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.

Mediation has not historically occurred in criminal cases or quasi-criminal cases in the United States.  However, in the late 20th century, processes similar to mediation became employed in some cases.  These processes resemble mediation because they are usually voluntary, inclusive, informal, and allow for a more expansive list of options to resolve the underlying problems.  While mediation is almost always beneficial in civil cases, criminal cases must be evaluated on a case-by-case basis to determine if they are suitable for these processes.

Moving on after you have suffered an injury or loss can be difficult.  Mediation is often the best way to to resolve a civil case and be able to move on.  If selected early, mediation saves time and money for both parties in legal expenses.  Our office encourages clients to participate in mediation at the earliest possible date, often BEFORE filing suit, to be sure to gain the most benefit possible from early resolution.  In many states mediation is required in all civil cases before a trial is scheduled.  Even when you don’t reach an agreement during the first session mediation can be helpful.  About 98% of all civil cases settle before trial so it is likely that your case won’t go to trial.  Sometimes the progress made in mediation sets the matter up so that it will be more likely to settle quickly and fairly following the mediation.  Sometimes a further session is helpful.  If your case is resolved in mediation, you can expect a few steps to finalize the resolution.

Congratulations!  You just finished your mediation session and reached an agreement.  You may feel relieved that the pressure is over or excited that you have found a way to move forward in your life without the stress over litigation.  You may feel regretful that you didn’t get exactly what you were looking for when you first met with your attorney or filed the petition.  You may be wondering “ What if….”

After an accident, most of us just want to put the whole thing behind us! But how do we move on with so many bills?  A simple trip to the emergency room may result in five or six medical bills:  the ambulance, the hospital, the emergency room doctor, the radiologist and the prescriptions.  What can you do?  How can these bills be paid? 

Another term that does not appear in West Virginia law is “50/50.”  In this post I will describe the problem that arises when parents focuses on a 50/50 split of time between households.  To many “50/50” sounds fair—100% of the time the child’s time is split equally between the parents.  However, slashing the child’s time precisely in half may be “fair” to the parents, but harmful to the child.  In developing a parenting plan, parents who are more interested in the well-being of the children may want to change the focus from the question, “What makes this look fair to me?” to the question, “What schedule can we develop to best meet the needs of our child?”    

You won’t find terms such as “full custody” or “50-50” or “Schedule A visitation” in West Virginia's child custody statutes.  Rather, you’ll find provisions that allow for parents to work hard to create decision making processes and schedules that are tailored to meet the best interests of their child.   Parents who are separating should consider the options provided by mediation and collaborative law in deciding what is best for their children.  Our office provides mediation services and accepts custody matters when the parents are committed to collaborative processes to develop the parenting plan that is best for their child. 

Whether your are injured in an accident, are a victim of crime, or looking for a way to co-parent your children after divorce, selecting a lawyer to help you can be difficult.  With offices in Martinsburg, Charles Town and Washington DC, we provide broad based legal services to families who are looking for a way to restore wellness in their lives.  Our office provides litigation services in select cases, but we are also certified to provide collaborative law representation in West Virginia and the District of Columbia.  Brenda is also a certified mediator in both Virginia and West Virginia. 

Victims are often overwhelmed following a crime.  Victims may be faced with a lot of questions and not many answers.  How will my bills get paid?  Do I have to attend the court hearing?  Who will represent me?  What if I don't want the case to be prosecuted?  Our office accepts cases in West Virginia, the District of Columbia and Maryland and can help victims find some of these answers.  Brenda has worked as a prosecutor, defense counsel and holds a master's degree with an emphasis in Restorative Justice.  

Many times parents believe that the child should have a chance to articulate their opinion in a divorce or child custody case. Many courts prefer that their opinions be addressed through the appointment of a specially trained lawyer, or a Guardian Ad LItem, who may interview the child outside of the courtroom.  Another option is to include children in mediation.  While this option should be employed sparingly, for some families it might serve to empower the children and bring the family closer.  Only a specially trained mediator, often working with a child specialist, can assess the situation and determine whether or not the child's participation is beneficial.  Our office accepts cases in West Virginia, Maryland and the District of Columbia and can work with families to determine the best mediation structure for you.

If you are wanting to get a divorce in West Virginia, but cannot afford a lawyer or prefer to file your case without a lawyer, the West Virginia Supreme Court of Appeals has created an excellent resource on their website that can provide you with all of the documents you need to file for divorce.   The website also has paperwork and forms to file to change child support.

Mediation requires a different physical space than a law office.  Even collaborative law needs to be practiced in an environment that is more about talking and less about creating paper.  Our office is in the middle of a transformation from an office that was something like a machine, creating calendars, pleadings and correspondence. Our new Charles Town office is going to be less machine-like and will allow for the type of patient communication that both mediation and collaborative law require.  

When parents are divorcing after an affair, what should they tell the children?  Based on a talk given by Dr. Debra M. Nackman, Ph.D., to the DCACP, these guidelines may assist parents, working with a conflict coach or mental health professional, in addressing the issue with the children.  My offices in the Eastern Panhandle of West Virginia and the District of Columbia provide mediation and collaborative law services to families who are addressing issues of divorce, child custody and seeking a more peaceful means to resolve the conflicts that emerge during these periods.