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500 Village square crossing #103
Palm Beach Gardens, FL 33410
Phone: 561-530-4568
Email: PBG@gisondolaw.com

West Palm Beach
777 South Flagler Drive, Suite 800 - West Tower, West Palm Beach, Florida 33401
Phone: 561-530-4486
Email: WPB@gisondolaw.com

Delray Beach
1615 South Congress Avenue, Suite 103,
Delray Beach, Florida 33445
Phone: 561-530-4669
Email: Delray@gisondolaw.com

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1 SE Ocean Blvd., Stuart, FL 34994
Phone: 772-742-4709
Email: Stuart@gisondolaw.com

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(561) 530-4568

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

Legal Blog

Legal information, news, and more

Did You Know Our Retainers are Refundable?

Gone are the days when a handshake was all that was needed to secure a service that would be paid for when the work was completed. Unfortunately, some people will take advantage of a situation where they think they can get the work done and then walk away without paying. And an attorney deserves to be paid for their work. Many years of education, passing the Bar exams, setting up a practice, paying for legal costs such as filing motions and attending mediations and depositions, and completing continuing education requirements have a significant cost. So It is that the practice...

What Is the Difference Between Alimony and Child Support?

The simple answer to the question What is the difference between alimony and child support is that alimony is a payment made from one spouse to the other for various issues involving support or deserved monetary award. In comparison, child support is a payment from one spouse to the other to help pay for the care of a couple’s minor children. Let’s take a detailed look at each type of support. Alimony: Each state has its own set of guidelines for alimony, so that this blog will focus on Florida. There a six types of alimony or, as more recently termed,...

Can I Get a Divorce in Florida Even if My Spouse Doesn’t Want One?

The quick answer to the question, can I get a divorce in Florida even if my spouse doesn’t want one? is yes. In Florida, a no-fault state, all that is necessary is that one party needs to plead irreconcilable differences. The other party doesn’t have to agree or sign anything for a divorce to be completed. That being said, the spouse wanting the divorce cannot just walk into court and get one without going through the legal process of obtaining a divorce. Guidelines are the same for both parties wanting a divorce and only one party wanting a divorce. If there...

When is it Time to Hire a Lawyer?

Hiring a lawyer is an important step in planning and negotiating most legal proceedings. As to the exact time to hire a lawyer, the answer, in most cases, is the sooner, the better. But why is this so? What about trying to save some money and see what you can do on your own first? Looking at planning a divorce, for example, you will see there are definite advantages to finding the right Family Law lawyer as soon as you are thinking about divorce. Right from the beginning, when you are still in the thinking stage, a Family Law lawyer can...

Why is it so Important to Take Your Timesharing?

For many years when there was a permanent separation or a divorce, if there were minor children, either biological or adopted, the court would appoint or order one parent to have primary custody while the other parent had visitation rights. Minor children were all children ages birth to age l8, and beyond if there were medical or mental reasons the child could not support themselves. Along with the right to have the minor child live exclusively with one parent came the right for the custodial parent to make all decisions for the child’s welfare, including major ones like education, medical,...

Protect Your Attorney-Client Privilege

According to the online Legal Information Institute, the definition for attorney-client privilege is as follows:” Attorney-client privilege refers to a legal privilege that works to keep confidential communications between his or her attorney secret. This privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.” It is often necessary for a lawyer to ask very personal questions in order to create a case that is true and viable. For example, if a client has been evading certain taxes, a lawyer needs to know...

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...

Timesharing In the New Year. How to Make Things More Peaceful

Peace on earth and a Happy New Year is wished to many from family and friends. However, for those who have minor children (children born or adopted to the couple from birth to age 18 and beyond if a child cannot support themselves for physical or mental reasons) and have gone through a divorce, there is often not such a peaceful outlook for the new year. Unfortunately, both for the parents and the children, there is often little peace when it comes to timesharing. Timesharing is how most courts now handle who and where the child will sleep each night....

Should We Tell the Kids We Are Getting Divorced?

The question, should we tell the kids we are getting a divorce? has an answer in the affirmative, but that answer will have a lot of considerations attached to it. Let’s look at the how, when, what, and even where you can tell your kids you are getting a divorce. The first consideration is the age of the children in question. Usually, the younger the child, the less information will be needed, although explaining what a divorce is may be necessary. School-age children will likely have friends whose parents are divorced, so they will be familiar with such issues as timesharing...

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...

What Truly is an Emergency in Family Law?

The motto of the Florida Family Court when it comes to minor children is “in the best interest of the child.” A minor child is a child from birth to age l8 or beyond if the child cannot support themselves for physical or mental reasons. Every attempt is made when the court must decide how a minor child will be cared for and nurtured to create as healthy an environment as possible for the child’s continued development. Whether the parents were ever married or lived together, the court feels minor children need both parents as they grow toward adulthood. Parental...

Myths In the Law: There Is No Favoritism in The Law

For many years it seemed when it came to parents of minor children seeking custody and child support following a divorce or separation that the courts generally ruled in favor of the mother receiving primary custody and the father paying child support. Times have changed. There is no longer favoritism when it comes to the care and nurturing of minor children. In the state of Florida Family Court has a motto, “In the best interest of the child,” and this saying is translated into how minor children are cared for and who is responsible for paying child support. To be...

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...