All Things Legal

Gov. Palin Abused Power in Divorce Scandal

Jill Brooke — Sat, 11 Oct 2008 09:22:23 -0400

The bi-partisan council of the Alaska Legislature accepted unanimously (12 to 0) the conclusions of an investigator: Sarah Palin abused her powers as governor. The investigation said that she, her husband, and members of her staff applied pressure on subordinates to get rid of her sister’s ex-husband, the state trooper Michael Wooten.

This is a violation of the ethics act of the Alaska executive branch, which says that "any effort to benefit a personal or financial interest through official action is a violation of that trust."

Censure or disciplinary measures will be decided by the state executive branch (headed by Palin), the attorney general (appointed by Palin), or the State Personnel Board, which is conducting its own investigation.

But the lasting punishment Palin could receive will come from public opinion. Pundits have noted that being found to abuse power while running as the vice presidential candidate is a blow to her credibility, especially because so little is known about her governing style, and she has portrayed herself as an ethics reformer.

Lyda Green, the Republican president of the Alaska Senate, said the report would damage the Governor’s reputation. She said: “The problem with power is that people pay attention to it, and it's very easy to get beside yourself and use it in the wrong way.

"And we do have to leave personal business at home.”

(Green, apparently, is no fan of Governor Palin. When Palin was nominated she told The Anchorage Daily News, "She's not prepared to be governor. How can she be prepared to be vice president or president? Look at what she's done to this state. What would she do to the nation?")

Change Is Good

Kathy Kaehler — Fri, 25 Jan 2008 08:23:28 -0500

Going through a divorce brings on so many changes — and not all of those changes are bad! Embrace the changes in your life and your workout routine. Kathy suggests mixing thing up a bit by adding strength training once or twice a week, trying new classes like cardio-salsa or even sports with your kids' Nintendo Wii. Incorporate changes in your workouts gradually and over time, you'll begin to reap the benefits.

Same-Sex Marriage: Just As Likely to End in Divorce?

Maya Halpen — Sat, 11 Oct 2008 12:24:32 -0400

I may have doubts about my marriage, or the relevance of the institution for me, but I do not doubt its importance to countless millions. I've not yet discussed here that I'm an active supporter of same-sex marriage rights.

My community of friends considers it one of the major civil rights issues of our times. My sister is devoting her career to the protection of same-sex marriage in Massachusetts, and in Rob's and my circle of close friends we have two sets of married women, one of which is raising an adopted daughter.

Sickeningly, thirty-seven states define marriage in such a way to prohibit the marriage of same-sex couples. Vermont reversed this trend when in 2000 it enacted civil union legislation for gay and lesbian couples and rejected constitutional amendments limiting marriage.

California followed through on comprehensive domestic partner legislation in 2003, the same year in which Massachusetts legalized gay marriage when its courts ruled it would be discriminatory to not allow same-sex couples to marry. California has now joined Massachusetts in allowing full marriage rights, and Connecticut's Supreme Court ruled in favor of same-sex marriage just last week.

But as with the hetero population, some marriages will end in divorce (same-sex marriage has been legal for such a short time, divorce rates have not yet been established). In Massachusetts, Gay and Lesbian Advocates and Defenders (GLAD), the same organization that fought to gain marriage for all, must now help couples divorce.

Husband Won't Grant Divorce; Community Shuns Him

Maureen Dempsey — Fri, 10 Oct 2008 18:00:06 -0400

Israel Meir Briksman is not the traditional "Wanted" man. Yet his picture is splayed across his Brooklyn neighborhood with instructions to his fellow community members: An arrest warrant has been issued against the man, and he is to be shunned.

The crime? He will not grant his wife a "get," or a spiritual divorce, says web site haaretz.com. On paper, the Orthodox Jewish community has agreed to publicly shun husbands who refuse their wives a divorce until they come forward. In reality, this is the first enforcement of the declaration.

Says the article:

Briksman's picture was released on the Web site of the rabbinic court, alongside photographs of other men who have refused to give their wives divorces.

Of the men who information was published, one has already come forward and granted his wife a get. But Briksman, who had been in custody battles with his wife of eight years over the couple's children, has yet to resurface.

