Best Family Lawyer In Palm Beach Garden

25 May

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

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Necessary Forms

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...

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12 May

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

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting, Time Sharing

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...

15 April

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Do You Need an Attorney to Represent You?

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice

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...

05 April

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Tips to Prepare for Your Day in Court

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Time Sharing

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...

22 March

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Support Without Dissolution Under Florida Statute 61.09

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Time Sharing

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...

04 February

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How to Live with Your Spouse While Going Through a Divorce

Posted by Grant Gisondo

in Child Custody, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Parenting

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...

26 January

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What is Simplified Dissolution in Florida?

Posted by Grant Gisondo

in Alimony, Child Custody, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

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...

18 December

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What Should You Bring to Your Initial Consultation?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting

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...

08 December

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Why an Attorney Will Not Give You Legal Advice in a FREE Consultation

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Lawyer’s Advice, Legal Advice, Parenting

When considering this question, the first thing to clarify is the difference between advice and information. Advice: as defined by online Find Law states, “Legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice. In addition, actual legal advice requires careful analysis of the law as it applies to a person’s specific situation—as opposed for speculation based on generic facts.” Here an attorney would learn the specific facts of a client’s case and do research to determine how best to proceed. Often just getting ready...

07 August

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

Posted by Grant Gisondo

in Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

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...

13 July

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Completing a Family Law Case

Posted by Grant Gisondo

in Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

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...

02 July

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Must We Attend Mediation?

Posted by Grant Gisondo

in Child Custody, Legal Advice, Mediation, Parenting

Must we attend mediation? If you live in the state of Florida and plan to divorce (dissolution of marriage), have a minor child (child under the age of l8 or a child who is unable to provide and care for him or herself) and are looking to set child support and or timesharing including developing a parenting plan, or are needing to return to court for modification of alimony, child support, or timesharing and the parenting plan, you will need to attend mediation before setting a court date. This is true in almost every Florida jurisdiction. Why does Florida lean so...

10 June

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What is Income for the Purposes of Child Support (fla. stat 61.13)

Posted by Grant Gisondo

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

Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase "in the best interest of the child." It goes without saying that it costs money to raise a child from birth to l8 years and beyond if the child has special needs and cannot care or provide for themself independently. In Florida Statute 61:13, which you...

22 May

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What is a Supportive Relationship to Terminate Alimony (fla. state 61.14)

Posted by Grant Gisondo

in Alimony, Family Law, Lawyer’s Advice, Legal Advice

In Florida, there are six kinds of alimony or, as now termed, spousal support. The change to the term spousal support is largely due to the fact support during and following a divorce can be awarded to either spouse, husband, or wife. For many years, alimony was almost always given only to a woman, and so a new term helps identify that either party is eligible to be considered for financial help. One kind of alimony awarded is termed permanent alimony as it is awarded for life until either party dies or the party receiving alimony payments remarries or enters...

What is a Supportive Relationship to Terminate Alimony

30 April

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How to Communicate Efficiently with your Attorney

Posted by Grant Gisondo

in Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Necessary Forms

How to Efficiently Communicate 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...

09 April

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What Happens When You Don’t Follow Your Lawyer’s Advice?

Posted by Grant Gisondo

in Family Law, Laws and Women, Lawyer’s Advice, Legal 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...

30 March

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How to Dress for the Courtroom

Posted by Grant Gisondo

in Child Custody, Family Law, Laws and Women, Legal Advice, Parenting

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...

19 February

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What is a No-Fault Divorce?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

According to Wikipedia, the definition of no-fault divorce is “a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.’ For many years there needed to be a reason such as proven adultery, abuse, abandonment, or mental cruelty for a couple to obtain a divorce. Now, in every state, including Washington...

22 November

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Factors for the Calculation of Child Support

Posted by Grant Gisondo

in Child Support, Divorce Law News, Legal Advice

In the state of Florida, the awarding of child support is mandatory whether the parents have been married or even have lived together. When paternity is proven, a child is born during a marriage, ora child legally adopted, the issue of calculating child support will become a part of a dissolution of marriage (divorce), separation of parents, or when a child is born to a couple. Child support can also be given to a third party who is given legal custody of a minor child when the court rules neither party is able to parent effectively. A side note, child...

Factors For the Calculation of Child Support

11 November

Sticky

Save Those Text Messages: Electronic Evidence

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

Save Those Text Messages Electronic Evidence

Electronic evidence is fast becoming a vital part of testimony in a courtroom. In fact, cases have been lost or won on the basis of electronic evidence. These facts may sound scary, especially to those over 60, but they are a reality and must be taken seriously. Evidence, once it has been authenticated, can be used in the court. However, if a judge deems that the e-mail or phone text message is not able to be authenticated, or is hearsay, the resulting messages will be ruled inadmissible. So what precautions should a person take to avoid having electronic evidence tossed...

30 October

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The Dangers of Not Following Your Lawyers Advice

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

As with any situation where you have asked for advice and then decide not to follow it, there will usually be consequences. The effect of not following your lawyer’s advice, however, can really make a difference in the desired outcome of your case. Here are some likely consequences that may occur: Probably first and foremost is the fact that by not following your lawyer’s advice, you significantly harm the lawyer-client relationship. Your lawyer is working hard for you, and when you decide to no longer pay attention or listen to his or her advice, you give the impression you no longer...

The Dangers of Not Following Your Lawyers Advice

18 October

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All About an Annulment in Florida

Posted by Grant Gisondo

in Family Law, Legal Advice

What is an annulment? According to the online legal dictionary, an annulment is “A judgment by a court that retroactively invalidates a marriage to the date of its formation.” In other words, legally, there never was a marriage between the two parties. In Florida, there are definite grounds an annulment can be obtained, and there is a legal process to follow when desiring such an outcome. It is interesting to note that an annulment is often more complicated and more expensive than a divorce. Let’s take a look at both the grounds and the process. Grounds: • One spouse is still married...

07 October

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Google, a Clients Worst Enemy

Posted by Grant Gisondo

in Family Law, Legal Advice

There are few people today who are not familiar with a computer and/or phone on which they can search the web via Google to find answers for almost any question they can imagine. While this is an excellent source of information and often very helpful, it can also be a detriment to getting answers that are really the truth. In the area of information regarding legal issues, Google can sometimes be misleading. From an attorney’s standpoint, Google can be a client's worst enemy. When an attorney is handling a case for a client, he or she will have the education needed...

27 September

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How to Establish Paternity in Florida ? Part Two: Establishing Paternity in the Courts

Posted by Grant Gisondo

in Family Law, Legal Advice, Paternity

Sometimes the issue of deciding the biological and or legal paternity of a child is best done through the courts and thus letting a judge make the final decision. In Part one of this blog, the out-of-court ways to establish who the real and or legal father of a child are discussed. This part will tell you about using the Family Courts for a paternity matter. When filing a court case to determine paternity in the state of Florida, there are four ways the action can be initiated: • The man who is needing to know if he is or is not...