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

    Family law in Florida Tag

    Grant J. Gisondo, P.A. > Posts tagged "Family law in Florida"

    Support Without Dissolution Under Florida Statute 61.09

    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...

    Is Your Case Ripe for a Modification? Here are the Standards You Must Satisfy

    As with many situations in life, circumstances change as time goes on. This is true of court-ordered spousal support (alimony), child support, and time-sharing. When either party finds him or herself in a position where they think there is a need for modification, Florida Family Courts have very definite standards in place. Obtaining a modification is not easy, but it can be done. The following guidelines will help you decide if your situation will qualify for a hoped-for modification. However, it is always best to seek the advice and help of an experienced Family Law Attorney when seeking a modification...

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

    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...

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

    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...

    How to Live with Your Spouse While Going Through a Divorce

    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...

    What is Simplified Dissolution in Florida?

    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...

    Will the Other Side Be Required to Pay My Attorney Fees?

    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...

    Can We Settle the Case Without Conducting Discovery?

    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...

    Completing a Family Law Case

    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...

    Must We Attend Mediation?

    Must we attend mediation? If you live in the state of Florida and plan to divorce (dissolution of marriage), have a minor child (child under the age of l8 or a child who is unable to provide and care for him or herself) and are looking to set child support and or timesharing including developing a parenting plan, or are needing to return to court for modification of alimony, child support, or timesharing and the parenting plan, you will need to attend mediation before setting a court date. This is true in almost every Florida jurisdiction. Why does Florida lean so...

    Grant J. Gisondo, P.A.