Marital Settlement Board-Certified Family Law

15 June

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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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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...