The Lighter Side of Divorce

GeorgiaLeeLang032We all need a few laughs once in while, so today’s post is intended to focus on the lighter side of divorce, which, believe me, does not exist when you are in the middle of it. It is always amusing to see what Hollywood has to say about the subject, given their residents are abundant among the divorce statistics.

For those who have survived divorce and those who watch from a distance (and are grateful for that), consider the following sound bites and barbs.

1. “Ah yes divorce, the Latin word meaning to rip out a man’s genitals through his wallet.”
ROBIN WILLIAMS, divorced twice

2. “I’m an excellent housekeeper. Every time I divorce, I keep the house.”
ZSA ZSA GABOR, divorced seven times, one anulment

3. “The difference between a legal separation and a divorce is that a legal separation gives the husband a chance to hide his money.” JOHNNY CARSON, divorced three times

4. “Today Pamela and Tommy Lee announced they are getting back together. You know what that means? There’s still hope for Ike and Tina Turner.”JAY LENO, married for 30 years

5. “I’ve given my memoirs more thought than my marriages. You can’t divorce a book.”
GLORIA SWANSON, divorced four times

6. “The secret of a happy marriage remains a secret.”
HENNY YOUNGMAN, married for 60 years

The literary world also has something to say on the topic of divorce:

6. “A divorce is like an amputation, you survive it, but there’s less of you.”
MARGARET ATWOOD, divorced once

7. “The worst reconciliation is better than the best divorce.”
MIGUEL DE CERVANTES, married for 32 years

8. “When two people get a divorce, it isn’t a sign that they “don’t understand” one another,
but a sign that they have at last, begun to.”
HELEN ROWLAND, marital status unknown

As Billy Joel once said “I’d rather laugh with the sinners than cry with the saints.”

Lawdiva aka Georgialee Lang, happily married for 27 years!

Brainwashed and Alienated Teens Found on “Underground” Farm

B9316548187Z-1.1_20150314202542_000_GFTA6A1QO.1-0In April 2015 I wrote about the deception and lies that Sandra Rucki engaged in when she divorced her husband David Rucki in 2013. It began with a fraudulent one-sided consent order that she alleged her husband had agreed to. Once the order was overturned by the  Minnesota Court it escalated into despicable false allegations that father, David Rucki had sexually abused his two daughters, Gianni and Samantha, ages 13 and 14, and the spin-off of parental alienation.

The Court ruled there was no credible evidence to support Ms. Rucki’s claims and the girls were removed from their mother’s custody. David Rucki received custody  of them, but as the girls refused to see him, other family members would provide residential care.

The Court’s order provided a measure of hope to Mr. Rucki that his daughters could be de-programmed once they were removed from their mother’s influence. Instead what happened is that the girls, with their mother’s assistance, fled their new home,  although Sandra Rucki denied any involvement in her daughters’ disappearance.

In the summer of 2015, with the girls on the lam for over two years, the police arrested Ms. Rucki who was extradited from Florida to Minnesota after witness, Dale Nathan, a suspended attorney and longtime critic of the family courts, provided information that placed Ms. Rucki with her daughters at the time of their escape.

She has been charged with three felony counts of deprivation of parental rights and is being held  in Ramsey County workhouse on one million dollars bail.

Police advised the media that evidence seized from the home of  Dede Evavold led them to White Horse Ranch in Minnesota, where the teens were found. Ms. Evavold is a supporter of an organization called “Protective Parent”, a movement that  supports the notion that the family courts are broken and frequently award custody of children to abusive parents. It is believed to be part of an underground network of family court critics.

The website for White Horse Ranch describes it as a non-profit Christian organization that helps abused children heal with equine therapy.

Interestingly, Ms. Rucki’s attorney, Michelle MacDonald,  recently campaigned for election as a Minnesota Supreme Court judge. Her campaign manager? Oh, that was none other than Dede Evavold. Ms. MacDonald said she had no knowledge of Ms. Evavold being involved in the Rucki girls’  disappearance. Attorney MacDonald was also quoted in the media saying:

“I am in disbelief,  I hope [the girls] are reunited with their mother and brothers and sister, and even their father.”

Funny how she adds “their father”, almost as an afterthought, yet he is the custodial parent. I have said it before and I will say it again: parental alienation is the worst kind of child abuse.

Lawdiva aka Georgialee Lang

 

 

Will Wife’s Shoe Collection Determine Court’s Jurisdiction?

GeorgiaLeeLang057We often hear politicians speak of our “global community” to describe the people or nations of the world being closely connected by modern telecommunications and being socially, economically, and politically interdependent.

One area where the phenomena of global connectedness is ever more apparent is  in the area of family law. Only a few decades ago cases in family court typically involved a divorcing couple who lived in the same city or town and they usually remained there after their divorce was finalized.

