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

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...

26 April

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Mediation can be a Win, Win for Both Parties

Posted by Grant Gisondo

in Alimony, Child Custody, Divorce Law News, Family Law, Lawyer’s Advice, Mediation, Parenting

In many states, including Florida, mediation is required for most cases before the case can be scheduled for a court date. This is done for a variety of reasons which, in the end, if mediation is successful, can be a win, win for both parties. Mediation is where both parties and their attorneys try to agree on the outcome of the case in question. A trained mediator, often an attorney, will keep the conversations on track and remind the parties how important it is to seriously consider compromise in order to resolve the issues. Taking a look, for example, at...

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...

02 March

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What is Income for The Calculation of Child Support and Alimony?

Posted by Grant Gisondo

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

Child support and alimony are two of the most crucial decisions made during a dissolution of marriage (divorce). Child support can also be ordered if parents have never married each other or even lived together. Creating a child is the bottom line for child support. Whatever the circumstance for needing alimony or child support, there are considerations. The calculation of income supporting the awarding of alimony and child support is as follows and is applicable for each party: Salary: How much money per month/year before taxes and deductions does an individual make? A salary is a lump sum amount earned...

17 February

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Florida Procedures For Custody of a Minor Child by an Extended Family Member

Posted by Grant Gisondo

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

Unfortunately, there are many times when neither parent can care for their minor child. Reasons are numerous and can include death, ill health, mental problems resulting in abuse, drug addiction resulting in abuse and neglect, desertion, and incarnation. Sadly, the numbers of these children being cared for by a family member, most often grandparents, is in the millions. Studies showed in 2018, there were 2,733 000 minor children living with family members other than their parents. Each state has its own set of guidelines and requirements for the legal ordering of custody for minor children, which can be found in...

Child custody lawyer in palm beach county

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...

02 December

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What to Know When a Child Flies to Visit Parents During COVID

Posted by Grant Gisondo

in COVID l9, Divorce Law News, Family Law, Lawyer’s Advice, Parenting

Life must go on even during the current COVID pandemic. This life includes the timesharing orders between parents of minor children. When it is nice if both parents live in the same geographical area, it today’s transient society, it often happens that parents live miles and sometimes states apart. As most parental timesharing plans include instructions on allowing minor children to visit, even when many miles separate them, it is important to understand how a minor child can fly between parents. If a minor child needs to fly without an accompanying adult, the child is considered an unaccompanied minor, and...

20 November

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Co-parenting Post COVID

Posted by Grant Gisondo

in Child Support, COVID l9, Divorce Law News, Family Law, Lawyer’s Advice

In Florida, co-parenting is referred to as parental timesharing. A couple who has natural or adopted minor children (children from birth to age l8 or a child who cannot support themselves for mental or physical reasons) and decides to divorce, separate from a cohabitation relationship, or hasn’t lived together, will be required by Family Law Courts to share the care and nurturing of their children. Florida Family Law is built around the motto “in the best interests of the child.” As research has shown children, develop better with the influence of both parents, and parental timesharing has resulted. A parenting...

10 November

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Trial Can Be a Legal Roulette

Posted by Grant Gisondo

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

You never know what a judge will rule! This is so true when it comes to the final decision a judge will make concerning a case. Taking a divorce handled in Family Court in Florida, for example, a judge must rule on many issues. While there are guidelines in the Florida Statutes for divorce, it is up to a judge to decide how best to apply the guidelines to each situation. Some of the areas a judge must rule on include: Alimony: there are six types in Florida, each with its own set of qualifications. A judge must decide if alimony...

31 October

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How Does Successful Mediation Cut Costs and Give You Control of Your Divorce?

Posted by Grant Gisondo

in Child Support, Family Law, Lawyer’s Advice, Mediation

The definition of mediation is a process in which a mediator, that is a trained, neutral third person, works with a couple and their attorneys to create a mutually acceptable agreement termed a marital settlement through a process of cooperation and negotiation. Saving money and keeping control are two aspects of a divorce case that most couples would like to take advantage of. Today’s high costs for a good attorney and the uncertainty of how a judge will rule on such issues as alimony, distribution of marital assets and liabilities, and the future care and support of minor children are a...

19 October

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Does “Presumption” Play a Part in Awarding Alimony in a Short-Term Marriage?

Posted by Grant Gisondo

in Alimony, Child Support, Family Law

Sometimes the law uses big words to define a legal situation. Such is the case with the word “presumption,” a word not commonly used. The words assume and presume, however, are frequently used and are helpful in understanding the word “presumption.” If you presume or assume something to be true or false, you base your decision on thoughts and ideas not necessarily yet proven to be fact. For example, you might presume it is cold outside, and you need to wear a coat as the furnace is running and yesterday it was cold outside. You may or may not be...

17 September

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Dissolution of Marriage During COVID

Posted by Grant Gisondo

in COVID l9, Divorce Law News, Family Law, Lawyer’s Advice

proceedings for Dissolution of Marriage during COVID l9

COVID has and is affecting the way we live our everyday lives. It seems there is no area left untouched by one regulation or another, and Family Court in Florida is no exception. For those couples who are seeking dissolution of marriage (divorce), there have been significant changes in the way things are done in order to complete the process of dissolution. The main thing to be aware of regarding a dissolution hearing is that as of May 21, 2020, an issue was ordered by the Supreme Court of Florida termed the Administrative Order AOSC20-23 Amendment 2. This amendment is in...

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...

24 July

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Can We Settle the Case Without Conducting Discovery?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Laws and Women

First, before answering the question asked in the title, it is important to understand the definition of the word “discovery” as it pertains in the legal sense. While it is true discovery means to find out about, investigate, ask questions about, and explore information relevant to a topic, there is a deeper meaning when it comes to preparing a legal case for court. The following definition is found online from upcounsel “The formal procedure used by parties to a lawsuit to obtain information before a trial is called discovery Part of the pretrial litigation process during which each party requests...

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...