Where have all the flowers gone.

DSCN0005,
originally uploaded by terrybankert.

Some things just should be appreciated.

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St.Clair County Divorce, Flint lawyer, Step Mom and insurance proceeds, who gets what?

ST.CLAIR COUNTY DIVORCE DECISION GOES TO SUPREME COURT, These Issues presented by Flint Divorce lawyer Terry Bankert 235-1970:
1.Claims related to the erroneous payment of insurance proceeds to defendant-Cindy Genaw;
2,Interpretation of MCL 552.101(2); Houdek v. Centerville Twp.; Metropolitan Life Ins. Co. v. Church; Notice; Schepke v. Department of Natural Res.; Thom v. Washington Nat'l Ins. Co.; ERISA; Sweebe v. Sweebe; Moore v. Moore

St. Clair Divorce insurance issue to be reviewed by the Michigan Supreme Court Order in its order of ,June 4, 2010. For reference Supreme Court #SC: 140017, Michigan Court of Appeals #COA: 284214

The case is based on a St, Clair Divorce decision litigated in St Clair Probate Court : 07-000069-CZ

Case Name: Genaw v. Genaw ,GAYLORD GENAW, JR., Personal Representative of the Estate of Gaylord Genaw, Sr., Plaintiff-Appellee, v CINDY GENAW, Defendant,and
UNUM LIFE INSURANCE COMPANY, Defendant-Appellant. e-Journal Number: 46010
Judge(s): Cavanagh, Weaver, Corrigan, Young, Jr., and Markman; Dissent - Kelly; Voting to deny leave to appeal - Hathaway. Additions for lay understanding and SEO noted as CAP headlines or [trb]

MICHIGAN SUPREME COURT SAYS THE MICHIGAN COURT OF APPEALS GOT IT WRONG
In an order in lieu of granting leave to appeal, the court reversed the judgment of the Court of Appeals in a published opinion for the reasons stated in the Court of Appeals dissenting opinion, and remanded to the probate court for entry of an order granting defendant-Unum's motion for summary disposition.

INSURANCE COMPANY OFF THE HOOK
The defendant-insurer was discharged from all liability under MCL 552.101(2) when it paid the policy benefits to the named beneficiary prior to receiving any notice of a competing or adverse claim to those benefits.

JUSTICE KELLY DOES NOT AGREE

In her dissent, Justice Kelly would grant leave to appeal to resolve the differing interpretations of MCL 552.101(2), which addresses entitlement to life insurance proceeds after a divorce.

UNLESS YOUR DIVORCE JUDGEMENT SAYS OTHERWISE INSURANCE PROCEEDS WILL GO TO INSURED.
The statute declares, "absent an express designation to the contrary, once a divorce is final all policy benefits are payable to the insured."

WHAT HAPPENS WHEN EX SPOUSE LEFT OFF BUT GETS MONEY AFTER DIVORCE
This addresses the problems posed when an ex-spouse is inadvertently left as the named beneficiary after a divorce. Another clause protects insurance carriers. It provides a carrier is discharged from liability for distribution of the insurance proceeds if it pays them to the named beneficiary, absent notice of a competing claim.

THE HIGHER COURT’S JOB IS TO CLARIFY THE LAW
The Supreme Court should resolve the correct interpretation of MCL 552.101(2). The majority "hastily accepted the dissenting opinion as correct" without full briefing or oral argument.

THE EX WIFE IS A PERSON OF INTEREST
Under the language of the statute, petitioner's ex-wife, a named beneficiary of the policy, appeared to be a "person having interest in the policy." The statute does not contain a requirement the notice be given by someone other than the named beneficiary or the insurer be advised of a competing claim to the insurance benefits.

SUPREME COURT MAY REVERSE THE COURT OF APPEALS
On order of the Court, the application for leave to appeal the October 6, 2009
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals

THE SUPREME COURT AGREES WITH THE COURT OF APPEALS DISSENTBY C.J.KELLY

for the reasons stated in the Court of Appeals dissenting opinion, and REMAND this case to the St. Clair Probate Court for entry of an order granting defendant Unum Life Insurance Company’s motion for summary disposition.

INSURANCE COMPANY OFF THE HOOK
The defendant insurer was discharged from all liability under MCL 552.101(2) when it paid the policy benefits to the named beneficiary prior to receiving any notice of a competing or adverse claim to those
benefits.
KELLY, C.J. (dissenting).

I would grant leave to appeal.

WHAT HAPPENS TO INSURANCE IN A MICHIGAN DIVORCE
At issue in this case is the interpretation of MCL 552.101(2), a statute that addresses entitlement to life insurance proceeds after a divorce.

THE LAW IS CLEAR SO WHAT IS THE PROBLEM
The statute declares that, absent an express designation to the contrary, once a divorce is
final all policy benefits are payable to the insured.

WHAT IF THE DIVORCE COURT ORDER WAS FOR THE SURVIVING SPOUSE NOT TO GET BENEFITS? BUT A MICHIGAN DIVORCE ATTORNEY MAKES A MISTAKE AND THE INSURANCE BENIFICIARY WAS NOT CHANGED? WAS IT THE MICHIGAN DIVORCE LAWYERS FAULT.

This addresses the problems posed when an ex-spouse is inadvertently left as the named beneficiary after a divorce.

MISTAKE OR NO MISTAKE BIG BUSINESS IS OFF THE HOOK
An additional clause protects insurance carriers. It provides that a carrier is discharged from
liability for distribution of the insurance proceeds if it pays them to the named
beneficiary, absent notice of a competing claim.1

GETTING TO THE POINT

The issue in this case is whether notice was provided to the insurance company.

Gaylord Genaw, Sr. was killed in a traffic accident just three days after he was divorced
from his wife.

THE ST.CLAIR COUNTY DIVORCE JUDGEMENT SAID WIFE NOT ENTITLED
The judgment expressly indicated that his ex-wife was not entitled to the
proceeds of his life insurance policy.

IT APPEARS THE ST. CLAIR COUNTY DIVORCE LAWYER DID NOT NOTIFY THE INSURANCE COMPANY OF WIFE’S DISENTITLEMENT!

However, his ex-wife’s designation as beneficiary on the policy was never changed. She took advantage of this after the accident and made a claim for the proceeds.

AT HUSBANDS DEATH WIFE TOLD THEM ABOUT THE DIVORCE, THEY NEVER READ IT AND PAID HER ANYWAY. WHY IS BIG ISURANCE LET OFF THE HOOK AGAIN?

Defendant paid them to her, even though she disclosed the divorce on the claim form and the death certificate she submitted to defendant also indicated that Gaylord was divorced.

STEP SON IN A LOVING THOUGHTFUL MANNER SUES HIS EX STEP MOTHER

When Gaylord’s son discovered that she had improperly collected the policy proceeds, he brought this action against her and against the insurance company.

