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

Legal Advice

Grant J. Gisondo, P.A. > Legal Advice

Going to Trial and Being Prepared

Note: This blog will assume you are being represented by an attorney as self-representation involves a great deal more preparation and most of it of a different sort.  It is time to go to court. Usually, there has been a substantial period of time prior to this event in which both you and your attorney have spent many hours researching the appropriate laws, documenting proof, and preparing strategies for taking your case before a judge. While an appeal of a final judgment is often allowed, it is expensive and time-consuming so it is best to plan to make your one day...

Divorce Is Not an Ending but A Beginning

Divorce, or as it is now termed, dissolution of marriage, can for many seem the end of the road. This is particularly true in long-term marriages or in marriages where just one partner desires the divorce. And, if the reason for desiring a divorce is another woman or another man, the distress is usually multiplied many times over. Being rejected is probably one of the most hurtful of human experiences and one that puts a huge damper on a person’s ego. In our culture, divorce can be looked upon as “too bad,”and “it was likely your fault in the first...

Family Law Attorney Palm Beach Gardens FL: Understanding Restraining Orders

Key Highlights Protection: Restraining orders offer crucial legal protection for individuals facing threats, harassment, or violence, ensuring their safety and peace of mind. Types: Florida law provides various restraining order types, including those for domestic violence, repeat violence, dating violence, and sexual violence. Requirements: To obtain a restraining order, specific criteria, including proof of a credible threat, must be met. Process: Filing for a restraining order involves a legal process, typically initiated at the county courthouse. Enforcement: Law enforcement takes violations of restraining orders very seriously. They can and will make arrests, underscoring the gravity of the situation and the...

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...

Benefits of Having a Divorce Concierge Lawyer

Divorce can be an incredibly difficult process for couples, but having a divorce concierge lawyer can be most beneficial. Divorce concierge lawyers are a relatively new type of lawyer specializing in divorce and are equipped to make the process smoother for their clients. They are also often more affordable than traditional divorce lawyers. Here are some of the benefits of having a divorce concierge lawyer. Cost. Divorce concierge lawyers are often more affordable than traditional divorce lawyers. Because they are more focused on helping their clients through the divorce process, couples will more frequently come to a successful marital settlement agreement,...

Equitable Distribution of Marital and Non-Marital Assets in Florida

Division of assets in a divorce, or as it is now termed, a dissolution of marriage, is often considered, after the fate of minor children, the most difficult and heart-wrenching aspect of divorce. Material possessions, as well as property obtained after the marriage, referred to as marital assets, can hold a great deal of sentiment, as well as the feeling that hard-earned money went into obtaining the assets, and each party wants their fair share back. In Florida, the division of marital assets is done in an equitable, not equal, way. In other words, marital assets will be divided to...

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 to Do if Your Spouse Won’t Sign the Divorce Papers

Divorce, or as it is now usually termed, dissolution of marriage, is not something most people want to have happen to their happy ever after marriage. In fact, it sometimes happens one of the parties in the divorce does not want the divorce and refuses to cooperate or sign a marital agreement. Each state has statutes determining how divorces are granted and what happens if one party is unwilling to agree to any terms of the divorce. For the purpose of this blog, we will look at the state of Florida. Florida is a no-fault state when it comes to divorce....

How forensic accountants save you money in divorce

Before exploring how a forensic accountant can save you money in a divorce, it is necessary to understand what a forensic account’s job title entails and why someone qualified as a forensic accountant can testify in court on your behalf even though they have not been an eye witness to your case. A forensic account is a person who is educated, trained, and licensed to investigate the financial and business affairs of an individual both on a personal level and when a business is involved with a divorce case. Accounting, auditing, and financial document analysis are important parts of the...

Why Prenuptial Agreements Are a Great Idea

Get Professional Legal Help When Writing a Prenuptial Agreement Prenuptial agreements in Florida are becoming more and more popular as there are more second and beyond marriages where parties have been “burned” by a previous divorce. Everyone wants to think that their marriage will last until death do they part, but in the United States, the divorce rate hovers near 50% and higher for second and beyond marriages. There is also a surge in grey marriages among couples over 50 years, many who have stayed together until their children are raised. So, in many instances, a prenuptial agreement is a great...

Why Your Lawyer Really Doesn’t Know How Much Your Case Will Cost

To determine how much a case would cost, a lawyer would need to be able to see into the future. Even when a lawyer charges a flat fee for a case, there will still be other costs to consider. Let’s take a look at some of the costs a case could encounter, ones a lawyer would have no way of knowing in advance of a case’s conclusion. To begin with, if you are paying by the hour or sometimes in increments of minutes, a lawyer will charge a specific amount per hour or the number of minutes. However, it cannot...

Is a Yearly Bonus Considered in Child Support or Alimony

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...

Holiday Timesharing Trumps Regular Timesharing Schedule

If you have gone through a divorce or separation involving minor children, you and the court will have established a parenting plan and a timesharing arrangement. The information included will be a part of your divorce decree ordered by a judge, and it must be followed, even during the holiday season. As the holiday season fast approaches, it is wise to read over your parenting plan and parental timesharing order details. Neither party can change any part of these agreements outside of returning to court for an official ruling by a judge to make a change. And then there must...

Tips For Dealing with the Stress of a Divorce

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...

How Long Does a Divorce Take Is A Question?

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...

Parental Timesharing, Parenting Plans, and School Boundary Issues

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...

Be Careful What You Text the Other Party

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...

Why You Should Hire a Board-Certified Lawyer

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...

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...