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

Legal Blog

Legal information, news, and more

Understanding Florida Alimony

Alimony, or as it is often called, spousal support, is a monetary award given to one party in a divorce (dissolution of marriage). As each state has its own statutes spelling out exactly how to obtain a divorce in that state, alimony is one of the topics covered. Therefore it is important to check the statutes of the state where the couple resides to determine how alimony is handled in their state. For persons seeking a divorce in Florida, they can research Statute 61.08 to learn the details of alimony in Florida. Here follows a brief summary of the types...

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....

What to Look for in a Family Law Attorney

Family law is civil, not criminal law. Just as the words “family law” suggest family law focuses on issues needing professional legal advice and representation relating to family concerns such as child support, parental timesharing, divorce, alimony, distribution of marital assets and liabilities, pre and post-marital agreements, bankruptcy, mediation, modifications of child court orders, and adoption. In other words, Family Law concerns legal matters that directly affect a family and its members where there are no criminal allegations. In most instances, even though a person can represent themselves on most legal family matters trying to be your own attorney is...

Florida – The No-Fault Divorce State

No-fault divorce is now a reality in all states except Illinois and South Dakota. For many years there needed to be a reason, such as adultery or extreme cruelty, for a couple to divorce. Not anymore. If you want a divorce and follow the proper state guidelines to obtain a divorce, you can, without the other person’s consent, obtain one.  For a detailed description of what a no-fault divorce means, the following quote is from the online Legal Dictionary | Law.com: “(dissolution) in which neither spouse is required to prove “fault” or marital misconduct on the part of the other. To...

How Grey Divorce Differs from a Typical Divorce

Grey divorce, what is it? The term grey divorce emerged several years ago when research began to show that while the divorce rate in the United States was finally beginning to move below 50 percent, what was slowing this drop was the significant increase in divorces among those with grey hair, that is generally the over 65 years of age group. At present, statistics show couples divorcing after the age of 50 are responsible for one-quarter of divorces overall, and many of these couples are over the age of 65. What does research show are the main reasons for this...

Sunset Clause – Should You Add One to Your Prenuptial Agreement?

Sunset clause, what is it, and why would a couple put one in their prenuptial agreement? Before answering that question, it is important to examine what a prenuptial agreement is, as this will help explain the possible need for a sunset clause. Prenuptial agreement: sometimes, before a marriage takes place, the couple will have concerns about such issues as a business, minor children from a former relationship, large debts belonging to one party, real estate property belonging to one party, alimony (should it be needed), certain special personal belongings like a family heirloom, and valuable collections and jewelry. Each party wants...

Who Pays the Attorney Fees in Child Custody Cases

Child custody in Florida is mainly concerned with the concept of parental timesharing, which includes the equal care and nurturing of children (a minor child is from birth to l8 years of age unless the child is unable to support and care for themselves due to physical and mental reasons). Included in the care and nurturing are terms of overnights, sharing responsibility for educational, spiritual, medical, and discipline concerns, and for following the parenting plan created for their minor child. The term custody is used when one or both parents cannot parent appropriately, including being in jail, having a drug...

Can Child Support Be in a Prenuptial Agreement

Prenuptial Agreement, a legally binding agreement between the two parties before marriage, is usually drawn up by a prenuptial agreement attorney. While it is not required to have an attorney or legal professional help parties draw up a prenuptial agreement, it is wise to do so as providing the agreement is acceptable to the court, should a divorce become necessary, the terms of the prenuptial agreement will be used to help write the final order. Most Family Law attorneys are experienced in helping write prenuptial agreements and can be considered a prenuptial agreement attorney. There are several requirements that must...

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...

Going to Court in Florida for the First Time – Here’s What to Expect

Going to court is not the same as going to a job interview, although there are some similarities. You will be the center of attention when it is your turn to take the stand, and you will be asked a number of questions. Even if you are not taking the stand, you will be expected to follow the dress code and etiquette required by the Florida Court’s rules. Additionally, if this is your first time in court, you will need to be aware of several facts that can help make or break your day. A judge expects a certain level...

Why You Need a Good Attorney to Help with a Divorce Mediation

A divorce mediation attorney who is knowledgeable and supportive in helping you navigate a mediation can make a tremendous difference in the positive or negative outcome of your divorce. Each state has its own rules and guidelines regarding divorce and mediation, so this blog will look at Florida, where mediation, before a divorce can be scheduled in court, is a requirement for almost every jurisdiction. First, what is mediation? Mediation is a meeting between the two divorcing persons, each with their attorney and a court-trained and licensed mediator. In Florida, a mediator licensed to mediate is given the title of Licensed...

Bankruptcy and Divorce – How Do They Affect Each Other?

Bankruptcy and divorce are both difficult decisions to consider, and considering them at the same time raises some concerns and questions. Financial concerns are often the focal point of divorce. Research has shown that how to divide marital property, both personal and real estate, has caused more stress and frayed nerves than other aspects of a divorce, with the exception of the ongoing care and nurturing of minor children. As many states, including Florida, use equitable distribution rather than equal distribution, the job of determining what is non-marital and what is marital becomes vital to the process of division of...