ST.CLAIR COUNTY PROBATE COURT SAYS STEP MOM GIVE IT UP!
The trial court ordered the ex-wife to turn over to plaintiff what remained of the
proceeds. The court then held defendant liable for the remainder.

THE MICHIGAN COURT OF APPEALS ALSO SAID STEP MOM KEEP THE MONEY!
The Court of Appeals affirmed this action in a published split opinion.2 It found that the ex-wife qualified
As “any other person having interest in the policy” under MCL 552.101(2).

SHE TOLD THE INSURANCE COMPANY THERE WAS A DIVORCE, WHY NOT KEEP THE MONEY?

Because she Had given defendant written notice of the divorce, the court found that defendant had received
notice according to the statute and was therefore responsible for wrongfully disbursing
1

ST.CLAIR COUNTY, MICHIGAN, DIVORCE AND INSURANCE
MCL 552.101(2) states, in its entirety:
Each judgment of divorce or judgment of separate maintenance shall
determine all rights of the wife in and to the proceeds of any policy or
contract of life insurance, endowment, or annuity upon the life of the
husband in which the wife was named or designated as beneficiary, or to
which the wife became entitled by assignment or change of beneficiary
during the marriage or in anticipation of marriage. If the judgment of
divorce or judgment of separate maintenance does not determine the rights
of the wife in and to a policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the husband or to the named
beneficiary if the husband so designates. However, the company issuing
the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with the terms of the policy unless before the payment the company receives written notice, by or on behalf of the insured or the estate of the insured, 1 of the heirs of the insured, or any other person having an interest in the policy, of a claim under the policy and the divorce. [Emphasis added.]

2 In re Genaw Estate, 285 Mich App 660 (2009).
3
the funds.3 The dissenting judge would have held that a named beneficiary cannot
qualify as an “other person having interest in the policy.”4

WHAT IS THE CORRECT INTERPRETATION? WHAT IT SAYS OR WHAT IT MEANS ?

The Supreme Court should resolve the correct interpretation of MCL 552.101(2).

THE COURT OF APPEALS WAS IN A SLOPPY HURRY?
The majority has hastily accepted the dissenting opinion as correct without the benefit of
full briefing or oral argument.

ONE SUPREME COURT JUSTICE IS TROUBLED!
I find this troublesome because, under the language of the statute, petitioner’s ex-wife, a named beneficiary of the policy, appears to be a “person having interest in the policy.”

JUST WHAT KIND OF NOTICE IS ADEQUATE
Nowhere does the statute contain a requirement that notice be given by someone other than the named beneficiary or that the insurer be advised of a competing claim to the insurance benefits.

THEY NEED PERMISSION OR LEAVE TO APPEAL, IT WAS GIVEN.
Accordingly, I would grant leave to appeal to resolve the differing interpretations
of the statute.

3 Under the factual circumstances of this case, it is undisputed that Unum received a claim from Genaw that specifically acknowledged both her status as the ex-wife of the decedent and the existence of a divorce. Consequently, this information, submitted in conjunction with her claim, was sufficient to meet the notice requirement imposed by the existing statutory language, and the insurance company was not absolved of its liability for payment of the proceeds to the designated beneficiary. [Id. at 669.]

PLAIN LANGUAGE
4 [T]he plain language of the statute absolves an insurer of liability for paying its proceeds in accordance with the terms of the policy unless before the payment it receives written notice of a claim and of the divorce from one of the persons identified in the statute.

SPECIFIED PERSONS
These specified persons—(1) the insured or the estate of the insured, (2) the heirs of the insured, or (3) any other person having an interest in the policy—are plainly ones who could have an interest in the policy if the beneficiary designated in the policy no longer had a right to the benefits of the policy.

CLAIM MAKING
A claim by such a person would clearly
give the insurer notice of the extinguishment of the former wife/beneficiary’s interest in
the policy and of the existence of a claim by one other than the beneficiary designated in
the policy. Thus, “other person” logically means a person other than the claimant
(beneficiary) already known to the insurer.

WRITTEN NOTICE NEEDED
Absent written notice of a claim under the
policy by one of the persons identified in the statute before making payment on its policy,
the insurer is discharged of all liability on the policy for payment of its proceeds in
accordance with the terms of the policy.

MOST IMPORTANT TO LET THE INSURANCE COMPANY OFF THE HOOK
This interpretation advances the clear purpose
of the statutory language at issue, which is to protect an insurer that pays its policy proceeds in accordance with the terms of the policy absent the requisite notice of a claim by someone other than the beneficiary designated in the policy. In my view, the plain language of the statute mandates this conclusion. [Id. at 675-676; emphasis in original
(FITZGERALD, J., dissenting).]

HATHAWAY, J., would grant leave to appeal.

Posted 06/15/2010 here by
Terry R. Bankert
A Flint Michigan Divorce Lawyer
http://attorneybankert.com
Or
http://dumpmyspouse.com

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Driver Gerald Persails Car #80 Auto City Speedway Autograph nite.

DSCN0921,
originally uploaded by terrybankert.

Lynn and Terry Bankert through DumpMySpouse.com are a sponsor of the Persails racing team. We gave out individualy wrapped candy bags for the kids. And also given out were branded refrigerator magnets, cuzos for drinks, frisbees, bumper stickers, canvase bags , umbrellas, and delux sipping cups. It was a Blast.


See the Slideshow of all the photos and video here.
http://www.flickr.com/photos/30366181@N05/sets/72157624265797720/show/with/4696069301/

Thumb nail pictures see
http://www.flickr.com/photos/30366181@N05/sets/72157624265797720/

If you want to meet the workers of America go to a stock car race in any City.

Posted here
Terry Bankert
http://attorneybankert.com
or
http://dumpmyspouse.com

For Auto City Speedway information see
http://www.autocityspeedway.com/

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Loyd, Freeman, Kincaid lose anti- Flint Ombudsman iniative, AGAIN!

THE CITIZENS OF FLINT WANT A PUBLIC SAFTEY PRIORITY. THE FLINT CITY COUNCIL DELIVERED. WHEN ITS SLASHED THE MAYORS OFFICE BUDGET AND SHIFTED THE MONEY TO PUBLIC SAFTEY


THE COUNCIL WAS CONSIDERING REFORM
The Flint City Council tonight was expected to discuss two of the most widely debated issues in Flint politics — reducing the size of the City Council and axing the city ombudsman’s office.[1]

THERE IS NO REAL SUPPORT ON THE COUNCIL TO ELIMINATE THE OMBUDSMANS OFFICE.

