board-Certified Lawyer

Posted by Grant Gisondo

in Attorney Consultation, Board Certified Lawyer, Family Law, Legal Advice

Hiring a lawyer is usually a serious consideration and should not be done hastily. You should take your time deciding the right lawyer to represent you, one that meets the needs of your particular case. By checking out several lawyers who are licensed to serve your judicial county, you can check for qualifications such as education, years of active legal practice, recommendations from friends and family, areas of specialty, fee schedule, and personality. Lawyers who offer an initial free consultation will answer general legal questions such as the steps in handling divorce and how to obtain child support. One of the...

16 September

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Why it is Imperative to Follow Your Lawyers Advice

Posted by Grant Gisondo

in Attorney Consultation, Board Certified Lawyer, Family Law, Lawyer’s Advice, Legal Advice

Divorce attorney Imperative to Follow Your Lawyers Advice

To begin with, you have likely taken time to investigate several lawyers before you settled on the lawyer who will be handling your case. Such considerations as education, mission statements, years in practice, extra credentials such as Licensed Supreme Court Certified Civil Mediator, and in Florida, Bar Board Certified all make for a legal professional well qualified to litigate on your behalf. If the lawyer you choose offered a free, initial, in-office consultation, you will have an idea of his or her personality and an understanding of the fee schedule. Taking all this into consideration, you should have little trouble...

06 September

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Why Phone Consultations Are a Bad Idea

Posted by Grant Gisondo

in Attorney Consultation, Board Certified Lawyer, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice

It is very likely that sometime during your life, you will need to use the advice and perhaps the representation of an attorney. For many years the Yellow Pages were where you would look for an attorney in your community along with asking for suggestions from family and friends. Not any more. Today the way to look for an attorney involves not only asking family and friends but using the internet and researching several websites. Once you have narrowed your search to, say, three possibilities, you will want to arrange a consultation for the final comparison. Attorneys will offer an...

Family Law attorney - client initial consultation

26 August

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What is the Role of a Forensic Psychologist in Child Custody Cases?

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

Before looking at the role of a forensic psychologist in child custody cases, it makes sense to look at the definition of a forensic psychologist and what their role is. As defined by the American Psychology Association, it is “the application of clinical specialties to the legal arena.” In other words, according to author Jane Tyler Ward, Ph.D., forensic psychology is “the physiological assessment of individuals who are involved in one way or another with the legal system.” She goes on to say the most important skills a forensic psychologist must have are solid clinic skills that include “clinical assessment,...

18 August

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The Importance of Choosing the Right Mediator During Litigation

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

Mediation is the agreeing of two parties to solving a legal issue such as a divorce or child support modification by the process of compromise. Each party is usually represented by their attorney, who helps the party look at all offers and consider if a compromise can be reached, and the issue solved. Reaching an agreement in mediation is less expensive than going to court, both in legal fees and court costs. Additionally, In mediation, the parties have control over the outcome of their litigation rather than a judge deciding for them. The mediation transcripts are private and cannot be...

06 August

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Should You Tell Your Children You Are Getting Divorced?

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

The answer to this question is really more when you should tell your children you are getting divorced. Eventually, even a very young child will find out Mommy and Daddy do not live together anymore. What is important is to think about a number of considerations before sharing the sad news with your children. Here are some tips to help you think through and decide how best to share the news about the divorce. First and foremost, you should, as parents, work together to decide when it is best and when how to tell your children about the divorce. Hopefully,...

26 July

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How Are Marital Homes Handled in Divorce

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

In a dissolution of marriage (divorce), Florida is an equitable distribution state for dividing marital assets and liabilities, including real estate, which includes marital homes. While a judge will often order a marital home sold and the equity divided 50/50, there are other ways the marital home asset can be handled. Equitable means fair rather than equal, so Florida Family Court has a variety of options. Before any option handling a marital home is presented, the true ownership of the home must be established. If the home belonged entirely to a party before marriage, he or she would continue to own...

Divorce,And,Dividing,A,House,Concept.,Man,And,Woman,Are

15 July

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How Can a Forensic Accountant Assist in a Dissolution of Marriage?

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

Before looking at how a forensic accountant can assist in a dissolution of marriage (divorce), it is important to understand the job qualifications associated with forensic accounting. A person using this title is someone who is trained and educated, and licensed to investigate and give qualified reports in the areas of accounting, audits, and issues involving the financial status of an individual or a business. A forensic account is considered by the court an expert witness, which, according to Legal Dictionary.com is “a person who is a specialist in a subject, often technical who may present his/her expert opinion without...

07 July

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How to Effectively Coparent DURING a Dissolution

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Child Custody, Child Support, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

Dissolution refers to the now used term dissolution of marriage that replaces the term divorce. Dissolution comes from the word dissolve, which in effect is what happens to a couple’s relationship. When minor children are involved by virtue of the fact they were born to or adopted by the couple, there are dynamics involved requiring co-parenting. Minor children are children from birth to eighteen years or longer if a child is unable to support themselves independently for physical or mental reasons. When a dissolution, divorce, is final, there will be a shared parenting plan and parental timesharing schedule legally in...

