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500 Village square crossing, #103 Palm Beach Gardens, FL 33410
Grant J. Gisondo, P.A. – Family Law Attorney

Laws and Women

Grant J. Gisondo, P.A. > Laws and Women

Domestic Violence and Restraining Orders in Florida: Protecting Your Safety

Domestic violence is a deeply troubling and pervasive issue affecting individuals and families across the nation, including in Florida. Knowing how to protect yourself or a loved one is crucial in times of crisis. This blog post is dedicated to exploring domestic violence and restraining orders in Florida, offering guidance on obtaining legal protections for victims and emphasizing our unwavering commitment to client safety. Understanding Domestic Violence in Florida Domestic violence is defined as any violent or abusive behavior occurring within a family or household, including acts of physical violence, threats, emotional abuse, stalking, or intimidation. In Florida, the law takes domestic...

How Are Marital Homes Handled in Divorce

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...

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

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...

How to Effectively Coparent DURING a Dissolution

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...

Florida Bars Board Certification Part 2

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...

Florida Bars Board Certification Part 1

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....

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

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...

The Importance of a Guardian Ad Litem in a Dissolution Case

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...

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

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...

Florida Procedures For Custody of a Minor Child by an Extended Family Member

Unfortunately, there are many times when neither parent can care for their minor child. Reasons are numerous and can include death, ill health, mental problems resulting in abuse, drug addiction resulting in abuse and neglect, desertion, and incarnation. Sadly, the numbers of these children being cared for by a family member, most often grandparents, is in the millions. Studies showed in 2018, there were 2,733 000 minor children living with family members other than their parents. Each state has its own set of guidelines and requirements for the legal ordering of custody for minor children, which can be found in...

How to Live with Your Spouse While Going Through a Divorce

Living with a spouse while going through a divorce is rarely an easy thing to do. To begin with, the very fact you and your spouse have deemed your marriage irrevocably broken means you no longer desire to be together permanently. This being said, it would not usually be the desire of a couple to continue to live together in the same home. In most instances, each party has his or her own residence while going through a divorce and most certainly after the divorce is finalized. Occasionally, however, some circumstances make it necessary for a couple to continue to...

What is Simplified Dissolution in Florida?

For many years the courts used the term “divorce” to signify the legal ending of a marriage. In those days, there needed to be reasons a marriage could be terminated, such as adultery, misconduct, and emotional or physical abuse. A reason for divorce had to be proven before a court would end a marriage. As time has gone on, however, there have been radical changes in how a marriage can be legally terminated. In many states, including Florida, the term “divorce” has been replaced by the term “dissolution of marriage.” In many states, including Florida, there need be no reason...

Will the Other Side Be Required to Pay My Attorney Fees?

Paying attorney fees, for most people, is one of the least popular parts of taking a case to a legal professional. And, one of the most asked questions is, “Will the other side be required to pay my attorney fees?” as hopefully getting help with paying attorney fees would be appreciated. In most instances, what is termed “The American Rule” is the standard by which attorney fees are paid? This rule dictates that each side pays its own attorney costs, whether they win or lose a case. But, as with most “rules” in life, there are exceptions which judges may impose...

Can We Settle the Case Without Conducting Discovery?

First, before answering the question asked in the title, it is important to understand the definition of the word “discovery” as it pertains in the legal sense. While it is true discovery means to find out about, investigate, ask questions about, and explore information relevant to a topic, there is a deeper meaning when it comes to preparing a legal case for court. The following definition is found online from upcounsel “The formal procedure used by parties to a lawsuit to obtain information before a trial is called discovery Part of the pretrial litigation process during which each party requests...

Completing a Family Law Case

Family Law consists of a variety of situations that a person or couple cannot resolve by themselves without the help of the legal system. Some of these situations include divorce, modifications, timesharing, child support, division of marital assets, adoption, and bankruptcy. In each of these cases, there will be several considerations which will determine how long it will take to complete the case. Here are the basic issues that will affect the completion of a Family Law case: Hiring an attorney or handling your case yourself: If a case is very simple such as a no-contest divorce where both parties...

How to Have a Valid Marriage in the State of Florida

Deciding to enter into the commitment of marriage is an exciting time in a couple’s relationship. Once the decision to take this step has been made, there is a set procedure to make a marriage legally binding and acceptable. Though similar, each state has its guidelines and regulations for obtaining a valid marriage. However, before outlining the steps to take to have a valid marriage in the state of Florida, there are some facts pertaining to a Florida marriage which are important to understand. Each party must be 18 years of age or older to enter into marriage without parental...

How to Communicate Efficiently with your Attorney

Communication, likely one of the most important social skills related to the human (and animal) species, is not something a person should take casually or for granted. How to use speech, emotions, and body language to effectively share information between two or more persons becomes a powerful tool, whether for a positive or a negative outcome. Such concerns as taking into account the communication style of those listening, finding empathy with the listener, and hearing what the listener has to say in return are all necessary components of efficient communication. And, efficient communication with your attorney is vitally necessary if...

Why Reading Your Retainer/Fee Agreement is Important

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...

What Happens When You Don’t Follow Your Lawyer’s 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...

How to Dress for the Courtroom

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...

What is Domestic Violence?

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...

Appraisals and How They Are Useful in Valuing 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...

The War on Women in America

Here are 12 facts you may not know The war on women is real, or so it seems if one realizes some of the recent laws involving women’s rights. In addition, a look at the present political climate wanting to change or lessen the strength of laws regarding woman’s rights that exist in America today makes one feel there may truly be a “war on women”. While there have been great strides over the past 100 years in recognizing the value of women and allowing them many rights such as owning property while being married, voting, working outside the home, and...