Florida is an Equitable Distribution State. What Does That Mean?

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice, Mediation

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...

07 June

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The Importance of a Guardian Ad Litem in a Dissolution Case

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Laws and Women, Lawyer’s Advice, Legal Advice

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...

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, property

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...

22 July

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Why Hiring an Attorney Before Your Case is Filed is a Good Idea?

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Uncategorized

Probably the reason most people wait until the last minute to hire an attorney is the cost. Many attorneys charge by the quarter-hour, and this can add up fast when having a conversation regarding a case not yet underway. While this is true, there are reasons it is a good idea to hire an attorney before your case is filed. Here are some of them: • An attorney can help you sort out the details of a case required to handle your concern such as a divorce, bankruptcy, or child support. • As detailed financial documents will be required, an attorney can...