Mediation provides you an alternative to litigation for your divorce. This may not necessarily mean that you should go without an attorney; but it also doesn’t mean that you should.

First, let’s look at the role of the mediator. He or she is a neutral third party who will assist you and your spouse in communicating better. The ultimate goal of mediation is for the parties to reaching an agreement on all or some issues where there is disagreement without litigation if that is what you both want to do.

As a neutral third party, a mediator is not allowed to give advice to either party, even if the mediator also happens to be an attorney. Otherwise, the mediator loses his or her neutrality and the process of mediation is compromised. This result would leave the parties in a divorce back where they may have started or where they otherwise might not want to be–opposing each other as opposed to working together to find solutions that will work for them.

The role of a family attorney, on the other hand, is to advise you or your spouse as to your legal rights arising from the marriage. This includes advice on the legal consequences of any agreement you both reach. By definition, then, an attorney will be on the side of the party who hires him or her. This is in contrast to the role of the mediator, who cannot take sides.

During divorce mediation, you may decide that you want the advice of a family law attorney to explain to you not only your rights arising from the marriage but also the consequences of a mediated divorce settlement agreement that you reach at mediation.

Seeking legal advice on divorce law is compatible with divorce mediation, and having an attorney available does not necessarily mean that your divorce is now a litigated divorce. Family mediators routinely mediate cases in which either or both parties are represented.

The question you need to answer for yourself while in divorce mediation, if you are not represented at that point, is this: do you have any questions for which you feel you need to know your rights before agreeing to a particular solution, including the legal consequences to you of that solution?

Asking the mediator for an answer to that question will result in the mediator simply letting you know that you have a right to seek legal counsel. The mediator will not tell you that you should or should not get a lawyer to answer those questions. The choice has to be yours because mediation is designed for the parties to have control over the outcome all issues or questions, including whether you should go see an attorney, what issues you will settle (all or some), how long you will mediate, etc.; and, of course, whether you will agree to anything.

For a free guide on mediation and divorce download this divorce mediation guide.

Are you planning on heading off to law school in the near future?

If you answered yes, there are a few things you should know before you go. The following is a brief list of the typical law school requirements that you will encounter when you begin to apply.

First, do you have a degree from an accredited undergraduate institution in the United States? If yes, you are fine – but if you answered no, you have some homework to do. The best use of your time in this situation will be to contact the Law School Admissions council and enlist their assistance in officially recognizing your degree. They in effect will be telling the law schools that you apply to that your undergraduate degree is valid.

Second, have you taken the LSAT? or have you registered to take the exam soon? All American Bar Association (ABA) accredited law schools require you to take the LSAT exam. To register for the exam visit the website of Law School Admissions council. You’ll need to leave plenty of time between when you take the test and when your applications are do back to your prospective schools. Finally, not all law schools in the United States require the LSAT. Several law schools that are accredited by bodies other than the ABA require no LSAT. The most prominent of these schools are the Massachusetts School of Law and the Concord Law School in California.

Third, make sure you know your law school application deadlines. It is absolutely critical to your success that you apply to your top schools as soon as they begin to take applications for the term you are applying for. Admissions typically get more selective as the process drags on when more applicants are gunning for fewer remaining spots. You will be able to get the application deadlines from each school’s catalog or admissions department.

If you pay attention to these three factors you will be in great shape and well on your way to starting your career as a lawyer. Good luck!

Martial artists are familiar with the term drill, meaning a skill based exercise repeated or drilled in order for that skill to be fully absorbed or learned. When children are introduced to these drills they often get bored with the repetition. Put simply, for kids, martial arts drills are dull, unless Sensei’s imagination is applied. The best Martial Arts kids games make drills fun.

Almost any skill within a given style can be turned into a game, or if not strictly a game it can be made more fun. One method that adds a little fun is to create teams and devise a race.

Fitness exercises can be embedded into a race format easily, but so can kicks, punches and all manner of techniques. The difficult part is organising these races into a class format where everyone is involved.

One way is split the class into teams and have each member run a ‘leg’ of the race, with a first across the line winner. Handicapping teams with older or higher graded participants helps keep a level playing field. An example race would be to run to a distant line four times and on arrival perform one of the following exercises on each arrival

Press ups
Sit ups
Star jumps
Squats jumps

To make these actions martial arts relevant it is simple enough to add a relevant skill to each exercise

Press ups preceded and followed by a punching combination
Sit ups with punches on the ‘up’
Star jumps and kicks from ‘stance’
Squat jumps followed by kicking combinations

The trouble is that kids have a tendency to rush through the techniques which end up being a useless blur of nothing. A work around is to discount shoddy technique repetitions or award penalty time. It may sound complicated but it is workable if you have ‘helpers’.

Movement skills are among those most easily adapted to skill based games. For example, if the idea is to develop dodging, timing and distancing skills, a class can start with British Bulldogs, dodge ball or ‘stuck in the mud’. By adding your own rules or adapting existing ones you can add spice and fun while ensuring martial relevance.

