Family Law

28 June

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When is 50/50 Equal Timesharing Proper and When Is it not Proper?

Posted by Grant Gisondo

in Child Custody, Child Support, Divorce Law News, Family Law, Legal Advice

As each state has its own laws regarding the care and nurturing of minor children following a separation or divorce of their biological or adoptive parents, this blog will focus on the state of Florida. For many years Florida, as in most states, awarded the custody of minor children to one or the other parent. Children lived with the parent having primary custody and the parent given secondary custody would receive visitation rights which may or may not have included overnights with their child. Decision making usually rested with the parent holding primary custody which often left out the other...

When is 50/50 Equal Timesharing Proper and When Is it not Proper?

21 June

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2019 Alimony and Tax Laws

Posted by Grant Gisondo

in Alimony, Family Law, Legal Advice

For 75 years tax laws surrounding alimony have stayed the same. This has meant the person receiving alimony would pay taxes on the amount and the person giving alimony could take the amount of alimony as a tax deduction. While this may not seem significant, for those in high-income tax brackets an increase or decrease in taxable income can change the percentage rate on their taxes by putting them in a higher or lower tax bracket. Additionally, the person receiving alimony would not be able to keep the entire amount as whatever percentage of taxes paid would be taken out...

14 June

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Managing Client Expectations

Posted by Grant Gisondo

in Family Law, Legal Advice

All clients, no matter the business or professional arrangements have expectations as to how they expect the situation to proceed and what they perceive the final outcome to be. This is certainly true when it comes to working with an attorney. Most clients have preconceived ideas as to how their case should proceed and what they hope for as solutions in the final outcome of their legal journey with their attorney. Of course, the client is not a legal professional and so often doesn’t really understand the procedures and how so many factors can affect the final outcomes. So, it...

Learn Ways Client Expectations Can Be Successfully Managed

07 June

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Who Gets the Dog?

Posted by Grant Gisondo

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

Are Dogs Given the Same Status as Minor Children in a Divorce?

About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a divorce but neither party wants to give up claim to a treasured dog. Since the movie, public awareness of the “who gets the dog” issue has increased and courts are being pressured into making the guidelines for the...

31 May

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How Long Does It Take to Get Child Support?

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Family Law, Legal Advice

Unfortunately, there is no time frame allotted for getting child support. While the party desiring child support may feel it is an emergency, the legal system has its specified procedures which must be followed before adjudication for child support will be finalized by a judge. Taking a look at the procedures needed to obtain child support will help to show why there is no set time limit for obtaining a judgment. Too, each state has its own set of guidelines for obtaining child support and these can be found in the State Statutes. So, for this discussion, the state of...

Is it Possible to Know How Long it takes to Get Child Support?

24 May

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How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

Posted by Grant Gisondo

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

How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

In reality, the answer to both questions is “it depends on the complexity of the case, the backlog of the court, competency of representing council, and how fast facts, proof, and witnesses can be appropriated and put together. As each state has their own set of guidelines, as found in their statutes, there is no absolute amount of time prescribed for either the length of time it takes for a divorce or for a paternity agreement. Taking one subject at a time, there are issues which can be at least itemized in sequence, if not in length of time. Taking...

16 May

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Am I Headed for Divorce?

Posted by Grant Gisondo

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

How do I know a divorce is likely in my future? There are many signs, some known ahead of time and some that come as horrible surprises, to indicate the likelihood a divorce will happen. Here are 6 of these reasons: You have been served with divorce papers and now have 20 days to answer the petition for dissolution of marriage, the term used in most states for “divorce”. You are certain there has been infidelity. This certainty can come from situations including finding your spouse in bed with another, frequent late nights which turn out to be lied about,...

Six Reasons a Divorce May be in Your Future

13 April

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How to Strategically Plan for a Divorce

Posted by Grant Gisondo

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

Strategic planning sounds like something one does when fighting a war. And, in truth, many divorces are much like a war, with opposing sides, each trying to win the battle and take home the spoils. Sad as this seems, especially as at one time there was love and the hope of a future lifetime together, it is a reality, for at least 50% of the marriages in the US will end in divorce. So, as in war, it is best to strategically plan, usually and most advisably, with the help of an experienced Family Law attorney. Whether you are the...

05 April

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Domestication of a Foreign Order (Child Support, Alimony, etc) in Florida

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Family Law, Legal Advice

The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from place to place every few years or even more often. Jobs move employees, people marry and move with their spouse, or sometimes people just want a change in their environment or a place with better educational opportunities for their children. And, since every state has...

Domestication of a Foreign Order (Child Support, Alimony, etc) in Florida

27 March

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Alimony and Standard of Living Factor

Posted by Grant Gisondo

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

Importance of Standard of Living Factor in Determining Alimony

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...

