This weekend I will be joining lawyers from all over the United States in Harrisonburg, Virginia to participate in a symposium, “Restorative Justice’s Role in the Expanding Concepts and Structures of the Practice of Law in the United States.” Sponsored by the Campbell University College of Law and the Zehr Institute for Restorative Justice, we will be addressing topics such as “A Trauma-Informed Legal Practice” and “How Restorative Practices are Affecting Systemic Change.”  Of course, I am most excited to hear what Professor Zehr will bring to the symposium during Friday night's  session, “Restorative Justice: Continuing the Conversation.”    

This week I return to my monthly series blog posts about filing for divorce without a lawyer in West Virginia. This post applies only to West Virginia! Details for the District of Columbia and Virginia are located elsewhere on my blog. Previous posts addressed where to file for divorce, reaching an agreement, and filing initial pleadings. Today we will be addressing some questions about the financial statement.

Brenda Waugh, Attorney at Law, L.C. offers free informational sessions for folks who are considering filing for divorce.  The sessions are offered monthly in Martinsburg and Charles Town and provide a forum for parties to learn about the options available when considering divorce.  

In the last few months, I've been working on a series on how to file for divorce without a lawyer in West Virginia.  Next week, I'll continue in that series with a post on the hearing.  However, I'll pause today and remind readers of some of the mistakes you can make when filing for divorce without a lawyer.

Developing your parenting plan after a divorce requires planning both how to make important decisions about your child and scheduling how your child will be dividing his or her time between the parents' households.  In mediation, we are able to customize the plan to best meet the needs of each family. 

Welcome to the next post in this series on filing for divorce without a lawyer in West Virginia. Since I practice in West Virginia, Virginia and the District of Columbia, the instructions for each jurisdiction are described in separate blog posts.

If you have followed these posts, you may have taken the first steps and decided that you can file for divorce. You and your spouse went to mediation and now have a written parenting plan and property settlement agreement. What’s next? How do you get to court?

Perhaps you a professional financial advisor, counselor or attorney .  During your career, you  may have wondered if litigation, when considering the financial and emotional costs of going to court, is worth it

Perhaps you are not happy in your marriage and are considering filing for divorce.  You may find yourself wishing that there wasfor a better way to resolve a conflict than going to court.

Or perhaps you are a medical or educational professional.  You are tired of dealing with courts every time a client or student is unhappy with your services.  You are looking for another way that disputes can be fairly resolved.

How much does it cost to get divorced?  Where you live, whether or not you have children or property and whether or not you chose mediation or litigation will have a big impact.  

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.