Stuck in the mud can be adapted so there are two people ‘on’ so that the dodging element is maximised. This tired old game comes alive and is an intense, exciting experience for all taking part. The dodging movements developed are similar to those required when moving against multiple opponents and so greatly help prepare children’s movements for sparring against just one opponent!

By employing imagination you can devise martial arts kids games from drills, which are fun and engaging for children. This ensures a furtive learning environment in your kids classes, which will keep them motivated to stick with the martial arts program.

Divorce law is one of the most complex and challenging areas facing any American citizen. A divorce is more than just two people separating; it is the untangling of a lifetime of co-mingled finances, living space, and relationships that extend far beyond the couple who are divorcing. In addition, because marriages are sanctioned by the states and not the federal government, divorce laws have fifty different sets of rules, and sometimes the same divorce will be wrangling with two or more of these sets.

In a divorce, each partner has very specific rights laid forth by each state. Most states support a no-fault divorce, in which one spouse may divorce the other for the oft-quoted “irreconcilable differences” reason. Every state allows divorce in certain other situations: infidelity, criminal behavior, any kind of abuse, where abuse includes both physical abuse as well as emotional or mental abuse.

While a divorce is often easily obtained, the finer details may not be so simple. A basic no-fault divorce – one in which neither partner is held to blame for the failure of the marriage – when the spouses have no children and no property held in common can be completed very quickly. As soon as both have names on a deed or even a car title, children are born, or one partner makes significant income during the marriage, this simplicity changes.

The state in which divorce is first filed is usually the state whose divorce law will govern the ensuing processes. If both partners file at the same time in different states, arbitration may be necessary to determine which state is the correct governing body. Why is this important? Because in California, spouses are supposed to make a 50-50 split of community property, while in Nevada spouses have an “equitable division” of property, which is more likely to result in the spouse who made more money taking more with him after the marriage is dissolved. Only California, Arizona, Idaho, Louisiana, New Mexico, Texas, Washington, and Wisconsin have community property division starting with a 50:50 ratio. All other states use equitable distribution laws.

Children are the other common bug in the ointment. In the first half of the 20th century, the husband almost always got them; after that, the wife almost always got them. Today, it’s becoming more common for either the husband or wife to get primary custody of the children. But that varies from state to state, and case to case. If there are children involved in the divorce, and both partners want to keep primary custody, it is absolutely essential to get a lawyer. Both your hearts and the future of your money are involved in this critical issue.

Pensions and 401K’s are another area of contention. Military members, up until last year, often kept their whole pensions even when the wife had been there for 18 of 20 military years (this law has since been changed.) In most cases, pensions are divvied up under a “qualified domestic relations order” (QDRO), and paid out to the two spouses after the pension matures by the pension plan administrator. You can expect the same division rules that applied to your community property to apply to pensions.

You can see where divorce law can become very complex very fast. In cases where your lives are not tightly entangled and you are both fine with the divorce, you’re fine using a quickie no-fault divorce, even one where you fill out your own paperwork. In any other case, you really need a lawyer to guide you through the minefield.

The only time I see maintenance/alimony awarded in marriages less than five years is where one party is unemployed or would end up on the street if their partner just left them. Even in those cases, the awarded at temporary orders reads something like: “The [husband/wife] shall pay to the wife maintenance in an amount of $500 for six months or until the wife secures full-time employment. If full-time employment has not been found in 6 months the [husband/wife] may petition the court for an extension but only for good cause shown.” I have written orders like that many many times. At the temporary orders stage the judge or commissioner makes his or her ruling and says “Counsel, Write up the Orders”. Tradition has it that the primarily prevailing party draws them up; although sometimes a lawyer much older than you will assume that he or she will do the honors. We then often times have to go back in and argue over them. But that is usually if the attorneys either don’t know each other or one is inexperienced. As lawyers we also sit in the back of the courtroom and wait for our case to be called. During that time we talk with other attorneys about their cases or watch how the judges and commissioners decide other cases in Family Court.

On the other hand marriages longer than 20 years almost always do involve some form of maintenance, or “evening out” of the income and assets over time. The goal of the Court in such long-term marriages is mainly to maintain the party’s financial standing at the same level for a considerable time after the marriage.

Spousal maintenance in Washington has traditionally been defined by an oft-quoted (and legally cited) bar journal article by Judge Windsor. It has been cited in many Washington divorce Supreme court cases.

Recently, there has been discussion regarding a new metaphor. A recent (2006) Washington State Bar Journal article discusses the subject. Maintenance can be highly discretionary and the cases I have dealt with on appeal have been difficult to overturn. That is basically the general consensus: the Judge or Commissioner must have really, really screwed up before they overturn it. Yes, you are thinking the right thing: it is very important to win at the lower levels. Don’t sit back and comfort yourself that “If they make the wrong decision I can just appeal.” This is not tax or corporate law. There are fewer analytical rules to follow. And this is alimony in the real world.