But the council voted to drop both issues from its agenda without much discussion, and it was clear neither idea had much support from the majority of the council members.[1]

FREEMAN DID GREAT WORK ON THE BUDGET

City Councilman Joshua Freeman brought the issues to council in hopes of starting a discussion that might eventually lead to a vote of the public and some potential budget savings for the city of Flint.[1]

THE SUPPORT TO ELIMINATE IS NOT THERE



He said he plans to bring the ombudsman issue back before the council in 30 days, but said reducing the council doesn't have the support right now.[1]

YHE VOTERS HAVE SAID IN THREE ELECTIONS THEY SUPPORT THIS OFFICE

Cutting the charter-mandated offices would require putting charter amendments before voters.[1]

LET IT GO

City Council President Delrico Loyd, along with Freeman, is a supporter behind the discussion of shrinking the council and eliminating the ombudsman.[1]

JUST PROVES THE COUNCIL WAS WILLING TO LOOK AT ALL COST CENTERS

Loyd said the city’s dire economic straits force the council to at least entertain the cost-cutting moves, especially when the city is also cutting services like public safety.[1]

THERE IS NO MEANINGFUL COMMUNITY SUPPORT TO PUT THIS OFFICE ON THE BALLOT- OMBUDSMAN

“We have to make tough choices from the top, even if it’s not politically safe for us,” Loyd said. “We have to exchange dialogue; We have to start the conversation so we can get it on the ballot for voters to decide.”[1]

But putting the ombudsman’s office on the chopping block could prove to be unpopular. Three years ago, voters soundly rejected a proposal to abolish the office.[1]

See:[1]
http://www.mlive.com/news/flint/index.ssf/2010/06/flint_city_council_drops_discu.html#incart_rh


THE PROPER TERM IS “OMBUDSMAN”

Ombudswoman Brenda Purifoy said her office is truly an “office of the people,” designed to help residents wade through bureaucratic red tape or issue opinions on city government conflicts.[1]

WE DO THINK THE OFFICE IS IMPORTANT

"When nobody is helping them, they come here and we step in,” she said. “The people of this city, they think this office is important.”[1]

THE OFFICE IS A COST SAVINGS,

The ombudsman’s office was created 34 years ago and is required under the city charter.Flint and Detroit are the only two communities in the state with an ombudsman, and the office has battled claims that it’s an unnecessary luxury in the face of looming budget cuts.[1]
NEELEY IS RIGHT AGAIN

Councilman Sheldon Neeley said the ombudsman's office provides a key avenue for residents to have their voices heard.[1]

ITS CHARTER MANDATED. HE SHOULD HAVE TO PUT IT ON THE BALLOT THE OLD FASHIONED WAY BY PETITION. ONCE HE GETS ON THE STREET HE WILL SEE THE MASSIVE COMMUNITY SUPPORT FOR THIS OFFICE

But Freeman has said the city could put a couple of police officers on the street with the $323,443 that is budgeted for the ombudsman’s office in the upcoming year.[1]

LOYD HAS BVACKERS WHO HAVE TRADITIONALY OPPOSED THE OFFICE

Loyd said the ombudsman discussion would be difficult but necessary — though maybe not as difficult as the idea of cutting two of their own.[1]

CAN’T TOUCH THAT

Councilwoman Jackie Poplar said she's not in favor of shrinking the council because she's worried some city residents could fall through the cracks as the wards are changed. She said she wants to learn more about the issue.[1]

GREAT IDEA TO REDUCE, AND THE ORIGIONAL CHARTER CALLED FOR 2 YR COUNCIL TERMS PUT THAT ON THE BALLOT AN SEE WHAT HAPPENS

Loyd said he supports reducing the council from nine to seven members, especially since the city has shrunk drastically over the years, but there was not the same kind of support from his colleagues.[1]

A SPLIT

The issue was dropped from the meeting agenda on a 5-4 vote, with Loyd, Freeman, Kincaid and Sarginson dissenting.[1]

KEEP US INFORMED

“The discussion will be controversial — we are not all in favor of it,” Loyd said. “But the city is facing very, very tough financial issues.” [1]

Posted here by
Terry Bankert
http://attorneybankert.com





[1]
http://www.mlive.com/news/flint/index.ssf/2010/06/flint_city_council_drops_discu.html#incart_rh
[2]
http://www.mlive.com/news/flint/index.ssf/2010/06/flint_city_council_discussing.html

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Foreign organization sheltered on an island state disrupts the food supply of the United States!

BREAKING NEWS- Its in the air!

Good Morning Flint! has learned that an armada of foreign controlled vessels and planes appeared off the Southern Coast of the United States and deployed chemicals toxic to humans and their food chain.

These foreigners have seeded 800,000 gallons of a toxic sludge into the Gulf of Mexico which now challenges the United State Food Supply and an untold number of American lives are known to have been placed in jeopardy.

[T]he dispersants’ toxins may be making their way into the air that workers are breathing. Air sampling data gathered to ensure the safety of cleanup workers has identified a chemical compound in the air that is also in the dispersants BP is applying to the Gulf [2][a3]

The toxic sludge, a dispersant Corexit composed of 2-butoxyethanol mixed with strategically released deep sea oil, is floating unstopably towards the Gulf Coast, Florida and beyond.

It will round Florida and contaminate the entire Eastern Sea Board of the United States. Food shortage will occur because of this devastation to our food supply. Humans who come in direct contact with this sludge may die.

The sludge ,COREDIX AND OIL ,is known to cause:

RESPIRATORY DISORDER
NERVOUS SYSTEM DISORDER
LIVER DISORDER
KIDNEY DISORDER
BLOOD DISORDER

We know the name of the organization attacking us and the small island country sheltering this organization.

How long will we allow them to cause terror to the citizens of the United States?

The name of the terror causing organization is BP!

The County Sheltering BP is England.

What should we do?

Yes this is an over statement but we are underestimating the impact of the BP crisis. Do not listen to BP. But who do we listen to?

The author Flint Divorce attorney Terry Bankert, 235-1970, writes this in a fully cited note style his comments are cited or CAP HEADLINES for lay understanding and SEO.

Will the cure , dispersant, be more deadly than the spill, oil?

