Blog | Family Lawyer Grant J. Gisondo in Palm Beach Gardens

08 September

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How to Prepare Financially For a Divorce

Posted by Grant Gisondo

Whether your marriage has finally wound down to where both parties realize a divorce is what they both deem necessary or whether your spouse suddenly tells you there is to be a divorce, it is vitally important you begin to think about and plan for the inevitable financial changes the future may bring. Emotions will no doubt be running high, especially if you have not suspected divorce was coming, but to salvage as much as possible for your post divorce life you must immediately begin to plan for the divorce. And, finances will play a huge role in how you...

27 August

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Why You Need An Attorney… Even If Your Case Is Uncontested or Simple

Posted by Grant Gisondo

in Family Law

In today’s world of seemingly complicated legal maneuvers, it hardly seems possible that a case could be considered simple.Or commonly called, uncontested, when both parties agree completely on all issues to be resolved and adjudicated by the court, but hardly simple. The very definition of “simple” states “simple refers to something that’s easy and uncomplicated, without too many steps.” speaks to a modern day court system which can hardly be found to be “simple”. While it is true some cases are very forthright with all necessary proceedings, paperwork, and desired outcomes neatly tied together; there are still numerous steps to...

17 August

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Retroactive Child Support

Posted by Grant Gisondo

in Child Support, Family Law

As each state has their own set of Family Law guidelines (statutes), for the purposes of this blog, guidelines for the state of Florida Child Support Laws, which include retroactive situations, will be used. In Florida Family law, the term “in the best interest of the child” is used frequently and in a sense becomes the goal or mission of the Florida Courts. It is important to note that child support in Florida is a legal requirement for all parents, living or not living together, married, divorced, or never married. When a child is born, unless custody is signed over...

11 August

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Hearsay . . .

Posted by Grant Gisondo

in Family Law

The most misunderstood objection there is Hearsay, a word that most people hear in movies, and on television, such as judge shows, as well as in many crime or mystery novels where courtroom drama is part of the plot. But what exactly is “hearsay” and just how is it explained and used, or in many cases, not used. The definition of “hearsay” as found in the online legal dictionary, states, “A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted”. These statements can have been made verbally, in writing, or by...

01 August

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The Importance of The Family Law Attorney as an Advocate, Counselor, and Advisor

Posted by Grant Gisondo

in Family Law

To be able to look at how a Family Law Attorney can be an advocate, counselor, and advisor, it is necessary to determine what areas of law said Family Law Attorney will practice. For the purpose of this blog, a Family Law Attorney with over 10 years experience, Grant Gisondo, will be used as an example. Attorney Gisondo has his practice in West Palm Beach, Florida and serves Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Hillsborough, and Orange counties. He is also licensed in Washington DC and New York. Looking at his areas of practice which include: Divorce or Dissolution of Marriage Child Custody ...

23 July

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The UCCJEA

Posted by Grant Gisondo

in Child Custody, Family Law

What it means, what it’s for, and how it can protect your family. What it means: The letters UCCJEA stand for Uniform Child Custody Jurisdiction and Enforcement Act. In 1997, due to frequent misuse of parents trying to avoid custody determinations by moving from state to state or even leaving the country, the National Conference of Commissioners on Uniform State Laws put together the UCCJEA to help prevent parents from using unlawful conduct in child custody disputes. The UCCJEA sets forth a set of rules and procedures for interstate and international custody battles. Each state has a section of their state...

15 July

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Negotiation in Mediation

Posted by Grant Gisondo

in Mediation

Successful negotiation strategies First, it is important to understand what mediation is and what it is not. Legal mediation is a form of alternate dispute resolution where, through the participation of a third party termed a “mediator”, issues needing resolution are presented with the hope of coming to a settlement, making a court hearing unnecessary. While a mediator is not a judge and cannot forcibly resolve issues brought to the mediation table, he or she can facilitate compromise and guide the parties to a reasonable outcome. Studies show that, overall, mediation is faster and less costly than waiting and paying for...

01 July

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What Do You Know About Prenuptial Agreements in Florida?

Posted by Grant Gisondo

in Divorce Law News

What do you know about prenuptial agreements

Here’s 10 questions and answers to test your knowledge of prenuptial agreements, you might be surprised! There are many uncertainties about prenuptial agreements. Which ones are true and which ones are false? Take our true or false quiz below to find out more. [vc_accordion][vc_accordion_tab title="1. Any couple can seek a prenuptial agreement • True or False?" open="false"][vc_column_text pl="0" pr="0" pt="0" pb="0"] True • Any couple can have a prenuptial agreement. The key word here is “couple”. Both parties must want (without coercion), sign and have witnessed, and notarized the completed agreement for the prenuptial agreement to be legally binding. [/vc_column_text][/vc_accordion_tab][vc_accordion_tab title="2. You have to be rich to hire...

