Family Law

20 April

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Why Reading Your Retainer/Fee Agreement is Important

Posted by Grant Gisondo

in Family Law, Laws and Women, Lawyer’s Advice

Like any document requiring your signature, you should always read all the papers needing your attention. You should even read the small print as there can be some tricky points hidden there. And, reading an attorney’s retainer/fee agreement is no exception. This blog will take a look at why it is important to read the retainer/fee agreement but first understanding what a retainer/fee agreement is will help to explain the importance of reading it in its entirety. According to the online definition of a legal retainer, ”A retainer is an advance payment that a client makes to his or her lawyer...

09 April

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What Happens When You Don’t Follow Your Lawyer’s Advice?

Posted by Grant Gisondo

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

As with any professional whom you seek out and retain for advice, and in the case of an attorney, representation on a legal matter, it is wise to follow the advice given. Before retaining the professional, you should feel confident he or she knows about and has experience in the field of expertise you need. In the case of a lawyer, you can check on his or her website and contact the state Bar for information. On the website, you can determine the educational background, years of experience, services offered, areas of representation, marital status, community involvement, professional awards, and...

30 March

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How to Dress for the Courtroom

Posted by Grant Gisondo

in Child Custody, Family Law, Laws and Women, Legal Advice, Parenting

Dress for success. This can be said emphatically for those who are having their day in court, be it attorney, client, or witness. So often, people form judgments based almost entirely on their first impression of another person and can be a plus or a minus depending on the opinion formed. For example, should a client be dressed in poorly fitting, unpressed clothes with unshined shoes to match or an attorney dressed in a suit that doesn’t quite button over the midsection, a judge or jury could form the opinion of the person not being serious about the issues at...

20 March

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How Mediation Can Bring Your Case to a Close Faster and Cheaper

Posted by Grant Gisondo

in Alimony, Family Law

Prenuptial agreements lawyer martin county

Mediation, defined by Florida’s. Nineteenth Circuit Court—Family Mediation Program “is a process in which two people work together with a neutral third person (the mediator) to discuss the issues in their case and try to work them out. Mediation often occurs with both people in the same room.” In Florida, mediation in the Family Law courts is, for most jurisdictions, a requirement for a couple seeking dissolution of marriage (divorce) or modification of child support, timesharing, parenting plan, and alimony (the types which can be modified). Many of those seeking a divorce think the step of mediation is an unnecessary...

09 March

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Does Infidelity Affect Alimony?

Posted by Grant Gisondo

in Alimony, Family Law

The answer to the question, “Does infidelity affect alimony?” is “yes.” But why is this so when at least in Florida which is a no-fault divorce state there does not have to be a reason for granting a divorce (now termed dissolution of marriage) other than the desire of one of the parties to end the marriage? Taking a look at the words infidelity and alimony with the additional observation of how infidelity can affect the award of alimony will help answer the question under consideration. Infidelity: As defined by Wikipedia (synonyms include: cheating, straying, adultery {when married}, being unfaithful or...

19 February

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What is a No-Fault Divorce?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

According to Wikipedia, the definition of no-fault divorce is “a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.’ For many years there needed to be a reason such as proven adultery, abuse, abandonment, or mental cruelty for a couple to obtain a divorce. Now, in every state, including Washington...

06 January

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How to Prepare for When the Divorce is Over

Posted by Grant Gisondo

in Divorce Law News, Family Law

Divorce, or dissolution of marriage as it is termed in modern times, is never an easy or pleasant experience. In most cases, life, as it has been, will be disrupted and changed. Both parties, whether either wants the divorce or not, will be faced with a different way of doing things during the proceedings and even more so once the divorce is over. Fortunately, even in the best of circumstances, a divorce takes time to become final and thus allows a person time to prepare for what lies ahead. While no one wants to plan a future with so much...

How to Prepare for When the Divorce is Over

14 December

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The Holidays, a Rocky Relationship’s Worst Nightmare

Posted by Grant Gisondo

in Family Law

For many people, the holidays, especially Thanksgiving and Christmas, Hanukkah, and Kwanzaa, are some of the best times of the year. These events are looked forward to by persons of all ages and often are the main time families get together for fellowship and celebration during the year. Unfortunately, if a relationship is on rocky ground, the stress level often associated with holidays and the sometimes awkward circumstances surrounding the deteriorating relationship makes holidays a time to dread rather than to look forward to. Consider the couple who are considering divorce due to an extramarital affair that has surfaced and is...

The holidays, a rocky relationships worst nightmare

11 November

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Save Those Text Messages: Electronic Evidence

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

Electronic evidence is fast becoming a vital part of testimony in a courtroom. In fact, cases have been lost or won on the basis of electronic evidence. These facts may sound scary, especially to those over 60, but they are a reality and must be taken seriously. Evidence, once it has been authenticated, can be used in the court. However, if a judge deems that the e-mail or phone text message is not able to be authenticated, or is hearsay, the resulting messages will be ruled inadmissible. So what precautions should a person take to avoid having electronic evidence tossed...

Save Those Text Messages Electronic Evidence

30 October

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The Dangers of Not Following Your Lawyers Advice

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

The Dangers of Not Following Your Lawyers Advice

As with any situation where you have asked for advice and then decide not to follow it, there will usually be consequences. The effect of not following your lawyer’s advice, however, can really make a difference in the desired outcome of your case. Here are some likely consequences that may occur: Probably first and foremost is the fact that by not following your lawyer’s advice, you significantly harm the lawyer-client relationship. Your lawyer is working hard for you, and when you decide to no longer pay attention or listen to his or her advice, you give the impression you no longer...