In Gulf oil spill, how helpful – or damaging – are dispersants?[a1]

The one BP is using to break up the Gulf oil spill has been approved by the EPA. But it's an older mixture that contains toxic ingredients, and it's not among the top tier of recommended dispersants.[a1]

DISPERSANTS BREAK UP OIL INTO BITS

In the four weeks since the Deepwater Horizon rig capsized after an explosion, BP has released 436,000 gallons of the two dispersants, Corexit EC9500A and Corexit EC9527A, the company says. Dispersants break up the escaped oil into molecular bits before it reaches shore.[a1]

THE DISPERSANTS PICKED BY BP WERE THE WORST , toxicity and effectiveness, AND PROBABLY THE CHEAPEST

The Environmental Protection Agency (EPA) has pre-approved both for such emergencies. The effectiveness of Corexit EC9500A is rated as 55 percent, and the effectiveness of Corexit EC9527A is rated as 63 percent, according to the EPA. That ranks them behind 12 other dispersants (out of 18) that the agency has determined do a better job dispersing oil while protecting marine life.[a1]

THE DISPERSANTS USED WERE 10 X 20S TIMES MORE TOXIC THAN THE DISPERSANTS NOT USED

As for toxicity, the EPA rates both products as either comparable in toxicity or 10 to 20 times more toxic than the 12 others on the list. [a1]

Use- One variant was used in the 1989 Exxon Valdez disaster in Alaska. In 2010, Corexit EC9500A and Corexit EC9527A were used in unprecedented large quantities in the Deepwater Horizon oil spill.[1] [A2]

Little-noticed data posted on BP’s website and the Deepwater Horizon site show that 32 air samples taken near workers have indicated the presence of butoxyethanol, a component listed as present in an oil spill dispersant used by BP, known as Corexit. The Environmental Protection Agency considers it toxic.[a3]

800,000 GALLONS OF THIS STUFF WENT INTO THE OCEAN

On May 19, 2010 the Environmental Protection Agency gave BP 24 hours to choose less toxic alternatives to Corexit, selected from the list of EPA-approved dispersants on the National Contingency Plan Product Schedule[2], and begin applying them within 72 hours of EPA approval of their choices.[3] BP has used Corexit 9500A and Corexit 9527A thus far, applying 800,000 US gallons (3,000,000 l) total[4], including the company's estimate of 55,000 US gallons (210,000 l) underwater.[5][A2]

THE FORUMLA OF THE 800,000 GALLONS OF TOXIC SOUP IS PRIVATELY HELD

Composition- The proprietary composition is not public, but the manufacturer's own safety data sheet on Corexit EC9527A says the main components are 2-butoxyethanol and a proprietary organic sulfonic acid salt with a small concentration of propylene glycol.[6][7] [A2]

Corexit EC9500A is mainly comprised of hydrotreated light petroleum distillates, propylene glycol and a proprietary organic sulfonic acid salt.[8] Propylene glycol is a chemical commonly used as a solvent or moisturizer in pharmaceuticals and cosmetics. An organic sulfonic acid salt is a synthetic chemical detergent, such as dodecyl benzene sulfonate used in laundry detergents, that acts as a surfactant to emulsify oil and allow its dispersion into water.[A2]


Effectiveness - The oil film will be dispersed in small droplets which intermix with the seawater. The oil is then not only distributed in two dimensions but is dispersed in three.
Corexit EC9500A (formerly called Corexit 9500) was 54.7% effective in handling Louisiana crude, while Corexit EC9527A was 63.4% effective in handling the same oil.[9][10][A2]

THESE DISPERSANTS (COREDIX) USED DURING EXXON VALDEZ SPILL CAUSED:

RESPIRATORY DISORDER
NERVOUS SYSTEM DISORDER
LIVER DISORDER
KIDNEY DISORDER
BLOOD DISORDER

Toxicity and alternatives According to the Alaska Community Action on Toxics, the use of Corexit during the Exxon Valdez oil spill caused "respiratory, nervous system, liver, kidney and blood disorders" in people.[7] According to the EPA, Corexit is more toxic than dispersants made by several competitors and less effective in handling southern Louisiana crude.[11] However, the oil from Deepwater Horizon is not believed to be typical Louisiana crude.

THE DISPERSANT USED IS TOXIC TO MARINE LIFE AND THE PEOPLE WHO EAT THAT LIFE

Reportedly Corexit is toxic to marine life and....[2a]

In the meantime, cleanup workers have been getting sick. Between the Coast Guard and BP, possible explanations for this sickness have ranged from heat and fatigue [4] to food poisoning [5].[a3]

BP LEADER SAID ALL THE OIL WAS ON THE SURFACE, IT USED COREDIX AND THIS ARTICAL SAYS COREDIX KEEPS OIL SUBMERGED...BUT ITS STILL COMING TO OUR BEACHES AND FOOD CHAIN

...helps keep spilled oil submerged.[2a]

DOES IT KILL WHAT SWIMS THROUGH IT?

The quantities used in the Gulf will create 'unprecedented underwater damage to organisms.'[12] [A2]

THE STUFF THEY DUMPED IN THE OCEAN INJURES YOUR BLOOD!

9527A is also hazardous for humans: 'May cause injury to red blood cells (hemolysis), kidney or the liver'.[13] [A2]

WHAT THE HECK IS THE NATIONAL CONTINGENCY PLAN!

Alternative dispersants which are approved by the EPA are listed on the National Contingency Plan Product Schedule[14] and rated for their toxicity and effectiveness.[15]
[a2]

THE REAL QUESTION IS WHAT PERCENTAGE WILL KILL US, ARE WE THERE, MABEY!

This week, BP chief executive Tony Hayward told The Guardian newspaper that the amount was “tiny in relation to the total water volume” in the Gulf.[a1]

WE UNDERSTAND THEIR CONFUSION

Reliance on dispersants, especially in response to a disaster on par with the 1989 Exxon Valdez oil spill in Alaska, is understandable, say environmental groups. [A1]

WHO AUTHORIZED THIS TRADE OFF

What they don’t understand is why marine ecosystems are being sacrificed to save coastal habitats, a trade-off that wouldn’t be an issue if less toxic solutions were stockpiled.[a1]

OH GOD NOW THEY SAY NOT ENOUGH IS KNOWN ABOUT COREDIX

Not enough is known about how the Corexit products will affect marine life, says Richard Charter, senior policy adviser for marine programs with Defenders of Wildlife, an advocacy organization in Washington. Not only is the size of the spill unique, but the Gulf environment presents conditions that EPA testing would not necessarily replicate in a lab. [a1]

WELCOME TO INTRODUCTION TO CHEMISTRY 101 ONLY MILLIONS CAN DIE

“You now have a giant chemistry experiment being done in the Gulf of Mexico,” Mr. Charter says.[a1]

WHAT MUTANT LIFE FORM WILL EMERGE AND WHERE WILL THIS MESS FLOAT TOO

Dispersants in general are also unpredictable in this situation because it is uncertain where the molecules will travel and eventually settle, due to heavy tidal conditions and tropical storms, and what byproducts will form as a result. [a1]

CAUSE EFFECT DAMAGE LIABILITY, WHOSE HEADS WILL ROLL

“What effect that will have we don’t know,” says Judy Haner, marine program director for the Alabama chapter of the Nature Conservancy.[a1]

Just what should we be doing?