20 June

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Temporary Relief

Posted by Grant Gisondo

in Family Law

Understanding what it is all about. First, lets take a look at just what temporary relief means in reference to legal matters in Florida Family Law. As the words imply, temporary means an indefinite period of time and relief means to give help to improve a situation. In legal matters the terms indicate that the judge can order relief, often financial, for a proven need for the duration of the litigation starting from the date of the relief hearing and lasting until there is a final judgment order. There are a number of reasons a party might need temporary relief during...

12 June

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All About Attorney Fees

Posted by Grant Gisondo

in Family Law

How to get your spouse to pay them Even when you think you should qualify for help paying your attorney fees and you follow the Florida statutes’ guidelines, which allow for payment of reasonable attorney’s fees from one party to the other party, there is no guarantee that the court will agree. It is interesting to note, however, that in Florida the courts are concerned that each party be represented by legal counsel and one party who is much better able to pay attorney fees than the other party should not be able to take advantage of the other party by...

25 May

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Alimony Income Used to Boost Mortgage Approval Chances?

Posted by Grant Gisondo

in Alimony, Family Law

Alimony income can be used to boost mortgage approval chances since it is considered as income for banks. First let’s take a look at what alimony income would look like. In most states there are five types of post divorce alimony, that is money received following a divorce which one party receives from the other, usually in monthly payments. Lump sum alimony is an exception as it is one large payment following the final judgment and no more payments in the future. Permanent alimony is an adjudicated amount paid monthly for the life of the recipient unless the recipient remarries, has...

14 May

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The War on Women in America

Posted by Grant Gisondo

in Laws and Women

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...

28 April

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All About Relocation With a Minor Child – Contested (Part 2)

Posted by Grant Gisondo

in Divorce Law News

What to do when a petition to relocate is contested? As detailed in Part 1 of All About Relocation With a Minor Child Uncontested, the state of Florida has mandated that no person who is part of a parenting plan (custody) or has timesharing with or access to a child (visitation) as determined in the final judgment of the parent’s dissolution of marriage (divorce) can relocate themselves, with or without the minor child, further than 50 miles from their legal primary residence at the date of final judgment for more that 60 consecutive days. And, there are just three ways a...

11 April

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Disestablishment of Paternity

Posted by Grant Gisondo

in Family Law, Paternity

Disestablishment of paternity essentially means that a male who has been adjudicated to pay child support for a child thought to be fathered by him, has proof that he is, in fact, not the biological father of said child and desires the court to eliminate him (disestablish) as the father (paternity). Quite naturally the alleged father does not want to continue to pay child support for a child he did not father, but until the court disestablishes his paternity he must continue to pay. An experienced family law attorney such as Grant Gisondo, PA whose office is in West Palm...

28 March

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All About Prenuptial Agreements

Posted by Grant Gisondo

in Family Law, Prenuptial Agreements

Can they be set aside? A prenuptial agreement, sometimes referred to as a premarital agreement, is a written contract between two persons planning to be married. It must be entered into voluntarily on the part of both parties, always in writing, signed by both parties, witnessed, and notarized. These conditions must be met if the prenuptial agreement is to be upheld in the courtroom. Additionally, a prenuptial agreement can be set aside if it can be proven either party has lied or failed to give full financial disclosure at the time of signing. If one of the parties does not understand...

14 March

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Is Paying Alimony Tax Deductible?

Posted by Grant Gisondo

in Alimony, Family Law

Yes, paying alimony can be tax deductible. However, there are guidelines to be followed both by the person receiving and the person paying alimony. Here is what you need to know. Alimony, which can also be referred to as spousal maintenance or spousal support, occurs when, following a divorce or separation, one spouse is adjudicated to pay the other spouse a determined amount of money. The award of alimony can be temporary, just for the duration of divorce litigation, permanent, for the lifetime of the recipient unless the recipient remarries, or within a given time frame as determined in rehabilitative, durational,...

10 March

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Same Sex Marriages and Domestic Partnerships

Posted by Grant Gisondo

in Family Law

What you need to know about same sex marriages and domestic partnerships According to Wikipedia, the online dictionary, “A domestic partnership is an interpersonal relationship between two individuals who live together and share in common domestic life but are not married (to each other or to anyone else).” In the state of Florida there is no statewide recognition of domestic partnerships. However, nine counties do recognize domestic partnership and they are Palm Beach, Monroe, Broward, Miami-Dade, Pinellas, Orange, Leon, Sarasota, and Volusia. Legal issues surrounding these relationships including, but not limited to, separation involving distribution of assets, child support and parental timesharing...

