When you have a dispute with someone that lands you in court, chances are sooner or later you will attend mediation.  In many states, such as West Virginia, mediation is required in all circuit court civil cases, and in most custody cases.  If the parties have not voluntarily participated in mediation, the courts usually order them to mediation.  The same general rules apply in Virginia and the District of Columbia.  You don't have to wait for a court to order you to attend mediation.  You can select your own mediator and discover the benefits of early mediation.

The Virginia Mediation Network is planning a series of spring mini-conferences that focus on the issues involving children and mediation.  The spring series will include both a two hour regional meeting and two one hour webinars.  The regional meetings will be held in many locations including Virginia Beach, Richmond, Winchester, Leesburg, Warrenton, Fairfax and Roanoke.

An important step in filing for divorce without a lawyer, is working to reach the agreement before you file.  An agreement can provide greater security and can expedite the process.  Agreements can be reached between the parties informally, through mediation and through collaborative divorce.

In our monthly series about filing for divorce without a lawyer, we will be addressing the court processes.  In this month's article, we take on the difficult question of determining where you can file for divorce.  Our first series will be focusing on West Virginia. 

The media can’t seem to stop generating stories about how Bruce Jenner is now Caitlyn Jenner. I watched Diane Sawyer’s interview with Jenner about the physical and emotional process. How about the legal process? Has "Bruce Jenner" legally become "Caitlyn Jenner?" I don’t know. I do know that the process of changing your name is not difficult, but like any legal process, it’s not simple.

Legally changing your name requires filing documents with the court. You must give notice to anyone who may be affected. Some states require a hearing, and the process concludes when the judge signs the order. Like many legal proceedings, a petition for name change can be filed pro se, without an attorney. However, it may be cost effective to hire an attorney. The attorney can identify potential problems and help you through the process. Free forms are available in Virginia, West Virginia and the District of Columbia to assist you in changing your name.

When you are developing a parenting plan to co-parent after a separation or divorce, one of the things you need to plan for are the holidays.  There are an infinite number of ways to plan for holidays.  You will want to consider how old the children are and what type of traditions your family has established in deciding how to co-parent during spring break.

Here are 25 ways you could schedule the spring break in your parenting plan.

Among decisions, parents make when divorcing includes decisions on how to fund their children’s college tuition. Sometimes students qualify for an in-state discount based upon their parents’ residence. In this article, I describe how different states grant reductions based on the family’s residency.

This post is part of a three part series addressing how divorcing parents might address higher education costs.  Yesterday, we addressed the question:   “How long is a parent required to pay support?”   Today, we’ll consider whether divorcing parents should agree to share the costs of their children’s college. The laws in the states where I practice do not require parents to pay college costs, but parents can agree in their divorce agreement to share in the costs.   Consider several questions before entering into an agreement to be sure your agreement is in the best interest of your child and your family.

Is your child starting college in next fall? Today, I’ll begin a series of three blog posts about divorce and funding college expenses. This series will address the laws in West Virginia, and the District of Columbia. If live in another jurisdiction, consult an attorney in your state.

Good news for mediators struggling to find low cost trainings for certification.  Many states, including Virginia, require continuing education for all court certified mediators.  This week, I’m finishing my work on a session approved for 2 continuing mediation credits for as little as $10.00.  The credits will be offered at session conducted throughout Virginia during the month of March, 2015.

This week, two of my colleagues, Mary Binns-Davis and Jeff Molenda,  completed the collaborative law training in Arlington, Virginia.  I’m very excited about this development since until this month, I was the only lawyer in West Virginia certified by the International Academy of Collaborative Professionals to represent parties in collaborative divorce. This means that West Virginians could not enjoy the benefits of collaborative divorce.  While I enjoy a wonderful relationship with a great group of collaborative professionals as part of my practice with the Collaborative Practice Group in Washington, it is great to be able to offer this option to folks living in West Virginia.

Yesterday, The West Virginia House of Delegates passed a bill that could make it much more difficult for many victims to recover medical expenses or other damages after an accident or a crime.  West Virginia H.B. 2002 abolishes “joint liability.”  Reading the bill may be pretty confusing, full of legal terms such as “comparative fault” and “joint liability.”  In this post, I’ll try to explain what it means and how this change in the law could impact you.  If you have been injured in an accident or if you are a victim of crime, this may make it more difficult for you to fully recover.

Creating a will, a power of attorney, or a living will can eliminate a lot of pain and hardship for your family.  This blog post provides some free information on how to create these documents and explains why they are important for you to develop.

When you are planning for a divorce and money is tight, there are a number of things you can do to save money. Both mediation and collaborative divorce are often a less expensive option. This blog post also provides some free materials that can help you file for divorce when you cannot afford an attorney in Virginia, West Virginia and Maryland.

After a divorce, families must restructure their holiday or Christmas celebrations  to preserve treasured traditions and to create new practices.  Even when the parents live miles apart, it is possible to co-parent during holidays. . Thinking through several questions, in mediation or in a collaborative environment, will help to create a customized plan for your family.  As both a mediator and collaborative lawyer, I am available to work with families to find the best solution for them after a divorce.

"What do we do about Christmas?"  This is a question that comes up in most mediations involving child custody.  In mediation or collaborative law, you can tailor your holiday celebrations with your children consistent with your own family traditions and celebrations.  Whether I’m working in a collaborative law case or in mediation, we work to make all holidays, including Christmas, peaceful, unique and special for the children.  As a lawyer and mediator with offices located in West Virginia and Washington, D.C., we can design the perfect holiday for the children, together.

Last week I enjoyed visiting the Appalachian Center at the University of Kentucky where I participated in a discussion about Appalachian cultural values and legal institutions. Typically when I participate in any discussion about legal institutions, issues arise pertaining to an increasing dependence in the United States on legal institutions to resolve broad categories of conflicts. This discussion was no exception. We considered issues related to resolving social problems and addiction through the criminal judicial processes.

Last week, I had the pleasure of participating in a conversation, a “SWAP,” at the Appalachian Center at the University of Kentucky.   The center, directed by anthropologist Ann Kingsolver, works to facilitate stronger connections between the UK faculty and students who are working with a focus on Appalachia.  The center also works to strengthen relationships between those of us doing work in the Appalachian region and UK.

Recently I volunteered with the West Virginia State Bar to answer phones on Tuesday night when we offer free information by calling a toll free state-wide hotline.  I had a number of calls, but one of them was very disturbing. This caller lost her in-home services provided by Medicaid when her attorney settled her case without addressing this issue.  For a very small settlement, the caller lost her in-home service provider and risked being placed in a nursing home.  With proper planning, this did not have to happen!

This weekend I had the pleasure of attending the Virginia Mediation Network’s annual fall conference.  As a member of the Board of Directors, I take great pride in being part of such a wonderful program.  The presentations and workshops were varied, representing the wide variety of contexts when mediation may effectively resolve conflicts.