28 June

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Florida Bars Board Certification Part 2

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Mediation

How does the Board Certification of a lawyer help the client? As mentioned in part one of the blog Florida's Bar Board Certification, in l982, a voluntary program to help the public select lawyers distinguished in their special area of law was organized to be officiated by the Florida Supreme Court and administered by the Florida Bar. The certification has become the gold standard for lawyers. It gives prospective clients the assurance a board-certified lawyer has gained expertise in their chosen area of law and a high-performance rating in ethical practice and professionalism. All this sounds impressive, but how does board...

21 June

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Florida Bars Board Certification Part 1

Posted by Grant Gisondo

in Alimony, Board Certified Lawyer, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Mediation

Description of the program and what it means to be Board Certified. For many years there was no way for the public to select lawyers distinguished in their particular area of law. Then, in l982, a voluntary program officiated by the Florida Supreme Court and administered by The Florida Bar was created called Board Certification. A lawyer must be in active practice for at least five years, be in good standing of the Florida Bar, and meet the standards subscribed by the Florida Supreme Court before he or she can begin the process of becoming board-certified in their area of practice....

15 June

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Florida is an Equitable Distribution State. What Does That Mean?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Mediation

One of the most difficult issues to mediate or for a judge to rule on is the division of assets and liabilities. In other words, how will marital monies, properties, businesses, and debts be divided between the two spouses? In some states, Oregon, Nevada, Texas, Arizona, New Mexico, California, Wisconsin, Wyoming, and Louisianna, all assets and liabilities coming under the heading of “marital” that are obtained since the marriage will be divided evenly or, as often termed, equally. These states are sometimes referred to as common property states. All the rest of the states (except Alaska, where a couple can...

07 June

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The Importance of a Guardian Ad Litem in a Dissolution Case

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

To start, it is important to understand the terms referenced in the title, “The Importance of a Guardian Ad-Litem in a Dissolution Case.” Guardian Ad Litem Is a trained person whom a court may appoint to look into solutions that are in the best interest of the child. In Florida, the motto of Family Court is “in the best interest of the child,” which basically means, after determining the needs of the minor child, to put the needs of the minor child first before the needs of the parents. To quote from Google: “ Best interest determinations are generally made by...

25 May

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Calculating the Marital Portion of Nonmarital Property When Marital Money Was Used to Pay Down the Principal Note and Mortgage

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Necessary Forms

Calculating-the-Marital-Portion-of-Nonmarital-Property.jpg

One of the confusing issues that sometimes accompanies a divorce proceeding is calculating the marital portion of nonmarital property when marital money was used to pay down the principal note and mortgage. In other words, when one party has been buying a home with their own funds prior to the marriage, the home is considered nonmarital as it was purchased before the marriage. However, following the marriage, both parties pay toward the mortgage and principal. Monies gained following the marriage are considered marital funds, and in a divorce, the settlement will be calculated as such. In Florida, Family Law Statute...

12 May

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20 Factors the Court Considers in Order Timesharing with a Minor Child

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

In Florida, when it is determined that biological or legally adoptive parents are fit physically, mentally, and have not been convicted of child abuse or domestic violence, or are incarcerated, the care and nurturing of minor children (children birth through eighteen or longer if a child cannot support themselves) will be granted by a timesharing order. There are 20 factors that the court considers when drawing up the timesharing order. These factors are all contained in Florida’s Statute 61:13. The following paraphrase for each factor will help you understand how a judge will look at each timesharing situation. Show parents...

20 Factors the Court Considers in Order Timesharing with a Minor Child

26 April

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Mediation can be a Win, Win for Both Parties

Posted by Grant Gisondo

in Alimony, Child Custody, Divorce Law News, Family Law, Lawyer’s Advice, Mediation, Parenting

In many states, including Florida, mediation is required for most cases before the case can be scheduled for a court date. This is done for a variety of reasons which, in the end, if mediation is successful, can be a win, win for both parties. Mediation is where both parties and their attorneys try to agree on the outcome of the case in question. A trained mediator, often an attorney, will keep the conversations on track and remind the parties how important it is to seriously consider compromise in order to resolve the issues. Taking a look, for example, at...

15 April

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Do You Need an Attorney to Represent You?

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice

Attorneys cost money, and rightly so. They have spent years getting a legal education and then passing stiff state exams in order to practice law. And, if that isn't enough, attorneys must continually keep mindful of ever changing laws and regulations. Too, there is the expense of an office, a staff, and the myriad of expectations put on an attorney socially as well as professionally. Most people like to keep as much money as they can, so when it comes to legal matters, there is a great temptation to omit the use of an attorney and go it alone. Sometimes this...

05 April

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Tips to Prepare for Your Day in Court

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Time Sharing

Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you understand what you and your attorney hope to achieve. In other words, what outcomes are you looking for, and what strategy does your attorney plan to take. Just letting your attorney fly alone can be a let-down if you...