Posted here by
Flint Divorce Attorney Terry Bankert
http://attorneybankert.com

sources:

[a1]
http://www.csmonitor.com/USA/2010/0515/In-Gulf-oil-spill-how-helpful-or-damaging-are-dispersants
[a2]
http://en.wikipedia.org/wiki/Corexit

[a3]
http://www.propublica.org/ion/blog/item/air-sampling-finds-a-compound-in-toxic-dispersant-is-also-in-the-air
more from wikipedia

1^ New York Times, "less toxic dispersants lose out in BP oil spill cleanup", May 13, 2010
2^ "National Contingency Plan Product Schedule". Environmental Protection Agency. 2010-05-13. http://www.epa.gov/emergencies/content/ncp/product_schedule.htm. Retrieved 2010-05-21.
3^ "Dispersant Monitoring and Assessment Directive – Addendum". Environmental Protection Agency. 2010-05-20.
4^ Paul Quinlan (2010-05-24). "Secret Formulas, Data Shortages Fuel Arguments Over Dispersants Used for Gulf Spill". New York Times. http://www.nytimes.com/gwire/2010/05/24/24greenwire-secret-formulas-data-shortages-fuel-arguments-o-9112.html. Retrieved 2010-05-24.
5^ Juliet Eilperin (2010-05-20). "Post Carbon: EPA demands less-toxic dispersant". Washington Post. http://views.washingtonpost.com/climate-change/post-carbon/2010/05/epa_demands_less_toxic_dispersant.html. Retrieved 2010-05-20.
6^ "Safety Data Sheet Product Corexit® EC9527A". http://www.deepwaterhorizonresponse.com/posted/2931/Corexit_EC9527A_MSDS.539295.pdf. Retrieved 2010-05-16.
7^ a b "Chemicals Meant To Break Up BP Oil Spill Present New Environmental Concerns". ProPublica. http://www.propublica.org/article/bp-gulf-oil-spill-dispersants-0430. Retrieved 2010-05-07.
8^ "Safety Data Sheet Product Corexit® EC9500A". http://www.deepwaterhorizonresponse.com/posted/2931/Corexit_EC9500A_MSDS.539287.pdf. Retrieved 2010-05-16.
9^ Environmental Protection Agency, NCP Product Schedule, Accessed May 16, 2010, http://www.epa.gov/swercepp/web/content/ncp/products/corex950.htm
10^ Environmental Protection Agency, NCP Product Schedule, Accessed May 16, 2010, http://www.epa.gov/swercepp/web/content/ncp/products/corex952.htm
11^ New York Times, May 13, 2010, Less toxic dispersants lose out in bp oil spill cleanup, http://www.nytimes.com/gwire/2010/05/13/13greenwire-less-toxic-dispersants-lose-out-in-bp-oil-spil-81183.html
12^ Dugan, Emily (0 May 2010). "Oil spill creates huge undersea 'dead zones'". The Independent. http://www.independent.co.uk/news/world/americas/oil-spill-creates-huge-undersea-dead-zones-1987039.html. Retrieved 30 May 2010.
13^ "Material Safety Data Sheet: Corexit EC9527A". NALCO. 5/11/2010. http://www.piersystem.com/posted/2931/Corexit_EC9527A_MSDS.539295.pdf. Retrieved 30 May 2010.
14^ "National Contingency Plan Product Schedule". Environmental Protection Agency. 2010-05-13. http://www.epa.gov/emergencies/content/ncp/product_schedule.htm. Retrieved 2010-05-21.
15^ "National Contingency Plan Product Schedule Toxicity and Effectiveness Summaries". Environmental Protection Agency. 2010-05-13. http://www.epa.gov/emergencies/content/ncp/tox_tables.htm#dispersants.

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Flint Divorce lawyer says your facebook post may be evidence in Divorce.

FLINT DIVORCE ATTORNEY TERRY BANKERT REVIEWS THE USE OF FACEBOOK AND SOCIAL MEDIA IN DOMESTIC LITIGATION AND NEGOTIATION.

This article is in a fully cited note taking style CAP HEADINES are by the author for lay understanding and SEO.

A friend once told me she list’s the opposite parties face book friends on her witness list to get a rise out of the opposite party. [trb]

It was only a matter of time: Divorce lawyers who once dug through trash for evidence of cheating are now trolling Facebook and other sites for signs of “social cheatworking.”[4]

DOES DUE DILIGENCE REQUIRE A LOOK AT FACEBOOK AND OTHER SOCIAL MEDIA?

A new survey has found that social networking site Facebook is being cited in most divorce cases as the main provider of evidence of spouses cheating.[1]

CRIMINAL INVESTIGATORS HAVE BEED USING THIS EVIDENCE DOMESTIC ARE BEGINNING.

Criminal Activity. Postings of text and photos on social networking sites have been the source of discovery of criminal activity and, ultimately, evidence of crimes. Social networking activities have also served as a catalyst for offline criminal activities and charges[7]

SOCIAL NETWORKING AS EVIDENCE[10]

DOES YOUR FACEBOOK SHOW HOW YOU LEAD YOU LIFE?

The legal world took notice when, on February 20, 2009, the Ontario Superior Court of Justice permitted a defendant to cross-examine a plaintiff in a tort suit about his private Facebook profile. 87 The Court [*12] noted that it was "reasonable to infer that his social networking site likely contained some content relevant to the issue of how [the plaintiff] has been able to lead his life since the accident." 88
[10]

IS SKIING PHYSICAL THERAPY?

There is also the famous case where a woman claiming serious injuries after a car accident was confronted by photos of her skiing in the Swiss Alps. 89 Whoops. [10]

FACEBOOK IS NOT A PRIVATE DISCUSSION.

In another case, a woman lost a custody battle after sexually explicit comments on her boyfriend's MySpace page came to light. 90 And in yet another instance, a husband lost credibility after describing himself on MySpace as "single and looking." 91
[10]

WHEN ANY LITIGATION BEGINS DELETE OR PUT ON PRIVATE ALL YOUR SOCIAL MEDIA AND HOPE FOR THE BEST.