Now it is commonplace for family law cases to involve several jurisdictions. The scenarios are varied. It may occur where a couple own real estate outside of their country of residence, or one of them wishes to move away with the children to another country. Child abduction is on the increase world-wide as couples separate and engage in high conflict litigation, sometimes marked by one parent’s non-consensual departure from the home country.

Couples that have  domestic situations involving multiple jurisdictions now also analyze where the law is most favourable to them and seek to bring their court cases to that jurisdiction. It’s called forum-shopping.

Great Britain is seen as a very friendly jurisdiction for women in large property cases and there have been many recent cases where one party sought to persuade a British court to take authority over their case, while the other stridently resisted. In middle eastern countries where sharia law governs, women have few legal rights and even with the limited rights they have, they often find themselves waiting years to obtain justice, if it ever arrives. If another jurisdiction is available they will go there.

There is no doubt that family law has become more complex as a result of the global community that is now our world. In a recent case in New York City, Swiss businessman, Maurice Alain Amon and his wife, Tracey Hejailan, had homes in Manhattan and in Monte Carlo. Mr. Amon argued the Monte Carlo court was the proper jurisdiction to hear their case. Not surprisingly, Mr. Amon had received advice that the family law system in Monaco did not include a division of property based on the fact of marriage. In Monaco ownership of property is conclusive. In other words, if you own it, you keep it.

In support of his argument that the couple’s primary residence was in Monaco, Mr. Amon submitted evidence of the size of his wife’s shoe collection, along with her walk-in closet in Monte Carlo, suggesting that where she stored most of her extensive shoe collection and designer fashions is where they lived.

Mr. Amon was no doubt motivated to make his jurisdictional argument when he learned his wife was going after his valuable art collection on the walls of their New York home, property she would have no interest in under Monacan law.

Somehow I think it’s going to take more than Jimmy Choo’s and Manolo Blahnik’s for Mr. Amon to succeed.

 

Lawdiva aka Georgialee Lang

 

 

 

Gay Couple Need Adoption Annulled In Order to Marry

GeorgiaLeeLang009
In the not-so-distant past it was not unusual to hear about gay couples who arranged for one to adopt the other to gain rights of inheritance and other family benefits. I recall a case I handled 20 years ago where a wealthy, elderly gentleman adopted his younger partner, much to the distress of the adopting partner’s other biological children.

A gay couple in Pennsylvania did the same thing, convinced that during their lifetime the law would never recognize or legalize their relationship. But to their delight the United States Supreme Court did, a happy event that was marred by the realization that as father and son they faced a hurdle to become lawfully wedded spouses.

Nick Esposito, age 78, adopted his partner, Drew Bosee, age 68, in 2012, two years before same-sex marriage was legalized in the United States. The couple had been together for over 40 years. They determined that they would not allow the adoption to stop them from their goal of marriage and filed a Petition in Allegheny County seeking to annul the adoption. They learned that judges in other states had granted such orders in situations like theirs.

But Allegheny County Judge Lawrence O’Toole ruled that state law barred him from doing the same. He ruled that while same-sex partners could marry, parents could not marry their children. Of course, that makes sense, except that Mr. Esposito and Mr. Bosee were never really parent and child; the adoption was intended to ensure that upon death family benefits would be available to them. Judge O’Toole suggested that it would take a higher court to rule on the issue and provide guidance to lower courts.

The couple have appealed and are also finding political support from Pennsylvania’s Democratic Senator Bob Casey who has written to United States Attorney General Loretta Lynch asking her to intervene in the case.

I expect that along with an inevitable surge in same-sex divorce, attorneys will be kept busy obtaining orders for the annulment of same-sex adoptions.

Lawdiva aka Georgialee Lang

Divorce Lawyer Clandestinely Hypnotizes Female Clients

_DSC4179 - Version 2In a bizarre case out of Ohio, attorney Michael W. Fine, age 58, has been charged with numerous sexual offences arising from private appointments with a number of female clients, either in his office or in counsel rooms at the local courthouse.

The charges include rape, engaging in a pattern of corrupt activity, attempted rape, 15 counts of kidnapping, three counts of attempted kidnapping and two counts each of attempted sexual battery, attempted gross sexual imposition, gross sexual imposition and illegal use of a minor in nudity-oriented material.

Mr. Fine’s abusive activities were fostered by his ability to hypnotize his clients and take advantage of them while they were under hypnosis. The first client who blew the whistle on Mr. Fine recounted an uncomfortable feeling every time she left her lawyer’s office, with her disheveled clothing and a feeling she had lost track of time.

She reported the situation to the local police who told her not to return to his office, but she had a better idea. She continued to see her lawyer and secretly recorded what occurred. Later she played the recording and in shock and embarrassment returned to the police where they listened with mouths agape as they heard Michael Fine put her into a trance and then make outrageous sexual suggestions and physical overtures to her.