23 March

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Five Things Attorneys Want to Tell Their Clients

Posted by Grant Gisondo

in Family Law, Legal Advice

You are sitting in an attorney’s office waiting to meet the attorney you are considering or have chosen to represent you in a legal matter, be it civil or criminal. You have a whole list of things you want to tell and ask the attorney and you are even ready to write his or her answers down.The next half hour or so is important and could even change the course of your life. A successful outcome for your issues usually means a great deal to you and you will be counting on the attorney, if at all possible, to make...

Five Things Attorneys Want to Tell Their Clients

08 March

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

Posted by Grant Gisondo

in Child Support, Divorce Law News, Family Law

Family Wizard Site and Talking Parents Communication Website

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...

27 February

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Part Three: Ways To Help Children Cope With Life After a Divorce or Parent Separation

Posted by Grant Gisondo

in Child Custody, Child Support, Family Law

Having one’s parents separate whether from within a marriage or a living together arrangement can be, and often is, devastating for children of any age. It is particularly difficult for minor children or those with special needs who depend on parental support and care. In most states, there are guidelines and requirements for post judgment parenting. In Florida, for example, all couples must attend a state approved parenting class before a divorce or child support order can be adjudicated. Furthermore, in Florida, the motto “In the best interest of the child” is applied to decisions made regarding minor children as...

10 Ways to Be A Successful Parent After a Family Dissolves

01 February

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Part Two, Parallel Parenting, What is it, and How Does it Compare to Co-Parenting?

Posted by Grant Gisondo

in Child Custody, Child Support, Family Law

As was pointed out in Part One of this three part discussion on parenting after a divorce or relational break-up, that many states, Florida in particular, are firm advocates of both parents taking equal responsibility in the continued raising and nurturing of their children, biological and/or adopted. The term “In the best interest of the child” is used to emphasize how important it is for both parents to put themselves in their children’s shoes and see how it feels and then provide the correct “fit”. Co-parenting, where both parents share equally in decision making regarding education, medical, religious, and disciplinary concerns...

23 January

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The Importance of Co-parenting – Part One

Posted by Grant Gisondo

in Child Custody, Child Support, Family Law

The definition of co-parenting as defined in the online Your Dictionary “is a process where two parents work together to raise a child even though they are divorced or separated and no longer live together. An example of co-parenting is when a divorced mother and father share legal and physical custody of a child.” Couples who have never married or even lived together but still share the birth or adoption of a child are also candidates for co-parenting. In fact, in the state of Florida where Family Law statutes use the phrase “In the best interest of the child” as...

16 January

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Don’t record your spouse without consent

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

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...

05 January

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What is Domestic Violence?

Posted by Grant Gisondo

in Family Law, Laws and Women

Definition as given by The Department of Justice in June of 2017: “We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.” To further expand this definition under Florida law: “Domestic Violence Battery is defined as any actual and intentional touching or the intentional causing of bodily harm to another person when the person is a ‘family or household Member’.” A...

Domestic Violence is a Serious Crime With Serious Consequences

04 December

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Professionalism in the Practice of Law

Posted by Grant Gisondo

in Family Law, Legal Advice

Professionalism: The conduct, aims, or qualities that characterize or mark a profession or a professional person.” Merriam-Webster In many ways, professionalism is the key to determining if a person in the legal profession is truly committed to their client's goals and needs. When looking for an attorney to represent you in any type of legal matter, in addition to the cost, education, and experience, there are a number of things to look for, most of which come under the definition of professionalism. Here are ten of the most important keys to an attorney’s ability to be the legal professional you are...

12 November

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Modification or Termination of Alimony

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law

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...

24 October

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Appraisals and How They Are Useful in Valuing Marital Property and Assets

Posted by Grant Gisondo

in Divorce Law News, Family Law, Laws and Women

Use of an Appraisal in 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...

26 September

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Reunification Therapy

Posted by Grant Gisondo

in Family Law

Definition of “reunification” as found in the online Dictionary: “To cause (a group, party, state, or sect) to become unified again after being divided.” Definition of “therapy” by the American Psychological Association” “Therapy is a treatment for psychological problems in which the therapist and clients work together to understand problems and come up with plans for fixing them.” When the two words, “reunification” and “therapy” are put together in the legal sense, an interesting process is becoming more and more useful, especially in Family law involving cases of dissolution of marriage where there are minor children involved. Reunification therapy, known as RT...

25 September

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Judges and Magistrates: What’s The Difference?

Posted by Grant Gisondo

in Family Law

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

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...

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

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, Family Law, Legal Advice

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...