In criminal cases, social networking sites often come into play. In 2007, Jessica Binkerd was sentenced to five years and four months in prison after she drove under the influence of alcohol and was involved in a crash that resulted in the death of her passenger. 92 Her attorney anticipated that she would get probation, but she was sentenced to prison after evidence from her MySpace page showed her wearing an outfit with a belt that had plastic shot glasses on it. 93 Other photos showed her holding a beer bottle and wearing a shirt advertising tequila. 94 As her attorney put it, even though the outfit was part of a Halloween costume, the photos were all the judge talked about, saying that she had learned no lesson and showed no remorse. 95
[10]
In 2008, two weeks after being charged with drunk driving in an accident that seriously injured a woman, Joshua Lipton made the foolish decision to show up at a Halloween party in a prisoner costume with the label "Jail Bird" on his orange jumpsuit. 96 Someone posted the photo on Facebook and the prosecutor made effective use of the photo of this young man partying while his victim was recovering in a hospital. 97 The judge called the photos "depraved" and sentenced him to two years in prison. 98 [*13]
[10]

In another sentencing hearing, Matthew Cordova found himself with a five-year prison sentence in Arizona. 99 He had pled guilty to aggravated assault with a gun. 100 At the hearing, his attorney tried to portray him as a peaceful man who had found religion, yet the prosecution had a MySpace picture of Cordova holding a gun which he posted comments about. 101
[10]

In 2009, Raul Cortez was found guilty of murder. 102 He might not have been sent to death row, however, without the gang signs and colors displayed on his MySpace page being introduced in court. 103
[10]

BIG BROTHER IS LOOKING!

The police often use social networking sites in their investigations, while prosecutors check the sites of gang members, who regularly discuss their activities on their social networking sites. 104 Happily, they are often dumb enough to provide great fodder for criminal investigations. 105
[10]

FOR DIVORCE LITIGATION AND FIRST DATES CHECK THE SOCIAL MEDIA

Many divorce attorneys have reported to the authors that, whenever they get a new case, they Google all the parties (including their own client) and also check their social networking sites. In one such case in which the authors were involved, a well-groomed woman who portrayed herself as a "soccer mom" was undone by explicit photos of herself that she had posted online looking to "hook up" with men. 106 Dad got custody. 107
[10]

THIS IS LIKE WHISPERING SWEET NOTHINGS ON NETWORK NEWS!

In another case the authors handled, a wife learned of her husband's infidelity because she talked to his lover on his Facebook page. 108 Though the wife had no access to the page, one of her friends did. [10]

EUREKA!

It should now be a matter of professional competence for attorneys to take the time to investigate social networking sites. You must pan for gold where the vein lies - and today, the mother lode is often online.[10]

IF I HAVE SEEN 1 FACBOOK PAGE PRINTOUT I HAVE SEEN A THOUSAND

A survey of the nation's top lawyers shows more clients are coming to divorce court armed with Facebook evidence to prove spouses are cheating, according to MyFoxPhilly.com.[2]

More than 80% of respondents to a survey by the American Academy of Matrimonial Lawyers reported a spike in social media site spying -- the same kind done by marketers.[4]

Social media stalking skills have become invaluable to the legal world for divorce cases in particular. Online photo albums, profile pages, wall comments, status updates and tweets have become gold mines for evidence and leads. Today, divorce and family law firms routinely cull information posted on social media sites — the flirty exchanges with a paramour, unsavory self-revelations and compromising photographs — to buttress their case.[6]

We've all known for a while now that spouses are using social networking transcripts as justification for ending marriages -- even in the courtroom. And, as we've said before, that doesn't come as a huge surprise. Virtually everything we do today leaves some sort of trail behind us, whether it's in the form of cell phone bills, e-mail exchanges, or Wall posts. Facebook just happens to be the most convenient means by which we can find lost loves, former flames, or, as the case may be, quasi-anonymous acquaintances. [3]


The survey was conducted on some of the nation’s top divorce lawyers, and they revealed that their clients come to court armed with evidence they got from the website.[1]

“More and more I have clients coming in and I say, ‘What are you here today for ’ And they say, ‘Facebook’,” Fox News quoted divorce attorney Mary Cay Trace as saying. “You can now search beyond your neighbours and your co-workers if you’re trying to find somebody to replace what you think is missing in your marriage,” she stated.[1]

The reason is simple. Many people don't understand how social media works. Specifically, they aren't fully aware of the controls that help protect privacy. Think of the massive confusion Facebook recently caused with its control changes.[4]

Are Social Networking Profiles Discoverable? A Canadian Court recently answered this question affirmatively. In Leduc v. Roman, Ont. Super. Ct. No. 06-cv-3054666PD3 (February 20, 2009), the court allowed pretial discovery of a party’s Facebook profile[22]. The plaintiff had brought an auto negligence action and the defendant sought information from the profile relevant to the question of whether the accident had impacted his ability to participate in his regular activities. The court further stated that the plaintiff’s privacy settings were irrelevant and that the profile information was “data and information in electronic form” discoverable under Canada’s Rules of Civil Procedure.[7]

The Internet, Facebook, E-Mails and Electronic Storage Devices[8]

A good example of use of an interrogatory would be to adopt a standard discovery request. This discovery request would be a good baseline to discuss with your own client where he or she receives their electronic information and the way that they may be requested to supply the same information in return. [8]

When considering how electronic discovery may assist litigation, also be aware of the legal and ethical landmines for both you and your client. The client should be made aware of current wire tapping law prohibiting certain “spy tactics” such as hidden cameras, computer spyware and wire tapping. Be aware if your client, as well as opposing party) is participating in social networking sites, such as MySpace, Match.com or Adultfriendfinder.com. Finally, remember you can potentially be held liable if you review or even know about private information that your client obtained illegally[8]

An emerging area for uncovering information about employees’ off-duty conduct and possible misconduct are social networking sites, such as Facebook, Twitter, LinkedIn, and employees’ own blogs. An employer’s examination of an employee’s social network sites may reveal conduct that violates the employer’s confidentiality, ethics, fraternization, and leave-of-absence policies, among others. While reviewing these sites may provide information about policy violations, using these resources may also set employers up for various claims by employees. The risks for employers include invasion-of-privacy claims, Fair Credit and Reporting Act violations, and state and federal antidiscrimination law claims. Because of these risks, employers that use social networking sites to gather information as part of an investigation should carefully consider what information should be collected and evaluated before using it as a basis for employment decisions. [9]


A mother of two showed via Skype Internet love notes posted between her husband and an old grade-school flame he reconnected with on Facebook. Within months, the 13-year marriage was over, with her husband’s new woman also ending her own marriage. The families had two children each.[1]

But it is not always the betrayed spouse who stumbles across the Internet evidence. Even worse, it’s friends, neighbours and sometimes the children who bust their parent. [1]


You'd think, though, that at some point, the trend would begin to reverse, as more people become more aware of the indelibility of their actions. Instead of seeing social networking as an opportunity to check out other men or women, perhaps people will begin to see the ubiquitous phenomenon as a good reason not to cheat, in the same way that surveillance cameras at ATMs often discourage criminals from theft. A lot of people, of course, will always cave to carnal temptation, and may very well use social networking to satisfy that craving. But that doesn't necessarily negate the potential for Facebook and its brethren to strengthen as many marriages as it purportedly destroys.[3]

In effect, social networks are becoming the desk drawers or glove compartments where a cheater is most likely to leave the most evidence.[4]