You may remember a piece we ran last month, "'Get' This: Prenups May Be Required for Australian Jews," which mandated both husband and wife to allow the possibility of a get, in addition to a civil divorce, should the couple split.

Seems modern day realities are invading even the most sacred of traditions, but, we have to say, sometimes for the better.

Briksman's wife believes her spouse in the U.S. but will not return to New York anytime soon and she will remain "aguna," or "chained," the label given to women whose husband's refuse a divorce.

Brinkley and Cook, in Court Again

Jill Brooke — Fri, 10 Oct 2008 16:06:42 -0400

You are parents forever, even after divorce. That conventional wisdom resonated this week with the new dust-up between Peter Cook and Christie Brinkley. As we reported this week, Cook apparently violated a confidentiality agreement by deciding to appear on 20/20 with Barbara Walters tonight.

Brinkley swiftly tried to then bar the philandering father from seeing her two children, Jack and Sailor, this weekend.

But a Long Island judge played Solomon and found a solution. Cook can take the children but as Brinkley's lawyer explained, he "has to be away from his home and he can't expose them to the 20/20 broadcast."

Cook claimed he wouldn’t have exposed the children in any case, but the children are seen in the 20/20 broadcast.

A person close to Cook said, "I find it silly that someone who not only allows her children to be in the media but encourages it would have a complaint like this."

The people who should have a complaint are the children.

I’m glad that Sailor and Jack have each other as confidantes since they are caught in the middle like fish in a net while their parents continue their hostilities. Children want to love both parents, and when thrown into an ocean of he said/she said charges, they are left confused, conflicted and hurt. At least they have each other as they swim through these murky waters.

That is no small thing. Often siblings in divorce form enduring bonds.

Forgiveness is difficult when you are co-parenting after a hostile divorce. Christie Brinkley clearly didn't want to have those wounds reopened by a Barbara Walters interview with her ex.

Fraudster Bilks Divorce Group

Linda Lee — Fri, 10 Oct 2008 11:42:32 -0400

By all accounts the Divorce, Separation Support Group of Raleigh, North Carolina, is a terrific bunch of people, both men and women, at least 600 members, who meet once a week to give advice and help each other. The group was betrayed last January by a Fayetteville woman, Margaret Irene Haithcock, 51, who got $6,241 out of them by lying.

She came to the group and announced that she had a triple tragedy that had put her in debt. Her son had been killed in Iraq, she said, and she had cancer, and needed further treatments at Duke. Also, a fire had burned down her house and her letters from her son who was killed in Iraq.

The group, in response, held several fund raisers for her and actually had a memorial service for her son.

But it turned out that none of that was true.

An arrest warrant was issued in June, charging her with obtaining property by false pretenses. The warrant said that the claims of her illness and a dead son were offered only as a way to get money from the group. It took authorities more than two months to find her.

Haithcock, who is also known as Margaret H. Cooke, was arrested last month. According to records at the North Carolina Department of Corrections, she has a history of arrests and convictions dating from 1984 to 1990. She was imprisoned, most recently, for six months in 1990 on forgery charges. Other charges included credit card fraud, credit card theft, attempted forgery, and cheating on property services.

Haithcock/Cooke pleaded guilty on Thursday (October 9) to the charges, and has been ordered to repay the divorce support group. She was given three years of probation, fined $200, and ordered to undergo a mental health assessment.

Finally, she was told not to be in touch with the support group ever again.

What no one has made clear, however, is whether or not Haithcock/Cooke lied about another thing: Was she ever divorced?

In Divorce, At Least the Language Is PC

Linda Lee — Fri, 10 Oct 2008 00:06:22 -0400

In Florida, there is no such thing as “joint custody”; instead it is called “shared parental responsibility.” The person given custody is technically the “primary residential custodian” and the other parent is the “secondary residential custodian.”

Why? Because courts around the world are trying to remove inflammatory words from family law, in hopes that will make divorce less fractious. In 2005, France eliminated any gender bias in the language in its divorce laws. It treats mothers and fathers as exact equals, except in one area: a wife may take back her maiden name.

