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94 Search Results for "Family Court"

April 18, 2011

2011 Annual Meeting of WV State Bar

...lawyers. I feel strongly that we can do better in administering justice to family court litigants. 2. No judges have responded, but a few colleagues have. My favorite written response to my concern I would be out of favor with “the powers that be”: Mirrors are often uncomfortable, but they are always accurate. I don’t foresee any sanctions in your future. Maybe fewer Christmas cards. 3. My next two blog articles will be; a. the interrelationship o...

August 9, 2010

Alimony or Spousal Support – Will I pay or get it?

...a vocation, or a recertification will often be considered favorably by the Family Court. There is no WV “alimony formula” as there is for child support, but there is a Va. formula our Court will consider as part of the argument. Most courts will not provide a free ticket for a former spouse to sit back and be cared for, so the theory of counsel must be based on common sense and fairness. A large disparity in the incomes helps. And, sometimes one p...

February 1, 2011

The Tension Between Lawyers and Judges

...t the mediation movement as a step backward. I disagree, especially in the Family Court setting, but I have also successfully mediated “seven figure”, and “high six figure”, monetary settlements without ever filing suit. That saves tens of thousands of dollars in litigation expenses and months and years of delay. 6. There even exist judges who “do not believe in mediation” and do not order it. Others encourage the limited view that mediation is es...

March 22, 2022

When you Choose a Lawyer, Choose Well.

....” Alas, Hunter’s goal to revise and make uniform the mediation process in family courts across the state has yet to be achieved, but he is still trying. He has written extensively on the subject. PREPARING FOR THE FUTURE As a “futurist,” Hunter is acutely aware, “Change has never been as fast as it is now, and it will never be this slow again.” (Author unknown). He knows that no one who is entering the practice of law now will be able to spend 40...

March 6, 2018

Mr. Hunter’s Revised Letter to Clients

...fidavits and to file tax returns and earning information. 10. AND REMEMBER Family Court proceedings are confidential so do not talk about them, share them, or post videos or transcripts of the hearings. If others break this rule, let us know! 11. It will be your responsibility to “do your homework”, whether it is a family court matter, civil litigation, or personal injury claim or lawsuit, for example, by getting: a. A duplicate of that credit car...

August 20, 2010

Communicating with Those You Hate, or Who Hate You

...t you have “baited” the other side into the bad behavior. I learned from a family court judge a simple idea. Feel free to record such conversations, but always announce “on the record” that you are making the recording and that you are doing so in order that the parties will treat each other politely. Then, when you get the stream of obscenities and abuse, you can safely use that recording. More often, the other party will realize that their state...

November 20, 2011

What Burt Has to Say to His (Divorce and Custody) Opponents

...quitable distribution. If you don’t have a lawyer, for gosh sakes read the Family Court Rules, the Discovery Rules, and even the Rules of Evidence. It is silly to think you can become a “self-help lawyer”, but failing even to try to understand the basics is a prescription for disaster. 4. Custody. This word is supposed to be passé. Important revisions were made to the law several years ago. These revisions did not, as some people have heard, guara...

October 21, 2014

When You Can’t or Won’t hire a lawyer? A $500 Option.

...l understand your explanation or approve your agreement(s). And, while the Family Court is used to having self-represented litigants, the circuit court definitely is not. 16. My “consultation” includes a free PDF file of my “Blog Book” and other documents stored on a thumb drive. It is our compilation of most of my blog articles, “Perspectives of a Small Town Lawyer” and “WV Lawyer, Tips and Techniques”. It contains over 500 pages containing thing...

January 22, 2011

How Can I Get My Children’s Parenting Plan Modified?

...isting statutes. That means they should be thrown out immediately, but our Family Courts have been too intimidated by recent WV Supreme Court rulings requiring them to excuse away the mistakes of pro se litigants. That’s a bit of an exaggeration, but it can be frustrating to an attorney to make an objection or file a motion that would be sustained or granted, BUT FOR the fact the other party is representing herself or himself. The modification sta...

May 14, 2018

Collaborative Divorce: I Remain Unconvinced

...f this process, at reasonable cost, in North Central WV (thanks largely to Family Court Judge Robert Reed Sowa) for at least ten years! 3. A simple divorce can be negotiated , often with a mediator. 3. But what of the tough cases? Bitter enmity, jealousy, abuse, alcohol, drugs, or MONEY? See below my illustrative chart of the dynamics of a serious mediated divorce case. 4. This pyramid is a chart I show my clients of how to gather the mass of info...