Even if you are reasonably sure you can protect your Facebook profile from your spouse, that doesn’t mean you can protect it from his or her lawyer. Remember, good divorce attorneys (or their hired private investigators) don’t even need to catch directly incriminating evidence on Facebook — they just need a good lead.[5]


And if there’s one thing you can always count on from the two-timers, it’s carelessness, if not laziness.[4]

Here‘s an option: Be faithful. That‘s the point of getting married in the first place, isn‘t it?[4]

Posted here by
Terry Bankert
http://attorneybankert.com
Or
http://dumpmyspouse.com


Sources
[1]
http://beta.thehindu.com/sci-tech/internet/article445786.ece
[2]
http://www.foxnews.com/scitech/2010/06/02/survey-shows-facebook-driving-divorce-rate/
[3]
http://www.myfoxphilly.com/dpp/news/scitech/Facebook_Divorce_Lawyers_Survey_Infidelity_060110
[4]
http://www.cliffviewpilot.com/beyond/1324-more-cheaters-handing-their-spouses-evidence-on-facebook-other-social-media
[5]
http://abovethelaw.com/2010/06/divorce-lawyers-turn-facebook-into-a-case-winning-gold-mine/
[6]
http://dailycaller.com/2010/06/02/divorce-attorneys-catching-cheaters-on-facebook/
[7]
Hot Topics in entertainment Law: Gaming & Internet Law. Legal Issues in Social Networking by kazthryn L Ossian Miller, canfield Paddock and Stone PLC Detroit.05/20/2009
[8]
Fundamentals of Divorce Practice Procedures (09/10/09) by James Cunningham of Williams Williams , Rattner & Plunkett PC Birmingham.
[9]
Fundamentals of Divorce Practice Procedure 99-10-09)by James P. Cunningham of Williams Williams Rattner & pLunkett LC Birmingham.
[10]
The Legal Implications of Social Networking, Sharon Nelson, John Simek and Jason Foltin/. Regent university Law review 2009 22 Regent University Law Review.
[trb] Terry Bankert Attorney 1000 Beach St. Flint MI 810-235-1970
http://attorneybankert.com

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Al Gore and Tipper Gore poster children for late stage divorce or separation by Flint Divorce Lawyer Terry Bankert 810-235-1970

Divorce Court headed Al Gore and his soon to be divorced wife Tipper Gore will soon be in their jurisdictions family court. These late stage baby boomer divorces are on the rise. Flint divorce attorney Terry Bankert a leading expert in Genesee County Michigan comments on Boomers and late stage divorce. For questions or immediate help contact Divorce Lawyer Terry Bankert 235-1970.

From the united States census the following data is forun on the divorcing seniot population.[2]
Year …..percentage of all adult identified as divorced persons …65 or older listed as divorced.
1990.…..9%……………………………….....................................5%………………………….
1995.…..9.1%………………………………..................................5.7%………………………..
2000.…..9.3%………………………………..................................6.7%………………………..
2005.…..9.7%………………………………..................................7.9%………………………..

There was no salacious sex scandal, no prostitution ring, no mysterious trip to Argentina.
Al and Tipper Gore are a famous political couple, but their split after 40 years of marriage apparently stemmed from a much simpler, more mundane cause, according to friends: They simply grew apart.[3]

And in that, experts say, they're no different from many Americans. Such late-marriage splits are much more common than we think.[3]


One probable factor could be the extreme stress of handling the empty nest syndrome together with post-retirement blues. These people had solely concentrated on their respective jobs and on being good parents to their children. In this process, they had forgotten to enjoy the company of each other. When left together in their old age, neither liked to spend time with the other. [1]

The population of divorced people over 65 has exploded in the past 15 years, and elder-law attorneys suspect money is at least partly to blame.[2]
The idea that money might be a factor in divorce isn't news. But instead of fighting over their money, these attorneys say, older people who divorce might be trying to preserve it.[2]


Al Gore may have a divorce attorney while Tipper Gore has her own Divorce lawyer. The Gores do have other options if the lived in Michigan. They can and probably will choose a private process where their possibly “collaborative law” legal counsel will forge a divorce judgment before a case is filed.

They may privately mediate instead of publicly litigating. Terry Bankert is a Flint based family Law mediator.

Al Gore and Tipper gore also have an option of not divorcing but entering into a separate maintenance agreement where they remain married but lead separate lives with their portion of the marital estate.

It's significant that Al and Tipper Gore married in 1970, notes Stephanie Coontz, author of "Marriage, A History," and professor of family studies at Evergreen State College in Olympia, Wash. Marriages in the late '60s and '70s are marked by higher divorce rates than those of later years, she says. Why? Partly because people still married very young. (Tipper Gore was 21 and Al Gore 22 when they wed.)[4]
The two are now 61 and 62, with decades of health, seemingly, ahead of them. "The idea used to be that by our sixties, life was pretty much over anyway," says Coontz. "But today, people who reach 65 are likely to have another 20 years ahead. So it makes the calculus of living in an unhappy marriage even harder to take."[3]

The Gores' announcement
Break-ups among long-term married couples -- who have invested 30, 40 or more years into a relationship -- is an uncommon phenomenon compared to the skyrocketing divorce rates among naive newlyweds or parents overwhelmed with children, marriage experts say. But the number of long-term relationships headed toward separation -- like the Gores -- is becoming more frequent with longer life spans and a growing acceptability of divorce, they say.[5]
"Staying in exactly the right relationship to one another is a very hard thing to maintain every decade," said Pepper Schwartz, professor of sociology at the University of Washington. "People think you only get closer over time, but that's not necessarily true."[5]



These late stage baby boomer divorces are on the rise. Why? What are the effects on women and men of late stage divorce.

DO MEDICAL INSURANCE AND GOVERNMENTAL RULE PROMOTE ELDER DIVORCE?

One article talks about an Ohio divorce.

