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28 February

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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...

14 December

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The Holidays, a Rocky Relationship’s Worst Nightmare

Posted by Grant Gisondo

in Family Law, Uncategorized

The holidays, a rocky relationships worst nightmare

For many people, the holidays, especially Thanksgiving and Christmas, Hanukkah, and Kwanzaa, are some of the best times of the year. These events are looked forward to by persons of all ages and often are the main time families get together for fellowship and celebration during the year. Unfortunately, if a relationship is on rocky ground, the stress level often associated with holidays and the sometimes awkward circumstances surrounding the deteriorating relationship makes holidays a time to dread rather than to look forward to. Consider the couple who are considering divorce due to an extramarital affair that has surfaced and is...

11 April

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Divorces on the Rise?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Divorce, or dissolution of marriage as it is termed in most states, has, with little exception, been on the rise since the early 1900s when the divorce rate was around 5%. Back then, women had few rights and were usually not in a position to support themselves should they seek a divorce. Men were even allowed to abuse their wives as in the eyes of most people; the woman was the property of her husband. Slowly, as woman gained the right to vote, to own property, to get a university education, to work outside the home, and to have the...

01 April

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In What Order Does the Court Handle Issues?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

PEACE (parenting plan, equitable distribution, alimony, child support, everything else like attorney fees) As with most official situations involving a series of issues, when it comes to dissolution of marriage (divorce) the court will have an order to determine the outcome of resolutions in question. In Florida, there is an acronym, PEACE, which represents the order the court will use to handled is solution of marriage once the case is heard in a courtroom before a judge. Here is what each letter of PEACE stands for: P—parenting plan: In Florida, all couples who are parents of a minor child, either by birth...

22 March

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Attorney Fees-In Florida, Which Party Has to Pay Them?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Sometimes, when a couple agrees on all issues and has no children or jointly owned real property, they can handle getting a divorce without the help of an attorney. There will still be court costs but no attorney fees. For couples who must use an attorney to obtain a divorce successfully, the cost is significant and can become a hardship and bone of contention. This is especially true if one or the other party does not want the divorce, if such reasons as adultery or abandonment are the cause, or if one party is better able to afford attorney fees. While...

Attorney Fees-In Florida, Which Party Has to Pay Them?

19 February

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How to keep your kids out of court (protecting children from litigating a divorce)

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Divorce, or dissolution of marriage as it is now called in most states, is sometimes even harder on children that it is on the adults. Especially minor children are affected as they have no say in what will happen to their future life and in fact, will be made to go along with the final judgment signed by a judge. Not only will they, in many cases, need to move to a new home but will now have two homes to split their overnights. How stressful it must be to have to bounce from one house to the other on...

08 February

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Marriage Counseling … Does it Work?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Does marriage counseling work? To be blunt, sometimes “yes” and sometimes “no.” What are some of the considerations that are more likely to lead to success rather than failure? The following are food for thought: Probably first and foremost, for success of any kind, both parties must recognize the need for marriage counseling and be willing to give it at least a try. Have an open mind. That is trying not to go to counseling thinking you are all right and the other person in all wrong. It is essential to be willing to at least listen to, not just...

28 January

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So You Decided it’s Time For a Divorce…Now What?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Divorce, now termed dissolution of marriage in most states, including Florida, is not something to be taken lightly. However, there are times, for a variety of reasons one or both parties of a marriage determine their marriage is no longer working, it is, as a judge would say, irrevocably broken. Now what? First, if both parties have come to the decision, together, that their life as a married couple is over, they can begin to explore how a divorce works in which state they are residents. If, however, only one party is desirous of a divorce and has not yet told...

24 December

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What Delays Cases?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

Everyone wants their court case to be finished with the judge’s ruling finalized as soon as possible. Quickly is unheard of in the legal world but in many instances there are causes for delays which of course add time to arriving at the final judgment. Here are some of the most frequent reasons for a delay: In most jurisdictions courts are backed up with cases, sometimes for many months. Depending on the type of case and the length of time required to hear the case, to be placed on the docket or schedule can take weeks to months. And, once...

14 December

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How Long Does a Divorce Take?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

There is no definitive answer to“How long does a divorce take.”A number of factors enter into the amount of time it takes to process a divorce. These factors include: Will the divorce be contested or non-contested? If both parties agree on all issues including alimony and marital asset and debt division (Florida is an equitable distribution state, not equal distribution so decisions must be made to determine who gets or pays what and how much.) the time required for a final action is considerably shorter than if there is disagreement. A full financial disclosure from both parties is necessary in...