As long ago as 1991, the British courts changed the language for custody, in an attempt to remove the sense of ownership that went along with the word “custody.” Because of that, 17 years ago, “we heaved a collective sigh of relief,” said Jonathan Smith, a family lawyer in Great Britain.

The problem, he said, was that the courts were using the new terms “parental responsibility,” “residence,” and (for the parent who does not live with the child) “contact” time.

But, he said, regular people, and the press, continued to talk about "custody" and "access" to the child.

And yet, people keep trying. In 2001, the Minnesota legislature adopted new language for custody and visitation, ahem, “in an attempt to lessen the animosity in custody battles.” One parent is the “primary caregiver,” but both parents are apportioned “parenting time.”

Even in New York, where we and everyone else have endlessly referred to “custody” in celebrity cases, like the Christie Brinkley-Peter Cook divorce, the actual terms are “residential custody” to one parent, making the other parent the “non-residential parent.”

The Difference Between Legal Separation and Divorce

Cathy Meyer — Mon, 06 Oct 2008 12:42:58 -0400

A legal separation and divorce are more similar than different. In fact, except for a few key points they are almost the same. The difference is in the legal standard one must meet to obtain a legal separation or divorce and the relief you get from either. Even then, the difference only has to do with whether or not the marriage continues.

All states have legal standards a couple has to meet in order to divorce. You have your no-fault states in which anyone can divorce, reason or no reason. Then you have New York State, which still requires grounds for divorce.

In the end, a divorce simply means that the state you live in recognizes that your marriage is broken and can’t be fixed.

A court can grant a legal separation if “irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage.” A legal separation suspends the marriage whereas a divorce ends the marriage.

The relief offered by a legal separation or a divorce is, again, quite similar and in some situations exactly the same. In cases of legal separation and divorce, most state courts can make provisions for:

1. Child Support

2. Child Custody

3. Visitation

4. Division of Marital Property

5. Spousal Support

6. The Marital Home

7. Health Insurance Benefits

Smoking Forces Happy Couple to Split

Maureen Dempsey — Sat, 04 Oct 2008 22:02:22 -0400

Last week, we highlighted the story of a husband who threatened to divorce his ex-smoker wife if she lit up again; this week, cigars are the point of contention.

An otherwise happy Egyptian wife is divorcing her husband — and his stogie habit — reports Russian news source Novosti. The woman alleges that her partner refuses to smoke outside their home, and, consequently, she has developed a heavy allergy.

In her own words:

"My husband deliberately puts my life to danger. And I am not ready to sacrifice my life for the sake of love for him," she said.

She calls him "inflexible"; he calls her "inhumane":

"I am a draftsman engineer, and I often take additional work home to earn more money for my loved but ungrateful wife," he lamented.

Feels like everything's going up in smoke these days...

Divorce Fallout Shadows Palin’s Campaign

Jill Brooke — Fri, 03 Oct 2008 20:50:24 -0400

Gov. Sarah Palin may be not be getting a wink of sleep now that an Alaska state judge allowed a probe to go forward into whether she abused her power. The Republican vice presidential nominee is under fire for pressuring Public Safety Commissioner Walt Monegan to fire her ex brother-in-law, a state trooper.

The charges are that pressure to fire the trooper came from the Governor herself, her husband, Todd, and her staff. After Monegan did not agree, she fired him, citing disagreement over budget cuts.

And to her, that's a heck of a good reason and why should it be questioned otherwise?

On Thursday Judge Peter Michalski threw out the lawsuit filed by five Republican state legislators who claimed that Palin was the victim of an unfair partisan probe. The Republicans appear to be worried that a damaging report may surface before Election Day and affect voters. Or at least the kind of voters who vote based on performance.

The attorney for the five state legislators, Kevin Clarkson, claimed that the body that ordered the investigation had exceeded its authority.

But Michalski agreed with defense attorney Peter Maassen, who argued that the Legislature has broad authority to investigate the governor. The mere appearance of impropriety does not mean any individual's right to fairness was violated, Michalski wrote in his decision.

“It is legitimately within the scope of the legislature's investigatory power to inquire into the circumstances surrounding the termination (of) a public officer the legislature had previously confirmed,” the judge wrote.