18 October

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All About an Annulment in Florida

Posted by Grant Gisondo

in Family Law, Legal Advice

What is an annulment? According to the online legal dictionary, an annulment is “A judgment by a court that retroactively invalidates a marriage to the date of its formation.” In other words, legally, there never was a marriage between the two parties. In Florida, there are definite grounds an annulment can be obtained, and there is a legal process to follow when desiring such an outcome. It is interesting to note that an annulment is often more complicated and more expensive than a divorce. Let’s take a look at both the grounds and the process. Grounds: • One spouse is still married...

07 October

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Google, a Clients Worst Enemy

Posted by Grant Gisondo

in Family Law, Legal Advice

There are few people today who are not familiar with a computer and/or phone on which they can search the web via Google to find answers for almost any question they can imagine. While this is an excellent source of information and often very helpful, it can also be a detriment to getting answers that are really the truth. In the area of information regarding legal issues, Google can sometimes be misleading. From an attorney’s standpoint, Google can be a client's worst enemy. When an attorney is handling a case for a client, he or she will have the education needed...

27 September

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How to Establish Paternity in Florida ? Part Two: Establishing Paternity in the Courts

Posted by Grant Gisondo

in Family Law, Legal Advice, Paternity

Sometimes the issue of deciding the biological and or legal paternity of a child is best done through the courts and thus letting a judge make the final decision. In Part one of this blog, the out-of-court ways to establish who the real and or legal father of a child are discussed. This part will tell you about using the Family Courts for a paternity matter. When filing a court case to determine paternity in the state of Florida, there are four ways the action can be initiated: • The man who is needing to know if he is or is not...

16 September

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How is Paternity Established in Florida? Part One: What is paternity, and how is it established out of court?

Posted by Grant Gisondo

in Family Law, Legal Advice, Paternity

Definition of “paternity” as found in Merriam-Webster dictionary, “the quality or state of being a father”. In other words, the man who fathers a child is considered to have the paternity of that child. While this may seem obvious to a man who thinks he is the father of a child, there can sometimes be a situation when his paternity or fatherhood is called into question. Unlike the mother who bears a child and so is most definitely the mother, it can be unclear as to precisely who is the true father. Frequently, in the contemporary society of our modern...

02 August

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How to Avoid Bad Relationships

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

With the divorce rate in the United States hovering around 50%, the news media filled with daily reports of violent relationships, and doctors reporting illness caused be stressful relationships reaching an all-time high; it is time to think about how to avoid bad relationships. While it is true some good relationships go bad over time, most poor relationships could have been avoided if “red flags” had been taken seriously. There are many ways to avoid a bad relationship, and here follow some important considerations: Get to know yourself: Though it may sound “corny,” it is wise to take the time...

22 July

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Why Hiring an Attorney Before Filing Your Case is a Good Idea.

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

Probably the reason most people wait until the last minute to hire an attorney is the cost. Many attorneys charge by the quarter-hour, and this can add up fast when having a conversation regarding a case not yet underway. While this is true, there are reasons it is a good idea to hire an attorney before your case is filed. Here are some of them: • An attorney can help you sort out the details of a case required to handle your concern such as a divorce, bankruptcy, or child support. • As detailed financial documents will be required, an attorney can...

Why Hiring an Attorney Before Your Case is Filed is a Good Idea

09 July

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Why You Need a Prenuptial Agreement

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Prenuptial Agreements

Before looking at why a prenuptial agreement is needed, it is a good idea to look at what a prenuptial agreement is. A prenuptial agreement is a written document drawn up by both parties who are intending to be married. The document is written and properly signed, witnessed and notarized before the marriage takes place, It remains in effect the entire marriage unless both parties agree to change the document in a postnuptial agreement or cancel the agreement. In all cases, both parties must be in complete agreement, without coercion or force, to the contents of the prenuptial agreement. If...

18 June

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Managing Stress and Anxiety During a Family Law Case

Posted by Grant Gisondo

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

Managing stress and anxiety during a family law case can become a serious issue. Depending on the type of case will, to a certain extent, determine the level of stress and anxiety and the manner in which they are handled. If minor children are involved the level of concern is higher and the need for careful planning for managing stress and anxiety increases. Looking at some of the most frequent family law cases can help with managing techniques. Divorce or as it is now called, Dissolution of Marriage: In most cases the emotional involvement of both parties is high. This is...

04 June

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Forensic Accountants and How They Can Help

Posted by Grant Gisondo

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

Divorce, for many, is a financially devasting experience. All financial information from past to present including bank statements, credit card charges, business dealings, property ownership, asset, and debt accumulation, trip and vacation expenses, incomes, and expenses must be out in the open for both sides to see. Ideally, a couple will be open and honest and take charge of their outcomes by compromising and agreeing to a marital settlement during mediation. Unfortunately, this does not always happen, either the open and honesty or the marital settlement. If there is no marital settlement, the case will then be scheduled for Family...

24 May

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Divorce Milestones

Posted by Grant Gisondo

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

Filing, answer, discovery, mediation, depositions, trial, and more. It is strange to think of divorce as having milestones as these are usually associated with the life of a marriage or the growth of a child. A comprehensive definition of a milestone as it refers to divorce is provided by the Cambridge English Dictionary which defines “milestone” as “an important event in the development or history of something in someone’s life.” As with other of life’s milestones, divorce has its own set of milestones as the case moves from selecting one’s attorney to the final judgment signed by a judge. Even in...