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358 Search Results for "Family Court"

April 3, 2014

Table of Contents

...get-you-out/ Just a summary … 2021/10/01 2021-10-01 20:16:39 Checklist for Family Court Litigants: Initial Hearing. _____ Have a pen and a pad to write notes and questions to your attorney. _____ Be sure you have … 2021/09/24 2021-09-24 20:52:54 HOW DOES A “GOOD LAWYER” STAY HEALTHY AND FIT FOR A LONG CAREER? How does a good lawyer stay healthy and fit for a long career? Short answer: luck! As I finish my … 2021/09/17 2021-09-17 13:43:18 Keeping O...

April 5, 2011

Dear Honorable (Family Court) Judges

...insightful presentation at the National Business Institute seminar, “What Family Court Judges Want You to Know”, on April 1, 2011. I found myself comparing your approaches to those of the Family Court Judges in North Central WV, Upshur County and surrounding counties. I received interesting ideas that can benefit us all. As you each know, when I got your seminar brochure, I had just posted an article to my blog, www.burtonhunteresq.blogspot.com,...

December 28, 2021

Civil Litigation 101

...require me to file a suit, as I work with an insurance adjustor, but most family court matters start with a petition. I wish more people would come to be before it comes to that. When I was a student, we had a course named “Civics”. I think it was a chance for the teacher to go over the basics of government, politics, and legal matters. I learned something called “civic duty”, a term that seems lost to our “modern” ears. I respect working people....

March 24, 2010

The Nuts and Bolts of Family Court

...Appeal, The West Virginia State Bar, and others, seem not to care that the Family Court Bar is dwindling, or may even desire to create a system where the parties are no longer represented by counsel. Here are the basics: 1. Our civil justice system is an “adversary system”. Unfortunately, the assumption is that the interests of the participants are different and their most natural mode adversarial. Often this is true. 2. As a counter to this assum...

December 13, 2014

WV Supreme Court Rules People May Not Agree to Leave Each Other Alone.

...ed to be nice. Apparently Ms. Miller later decided NOT to be nice. So, the family court found her to be in contempt, and said she could purge herself of contempt by leaving Mr. Riffle alone for two years. Apparently, not wanting to be nice or leave Mr. Riffle alone, and not wanting to be bound by her own agreed order any more, Ms. Miller appealed. The Harrison County Circuit Court agreed with her, and reversed the family court. The WV Supreme Cour...

March 21, 2018

You Aren’t Going to Mediation! (Now what will you do?)

...are different from family mediation. People are representing themselves in family court perhaps 70% of the time and somehow surviving. There are mandatory forms, parenting classes, and a form of “one size fits all justice”. I do not recommend it, but it’s happening. I have dealt with self-representation (pro se) in family court elsewhere. Short answer, “Don’t do it!” https://hunterlawfirm.net/s=%22self+representation%22+or+%22pro+se%22 Circuit Cou...

September 28, 2018

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #2

...ps://hunterlawfirm.net/time-revise-mediation-wv/ https://hunterlawfirm.net/family-court-mediation-streamlined-ideas/ https://hunterlawfirm.net/self-represented-mediation/ https://hunterlawfirm.net/collaborative-divorce-remain-unconvinced/ https://hunterlawfirm.net/?s=unbundling Recently “The West Virginia Lawyer”, the magazine of the West Virginia State Bar, published a well-written article on the subject of “Collaborative Law”. I love the idea, h...

June 25, 2018

Tying It All Together: Mediation, Unbundling, Collaboration, and a New Paradigm

...mediation rules, a change in the adversarial mindset of lawyers, mandatory Family Court mediation on all issues, streamlining and enforcing the rules of discovery, putting our toes in the water of collaborative divorce, and considering early, even prelitigation, mediation. I urge mediation for self-represented, pro se, litigants. I also suggest an expanded role and training for paralegals and a modern focus on “preventive law”. If “collaborative d...

October 5, 2011

Divorce 101 Handout (October 5, 2011)

...ets (their values) debts (their unpaid balances) and their income; d. Most family courts expect a “one year and two year caretaking functions worksheet” setting out the litigant’s estimation of percentages of time (totaling 100%) of the caretaking functions performed for the child; and, e. An application for services from the WV Dept. of Health and Human Resources’ Bureau of Child Support Enforcement (which handles child support and alimony paymen...

June 28, 2015

WV FAMILIES DODGE A METAPHORICAL BULLET

...ch 10 or 11 on or near the day the governor signed WV Code Sec. 51-2A-2a, “Family Court Jurisdiction to Restrict Contact Between Parties”, into law. The Supreme Court’s written opinion was rendered May 13, 2015. It is the same result as the ill conceived memorandum opinion, sustaining the ruling of the Circuit Court of Harrison County which overturned the “mutual restraining order” issued by the Family Court, but with a “caveat”. This time, the ba...