Christine Crawford of Aurora, Ohio, started divorce proceedings after her husband's care for dementia consumed more than $100,000 of their savings.[2]
Crawford said she didn't want to divorce her husband, with whom she'd raised three children, but it was the only way to preserve what was left of their life savings.[2]


Emotional Well-Being [1]

When older people get divorced, its effects are varied on men and women. Older men are often dependants. They are more prone to sickness and their spouse nurtures them back to health. After divorce they are badly affected. They not only miss having a partner, they also lose a responsible caregiver. [1]

Divorced women, however, fare better for they feel freer. Having spent lots of time and energy taking care of their husbands, their post-divorce phase is marked with higher energy levels and more leisure time. [1]

Family and Social Relationships [1]

It is a generally held concept that old and divorced people are unable to extend the required support to their adult children. But, this belief presents only one side of the picture. Majority of the older divorced women had been working. After divorce and retirement they gain more time which they spend with their children. Divorced women are more close to their children. [1]

Only men tend to isolate themselves in the post-divorce period. [1]

Financial Problems [1]

Older women, however, face a major handicap after divorce. They are plagued with financial problems. In the pre-divorce period much of their financial needs were met by their husband. Divorce changes the picture. [1]

Trapped by aid-program rules
To understand why Crawford , mentioned above, faced such a wrenching decision, you need to understand some background:
Medicare, the government insurance program for people 65 and over, doesn't cover long nursing-home stays. [4]
But Medicaid, the federal health program for the poor that does cover such care, generally requires people to exhaust their financialresources before they can qualify for help.[4]

Elders who face the potentially devastating cost of nursing home care frequently look for assistance with “Medicaid planning”—the process by which assets may be sheltered in order to qualify for Medicaid assistance. [6]
When a married person applies for nursing home based Medicaid assistance, the assets of both husband and wife are considered resources. [6]

This is true regardless of how the assets are titled and regardless of whether there is a valid ante nuptial agreement in place.[6]

Unless they are both in the nursing home (in which case they are each treated individually).[6]

Accordingly, a divorce can be one method of “Medicaid planning”—but rarely the best.[6]
Medicaid rules allow much greater asset protections for married persons than single persons.[6]

To qualify, a single person can only have $2,000 of countable assets.[6]

A married couple can keep up to $100,000 of countable assets.[6]

In addition, assets in excess of the so-called “protected spousal amount” can be sheltered through special spousal trusts, or by court orders.[6]

In addition, it may be possible to protect the combined income of the spouse’s for the needs of the non-nursing home spouse.[6]
Divorce as a Medicaid planning option.[6]

Clearly, the most common cases in which divorce is considered as a planning option are second marriage cases, and especially those of short duration.[6]

The critical issue in these cases, in deciding whether divorce or remaining married will provide the “best result” will often be the extent to which the representatives of the two family groups can trust one another. This is the case because the best methods for protecting assets of a spouse in the nursing home involves transferring assets to the non-nursing home spouse, or into a trust for the benefit of the non-nursing home spouse, and giving that non-nursing home spouse the ability to redirect where those assets will go upon his/her death.[6]

Where the nursing home spouse is under age 65, the additional option of a “Medicaid Payback Special Needs Trust” provides another planning tool that can alleviate some of these issues in some cases[6]

When one spouse gets sick, many married couples face the uncomfortable prospect of having to "spend down" most of their assets to qualify for medicaid,leaving little for the healthy spouse to live on. [2]


Women have consistently earned lesser than men and had many career breaks for child rearing. Quite frequently, they draw no pension after retirement. In the UK just 13% of the women qualify for the basic state pension compared to 92% of the men (The pension amount in itself is too small to survive solely on.). Divorce in this age compounds financial problems for the women. [1]

If this disparity in pension levels continues, future older and divorced women will also be facing plenty of financial problems. [1]

Other causes of divorces
There are doubtless other contributing factors to the rise in the number of divorced folks over 65:
Some of the increase could simply be fallout from the overall rise in divorces. The older a woman is when her marriage dissolves, the less likely she is to remarry. By age 65, women outnumber men, and the disproportion rises as we age.
Other financial factors can also discourage remarriage. A divorced person who receives social security based on an ex's work record could lose those benefits if he or she remarries. Affluent older people may be disinclined to marry if they're concerned about entangling their finances with another person's, or about the extra estate planning that would be necessary to ensure that their kids, rather than their potential new spouse or the spouse's kids, get any future inheritances.[2]
But many people, especially women, emerge from busy child-rearing years with time to re-evaluate their lives and their partners, said Barbara Waxman, an executive and life coach with San Francisco's Odyssey Group who has a master's degree in gerontology.[2]


Rising up to the Challenges Posed by Divorce [1]

Men and women cope differently with divorce. [1]

Work and Health Issues [1]

Women are healthier in the post-divorce period. Being the basic and primary caregivers all through their life, they know how to care well for themselves. They enjoy better health and live longer. [1]

Divorced men rarely know how to manage daily life. Generally, they are not as good as women at house work. They care neither for a notorious diet nor for the upkeep of cleanliness. Lack of nutritious diet coupled with the grief of divorce leaves them badly affected. [1]

Divorce and Loneliness [1]

Divorce leads older men to loneliness. Rather than forming fresh social contacts, they gravitate towards alcohol for relief. With deteriorating social life, substance abuse increases and soon damages their health. And this cycle of deterioration continues. [1]

Women are not lonely. In fact, their social life improves in the post-divorce period while it deteriorates for the men. [1]

Loneliness and Depression [1]

The loneliness these men experience is severe and leads them to depression. Studies indicate that the life span of men who are divorced in their late 50s is reduced by a decade. Divorce affects them so badly. Older divorced men are more prone to an early death compared to widowers. [1]

Aged and divorced women form support groups and help one another. This comradeship is lacking in men. Men rarely venture out and mix with other people. [1]

These differences in circumstances are partly responsible for older women turning divorce initiators. Men rarely initiate these proceedings in their old age. Women cope better with divorce, care for themselves well and are comparatively healthy. The only problem they face is in the financial realm. In other words, divorce in old age affects the emotional well-being of men and the financial well-being of women. [1]



Elder-law attorneys suspect that's among the reasons the proportion of people over 65 who list their marital status as "divorced" has risen nearly 60% since 1990, compared with an 8% rise in the proportion of divorced adults overall.[2]
The attorneys fear the trend may accelerate in coming years, at least in some states, because of changes in Medicaid laws that make it tougher to qualify.[2]


Other issues divorcing late stage baby boomers may have are ;Spousal support, Grandparents rights,
Guardianship, Minor children, Child custody, Child support, pension division, asset division, debt division and health care.

Posted here by baby Boomer attorney
Terry Bankert 1-810-235-1970
http://attorneybankert.com
Or http://dumpmyspouse.com

See:
[1]
http://www.articlecity.com/articles/relationships/article_1426.shtml
[2]
http://articles.moneycentral.msn.com/CollegeAndFamily/CaringForParents/ShouldGrandmaDivorceGrandpa.aspx
[3]
http://www.google.com/hostednews/ap/article/ALeqM5iPr5gSYc1Y_p9rJG0wkYWKADz_AQD9G3C1C82

[4]
http://www.sandiegoreader.com/news/2010/jun/02/cover/
[5]
http://www.cnn.com/2010/LIVING/06/02/al.gore.separation.40years.marriage/?hpt=Sbin
[6]
ICLE 5th Annual family Law Institute seminar “ When Senior Citizens seek Divorce” by Douglas G Chalgian, East Lansing MI 11/16/06 Presented

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