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

    Legal Advice

    Grant J. Gisondo, P.A. > Legal Advice

    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...

    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...

    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...

    Social Media Posts and Photos Can Be Used Against You in Court

    Social media, the blessing, and curse of the modern world. YouTube, Facebook, Tumbler, Twitter, Snapchat, Instant Messenger, Linkedin, Instagram, and Pinterest are examples of social media options. It is amazing to be able to talk with and see people around the world. You can take videos of activities, people, and just about anything the mind can think up. Information is non-ending, and music and art abound. Authors Marisa A. Tradatti and Anna C. Horevay  write, “There is a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb and...

    Grant J. Gisondo, P.A.