They asked Jane Doe #1 if she was prepared to wear a wire and video recorder which would be monitored by the police. The plan was that if and when Mr. Fine began his reprehensible acts they would burst into his office and arrest him. And that’s what they did.

The local bar association immediately suspended Mr. Fine from the practice of law and with the accompanying publicity 30 more women presented themselves as victims of his sex crimes. Shortly thereafter, Mr. Fine gave up his license to practice law.

The current indictments against Mr. Fine involves six women only, as many of his other victims are unable to provide sufficient evidence to satisfy the criminal burden of proof. However, police say they are continuing their investigation.

Not surprisingly, at least one victim has filed a civil suit against Michael Fine and the law firm that employed him. Her case is particularly alarming as she retained Mr. Fine to bring a civil suit for sexual abuse she endured as a child. She reportedly became close to him and considered him a second father.

Fine’s tactics included schooling his clients on relaxation and “mindfulness” techniques, a front for hypnotism and his own selfish sexual gratification.

He has plead not guilty to all charges.

Lawdiva aka Georgialee Lang

Former Toronto Lawyer Founder of Infidelity Site, Ashley Madison

_DSC4851Noel Biderman’s corporate slogan is “Life is short, have an affair”, although he says that personally he does not subscribe to his company’s philosophy.

A graduate of Toronto’s Osgoode Hall Law School, Biderman says he saw an opportunity after he noticed all the “sexual partner wanted” ads on Craigslist, and realized over 30% of the men and women on the list were married or otherwise “attached”.

His site, Ashley Madison, was hacked on July 12, 2015 by cyberpunks who call themselves “The Impact Team”, a sophisticated hacker crew that snagged 33 million personal files, announcing their attack by leaving a message on staff computers, accompanied by music, heavy metal group AC/DC’s “Thunderstruck”.

The company operates in 50 countries and has 38 million users, many of whom are terrified their name, location, and email address will be released. The ramifications are enormous and include the possibility of extortion and bribery or worse. Toronto police say that already they are aware of two suicides related to the breach of security, including a police captain from San Antonio, Texas.

The already beleaguered former reality star Josh Duggar’s name also came to light, leading to his admission that despite his well-known Christian values and his anti-divorce stance he is a member of the site.

Media articles abound suggesting the Ashley Madison debacle will translate to enhanced business opportunities for divorce lawyers,

While Mr. Biderman has offered a $500,000 Cdn. reward for
information leading to the capture and arrest of the hackers, he must also contend with a class-action lawsuit that demands multi-millions of dollars in damages.

Mr. Biderman may wish he had never left the law as he now copes with the “largest data breach in the world”.

All we know for sure is that the Impact Team didn’t like Ashley Madison’s casual rejection of marital monogamy, although Biderman says that he’s not to blame if men and women wander outside their marriage. Not surprising for a practising Jew who critiques the Torah’s Ten Commandments, including “Thou Shall Not Commit Adultery” as irrelevant and out of date.

Lawdiva aka Georgialee Lang

Extortion and Nude Photos Send Ex-Husband to Jail for Twelve Years

How would you like to marry a billionaire’s daughter? James Casbolt from Cornwall, England made an internet connection in 2009 with Haley Meijer, daughter of American billionaire, Hank Meijer, owner and CEO of a retail conglomerate with his brother, Doug, consisting of 213 grocery and pharmacy stores, 177 gas stations, and other related businesses, located in Michigan, Illinois, Ohio, Kentucky, and Wisconsin.

Their attraction was immediate and mutual.

They moved in together in Cornwall and later moved to the state of Michigan, marrying in 2011. Mr. Casbolt enlisted in the US Army and was posted to Texas whereupon he persuaded Haley to send him sexually explicit photos of herself to fend off his loneliness. She in turn made him promise he would never show them to anyone else.

They later had a child together but domestic violence led to their separation and divorce. James Casbolt was bitter and angry with the demise of his marriage and began a campaign of threats and abuse, writing

“If you are living with another guy, you just gave him a death sentence”.

He also threatened to send suicide bombers to her parents’ home and demanded a large sum of money saying “If my terms are not met, I can tickle the public interest for years, until the Meijers are so infamous in the world they will not be able to walk down the streets safely.”

But he had already released some photos on Facebook, many of them photo-shopped to look seedier than they were.

Casbolt, now living in the UK, also told his ex-wife that he would dedicate the rest of his life to destroying her, that his efforts would be inexhaustible, and he would continue for years. He sent her photos with images of him wielding a sword and a gun. He threatened: “Your dad could be lynched in the street” and sent an email that read:“[£]2M. Put in my bank account. I will then stop talking about the Meijer family.”

In a trial this week in England James Casbolt was sentenced to 12 years in prison.

“You systematically set out to destroy her reputation. Thousands of people with gullible minds saw the photos and doubtless believed the horrible lies you wrote.”