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Grant J. Gisondo, P.A. – Family Law Attorney

Lawyer’s Advice

Grant J. Gisondo, P.A. > Lawyer’s Advice

The Role of Social Media in Divorce: How to Protect Your Privacy and Avoid Common Pitfalls

Social media has become integral to our daily lives in today's digital age. It offers us a platform to connect, share, and express ourselves. However, when it comes to divorce proceedings, social media can be a double-edged sword. On the one hand, it can provide valuable evidence supporting a case, while on the other hand, it can lead to detrimental consequences if not used with caution. In this blog post, we will explore the role of social media in divorce cases and provide essential tips on protecting your privacy and avoiding common pitfalls. The Power of Social Media Evidence Social media platforms...

Mediation vs. Litigation: Choosing the Right Approach for Your Divorce

Divorce can be a challenging and emotionally charged process, and it's natural to feel overwhelmed by the decisions that must be made. One of the most important decisions you'll need to make is whether to pursue mediation or litigation. Both options have their pros and cons, and it's essential to understand the differences between the two approaches before making a decision. Mediation Mediation is a collaborative process that involves working with a neutral third-party mediator to reach an agreement on the terms of your divorce. The mediator does not make decisions for you but instead helps you and your spouse communicate effectively...

A Guide to Dividing Marital Assets During Divorce

When it comes to a divorce, few things are as important as dividing marital assets. The division of marital assets can significantly affect a couple’s financial future and can be a source of contention in a divorce. To ensure a fair division of assets, it is important for divorcing couples to understand the process and how assets are typically divided. What Are Marital Assets? Marital assets are items that are acquired or accumulated during the course of the marriage. This includes assets acquired through gifts, inheritances, or premarital agreements. Marital assets may include items such as bank accounts, real estate, investments, vehicles,...

The Impact of Divorce on Children and How to Help Them Cope

Divorce is a difficult and emotional experience for all involved, especially children. Divorce can have an overwhelming impact on children, leaving them feeling scared, confused, helpless, and sometimes blaming themselves for causing the divorce. Although it is a difficult situation, it is important to remember that with the right guidance and support, children can develop the skills to cope with the changes. When a couple makes the decision to divorce, children may feel abandoned and betrayed by their parents. They may also feel overwhelmed with guilt and blame themselves for the divorce. It is important that parents explain the situation in...

How Long Does Spousal Support in Florida Last

Spousal support in Florida is a somewhat new term used in a divorce to take the place of the word alimony. For many years alimony was almost always awarded to a woman, but that has changed. With the rise of women in the workplace, sometimes earning more than their husbands, support after a divorce can, and often does, go to either the husband or the wife. For this reason, the term spousal support is used in place of alimony. In Florida, there are six types of spousal support, each with its time factor determining the length of the support. The six...

What Should I Wear to Court?

What to wear to court is a question most people ask, especially if it will be their first time as a witness or having their case heard by a judge and or a jury. While individual states will often have different laws and guidelines for legal matters, what to wear to court is basically the same, no matter the state. To begin with, the word “conservative” is best used to describe the overall dress code for court. In the present world of fashion, with holes in clothing and often cut or very tight with little left to the imagination, most courts...

How does Alimony Work? Do I still Pay Alimony With 50/50 Timesharing?

How does alimony work with timesharing The quick answer to do I pay alimony with 50/50 timesharing is yes if alimony is ordered. Occasionally, however, the requirements for alimony are not met, and alimony will not be awarded at the same time a 50/50 timesharing will be awarded. In legal fact, the awarding of timesharing and the awarding of alimony are two very different facets of Family Law. Each has its own set of laws., rules, requirements, and guidelines. Also, it is important to understand that each state will have its own, sometimes very different, Statutes regarding the arranging of parental...

DONT WAIT – If You’re Headed for a Divorce, Don’t Wait to Retain an Attorney

If you are headed for a divorce, it is in your best interest to retain an attorney before deciding on the finality of your decision. Even if you think you can “go it alone” in the divorce process, it is wise to at least seek professional legal advice to help you think through the process to make sure you understand how the process works. There are so many twists and turns in seeking a divorce with the outcome in your best interest that it is highly unlikely you will know the right twists and turns to take. While legal advice...

Why it is 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...

Why Phone Consultations Are a Bad Idea

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...

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

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,...

The Importance of Choosing the Right Mediator During Litigation

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...

Should You Tell Your Children You Are Getting Divorced?

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,...

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...

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

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...

Mediation can be a Win, Win for Both Parties

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...

Do You Need an Attorney to Represent You?

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...

Tips to Prepare for Your Day in Court

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...

Support Without Dissolution Under Florida Statute 61.09

Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carried out. In Florida, there is a statute, number 61.09, which states, “If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is...

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...

What Should You Bring to Your Initial Consultation?

To better understand what you should bring to your initial consultation, it Is necessary to understand what an initial consultation with an attorney is designed to accomplish. There are several things to consider: An initial consultation is not a time when an attorney will be giving direct advice involving your potential case. Instead, it a time for you to present the reasons you need an attorney and for the attorney to listen and make suggestions as to how he or she can be of help in getting you the outcome you hope for. As no one can know the mind...