22 February

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Modification of a Final Judgment as Related to Child Support

Posted by Grant Gisondo

in Child Support, Family Law

First, let’s a look at the terms final judgment and child support: Final Judgment: This is the finished document signed by the presiding judge overseeing a couple’s dissolution of marriage. It will contain the ways in which each spouse will govern their obligations to each other and to their children (if there are any). Each case is different and there are a myriad of items, which may be part of the final document, the issue of child support being one of them. This document can also be used to stipulate child support requirements for non-married couples whose union has produced children...

27 January

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What Happens to Retirement Assets in a Divorce Settlement?

Posted by Grant Gisondo

in Divorce Law News

We so often think of divorce, or dissolution of marriage as it is now termed, as usually happening to couples in their twenties and thirties. So why, then, would there be much concern with retirement assets as there would likely be little to consider unless the couple was wealthy? In truth, however, a phenomenon termed Gray Divorce, that is divorce involving couples over the age of 50, is occurring in the US at an alarming rate. According to sociologists at Bowling Green, Ohio, State University who did an in depth study of Gray Divorce, the rates for older couples divorcing...

Retirement assets in a divorce settlement

15 January

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Considering a Divorce in Florida, What Can You Do?

Posted by Grant Gisondo

in Divorce Law News

Here’s where you can start and what comes next. First and foremost you and your spouse need to try all avenues, including counseling, to try to reconcile and keep your marriage intact. However, when you have definitely decided to seek a dissolution of marriage (this is the legal term now used for the word “divorce”), what comes next? This blog will focus on Florida, remembering each state has different guidelines and laws regarding divorce. In Florida it is possible to go to the courthouse and pay for, fill out, and file your own paperwork to begin the legal process for dissolution of...

09 January

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All About Child Support Calculations

Posted by Grant Gisondo

in Child Support

Divorce or the severing of a relationship where a child or children have resulted, is rarely easy or without dissension. One of the most frequently asked questions is how much child support monies will be awarded. This is a concern from both the standpoint of how much money one parent (this can be either the mother or the father and is usually the custodial parent) will receive and how much money the other parent (usually the non-custodial parent) will need to pay. In the state of Florida child support amounts are usually determined by factoring how many children are involved, how...

01 January

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Family Law, What Does This Mean?

Posted by Grant Gisondo

in Family Law

For the average person, when the need for an attorney arises they aren’t sure where to start looking. Even looking in the yellow pages of the phone directory is confusing as there in not just a long list of lawyers to choose from but many different kinds of law practices represented. As you are reading this on the website of Family Law Attorney Grant Gisondo, PA you are likely interested in understanding just what a Family Law practice encompasses. To put it simply, Family Law covers all areas of legal assistance needed to help persons with legal matters pertaining to family...

15 December

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Child Support: What really matters?

Posted by Grant Gisondo

in Child Support, Family Law

Parents are legally duty-bound to provide support for their children and it is considered the right of the child to be fed, clothed, and safely cared for in a nurturing environment. While this supportive care is not always a reality, when there is a divorce or dispute with children involved, the rationale of child support is to make sure that at least the children’s basic needs like clothing, shelter and food are met. Environmental issues are also considered but under a different heading than child support. Medical care and health insurance are also in a category of their own. Every state...

30 November

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All About Alimony

Posted by Grant Gisondo

in Alimony

Alimony is financial support provided by one spouse to the other as legal obligation during the process of divorce or for a certain period of time following a final divorce. Courts in general require the spouse who earns more to help support the spouse who earns minimally. There are different types of alimony and each serves a distinct purpose and has different requirements. Permanent Alimony Permanent alimony is to help a spouse with low income or with no income at all. This type of alimony is likely to be granted following a long-term marriage, typically a marriage spanning more than 17 years....

04 November

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Classification of Marital Assets. Why It’s so Important?

Posted by Grant Gisondo

in Divorce Law News

When married couples acquire a property or properties during the course of their marriage, irrespective of who owns it, it is generally known as marital assets. Most common examples include cash, house or estate, stocks, insurance, and pension. In contrast, those things that are not considered as marital assets are those that are acquired before marriage such as assets acquired as a gift, assets given by inheritance, assets that are traceable to other distinct property, like for instance cash received from a sale of a home acquired before marriage, and assets that are agreed upon before marriage, in writing, by...