What Happens in Divorce Mediation in Florida

Divorce mediation in Florida is extremely common as most jurisdictions require a couple to attend mediation for a divorce before a court date can be set. Mediation is a meeting of both parties and their legal professional(s) with a mediator who will guide the proceedings by helping to keep emotions calm and finding ways to a possible resolution or compromising of the issues regarding the divorce or dissolution of marriage as it is now termed. If all areas of the divorce, including alimony, child support, parental timesharing, parenting plan, and equitable distribution of marital assets and liabilities, are agreed upon,...

What is a Post-Judgment Modification in Florida

To modify, according to dictionaylaw.com, is “a change in an existing court order or judgment made necessary by a change in circumstances since the order or judgment was made or to cure an error.” In Florida, post-judgment modifications can be made to alimony, child support, parental timesharing, and the parenting plan. No changes to an existing order or judgment can be made by the parties themselves but only through mediation or by a judge. In all cases where a post-judgment is requested, there must be proof of material, substantial, and unanticipated (before final judgment) change. Different modification needs can determine...

What Does a Concierge Law Firm Do

Concierge, the definition from Miriam Webster's online dictionary: “a person or service that provides assistance with personal business.” Concierge lawyer, the definition provided online by Philip L. Chapman, legal counsel at Brown, Moskowitz & Kallen PC, “is a trusted advisor who helps clients make informed business decisions and personal legal decisions without the clients having to be concerned about being billed by the minute or the hour.” The client will pay a yearly retainer based on the projected need for service, and the lawyer will provide a variety of specialized services. Some of the concierge services that may be provided in...

What is a Lawyer Retainer Fee and How does it Work

Lawyer Retainer Fee Lawyers charge a fee for their services, as most people do for professional services. Their fees may seem high, but when you consider the years of education and the number of exams it takes along with ongoing educational requirements by the Bar, most lawyers charge an amount reflecting their accomplishments. It is always a good idea to find out about a lawyer's fee arrangements before you decide to hire them or sign a client contract, as there are different ways a lawyer typically handles their fee requirements. In most instances, at least a certain percentage of the projected...

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...

Domestic Partnership vs Marriage in Florida

What you need to know about same sex marriages and domestic partnership in Florida When explaining the difference between domestic partnership and marriage, it is necessary to look at the definition of each type of relationship. 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 anyone else).” Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their...

The Presumption of 50/50 timesharing

Is it going to actually pass as a law? The presumption of 50/50 timesharing is a hot topic concern in the halls of justice in Florida. For several years the family law community has been debating whether to take the 50/50 timesharing issue from letting a judge determine its usage for the care and nurturing of minor children to making this presumption a law. Several attempts have been made to have appropriate bills passed and signed, but to date, this has not happened. However, at present, there is a strong bill that is making its way through the Florida law-making process,...

Talking Parents vs. Our Family Wizard

All About The “Talking Parents” Communication Website And How It Compares To Florida’s Our Family Wizard Site Raising children with care and nurturing has never been an easy task, no matter how many years you go back in history. The responsibility of seeing to the physical, emotional, mental, and spiritual development of a human child from birth to age l8 and sometimes further can, at times, seem overwhelming. And, when a family is broken for reasons of divorce (dissolution of marriage) or separation, in the case of parenting outside of marriage, any minor child born or adopted by the couple will...

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...

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...

There is No Favoritism in The Law

For many years it seemed that family courts were biased in favor of one party or the other in a divorce, especially when minor children were involved. As time has gone on, however, family courts have changed in the way they administer justice until there is now no favoritism in a judge's decision regarding divorce issues such as alimony, child support, and who will care for and nurture the minor children. (A child is considered a minor from infancy to age l8 and beyond if the child is unable to support themselves due to severe mental or physical disability.). Here...

Summer Timesharing in a Parenting Plan

How to manage when your school-age children are not in school Trying to figure out how to manage timesharing with your school-age children when they are not in school, especially during the several weeks of summer vacation, is a challenge. Typically, when parents of minor children (children from birth to l8 years and beyond if a child is unable to support themself for physical or mental reasons) are going through a divorce or separation, there will be what is called a parenting plan created. This plan can be formed at mediation by the parents themselves, or if the case goes before...

Tips To Manage Stress During a Divorce

Going through a divorce is rarely easy and never without stress. Even when both parties want the divorce and there are no children involved, there will be stress. Stress can come in many ways, including the disagreements as to who gets what, from the delay in the time it takes to complete all the necessary steps to a final decree, to emotional heartbreak, to trying to figure out how life will be when the divorce is over. Most couples had hoped for a “forever after” on their wedding day, and just the realization that their marriage didn’t make it is...

How Much Alimony Can I Expect to Pay?

Alimony, frequently referred to as spousal support, is a monetary amount awarded to either spouse based on a variety of factors, including: A proven need for alimony must be present. It must be shown that a party needs alimony to manage finances during the transition from married life to single life. A party does not have the skills or education to gain employment at a level needed to support themselves without the help of a spouse. One party has stayed home during the marriage and provided care for the home and children, if any, while the other spouse has been...

In Florida, Do I have to Pay Child Support If I Have No Visitation Rights?

Yes, if you have been ordered to pay child support, you cannot waive that responsibility. Even if you have no visitation rights, you must still pay your ordered child support. In Florida, child support and visitation rights are two separate issues, one not depending on the other. In fact, if you don’t have visitation rights and are hoping to obtain them if your child support payments are in arrears, a judge will not consider your request. Child support is a court-ordered obligation for any couple who have created a child, whether the parents have married, lived together, or met for a...