DAVID PISARRA | When Your Marriage Ends, Do This…
Episode Stats
Length
1 hour and 12 minutes
Words per Minute
176.46977
Summary
David Pissara has made it his life s work to help men navigate what is likely the most difficult part of his life post-divorce. He s spent the last 20 years helping men navigate the rough waters of divorce and custody battles, and he knows firsthand how to overcome the overwhelm that the system can feel like.
Transcript
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If you've ever heard the dreaded words, I love you, but I am not in love with you, or
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more bluntly, I want a divorce, you know what follows is a mental and emotional roller coaster
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But what you probably don't know is what to do if that day comes and what your rights
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might be when it comes to protecting yourself, your money, and your relationship with your
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My guest today, attorney David Basara, has made it his life's work to help men navigate
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what is likely the most difficult part of his life post-divorce.
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Today we talk about how to avoid conflict during these times while simultaneously protecting
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your rights, the emotional manipulation many men face and how to confront it, whether or
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not the family court system is biased and what to expect when dealing with the courts, also
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what indicators to be on the lookout for you to recognize if a divorce is pending, and
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You're a man of action, you live life to the fullest, embrace your fears, and boldly
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When life knocks you down, you get back up one more time, every time.
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You are not easily deterred or defeated, rugged, resilient, strong.
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This is your life, this is who you are, this is who you will become.
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At the end of the day, and after all is said and done, you can call yourself a man.
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Gentlemen, welcome to the Order of Man podcast.
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I have a lot to talk with you about today, and this is a very important conversation,
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All right, because I have so much to talk with you about, I want to jump into it.
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I think some of the things you're going to agree with, and some of the things you may
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And one of my goals is to have really good conversations, but like any conversation,
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And maybe you agree with me or him or somewhere in between or neither.
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He's spent the last 20 years helping men navigate these rough waters of divorce and custody battles.
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And he knows firsthand how to overcome the overwhelm that the system can feel like.
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And he's made it his mission to give men the tools and confidence that they need to stand
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up for themselves and protect their rights and fight for their kids also.
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But on top of running his law practice, he's written multiple books.
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He's spoken to audiences across the country, and he brings his legal know-how and a lot
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of real-world perspective as he's seen over the two decades of running this practice to
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those who feel like maybe the odds are stacked against him.
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So whether it's in the courtroom or on the pages of his books or behind the mic with his
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own podcast, Dad's Law School, David is committed to being a voice for men when they need it
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We tried to make this work earlier in the week, but having technical difficulties.
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I'm really looking forward to chatting with you.
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Yeah, I think that the topic of divorce and family law and specifically as it relates to
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dads because of the movement that we have here, I've talked with so many men who feel like
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they either don't know their rights, and that's probably a bit of ignorance when it comes
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to divorce and custody and alimony and child support, or it seems like in a lot of cases
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Would you say there's a percentage of one or the other?
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What does that look like from your perspective as an attorney?
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I think a lot of men don't have any idea what they're getting themselves into when they
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So they don't actually know what their rights are.
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They pretty much are under the impression like their job is show up reasonably sober,
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And that's generally not enough because women tend to go into these relationships with a
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much greater understanding of what marriage actually means for them.
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They have a real deeper, thorough conversation with each other about this.
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So I think most men don't know what they're doing when they're going into marriage is one
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And the other part of it is, is I certainly see a large number of my clients get to the
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point where they're just emotionally burned out.
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And it's like, that is why women do so much better in divorce courts than men.
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They handle the emotional discomfort of conflict so much better than men do.
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And that's one of the reasons why I'm trying to educate more men on A, what your rights
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are, and B, provide a community for them to actually get the support they need to go through
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Which, as you know, you've, I'm sure, dealt with more than enough men who are in the middle
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They're going from, I don't care, I'm done, to devastated, depressed.
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It's interesting that you said that women tend to handle, in your experience, the emotional,
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Does that, does it have to do with women generally having a greater support system or men being
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It's the, it's the women talking to each other about what's going on in their life.
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And they don't talk to each other about this stuff.
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Because the truth of the matter is, men can't talk to women about this stuff.
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It changes their perception of who you are as a man.
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And men can and should talk to other men about this stuff.
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Because in my experience of what I've seen over 27 years, is that when a man opens up to
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another man about what's really going on, he's not met with belittling, demeaning, badgering.
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He's met with compassion, understanding, and care.
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And the reality is that when more men open up about this stuff, more men will be able to
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Well, and, and part of the reason in my experience that's the case is because when a man decides
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that he's going to go first and share what's on his mind or share a difficult, challenging
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circumstance, like navigating a divorce, in a way, it gives other men in his circle permission
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That when I open up about the struggles I have, other guys are just more comfortable
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And the truth of the matter is, you know, if you've watched Brene Brown and seen her TED
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talks, we all know that vulnerability is the way to connection.
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The same way that courage is not being fearless, courage, you actually have to have fear because
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you have to actually act in spite of the fear to be courageous.
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Because if it's a fearless act, what's the courage in that?
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The same thing with being open and honest and a leader.
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The ones who are able to make an emotional connection and spur action as a result of that.
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So when a man opens up and becomes more vulnerable with the men in his life, he's actually acting
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as a leader and he's allowing them space to now share what's going on with them.
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I'm glad you threw that extra little thing in there because I know you listen to the podcast
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And enough guys have been around long enough that they know I, I cringe a little bit when
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I hear the word vulnerability because I think most people think that vulnerability isn't the end
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And what you just said is not only is it a way to connection, I agree with that, but a way to spur action.
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And I think that's the conversation that most people leave out.
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And they believe that, oh, if I just share my feelings, then people are going to be connected
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I think more healthy is, hey, here's what's going on.
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I'm going to implement those things and I'm going to be better because I'm willing to
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share where I might be struggling, not just because I'm struggling alone.
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It's sort of the difference between like spinning your wheels in the mud or throwing in some
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rocks in there so you can actually get a grip and then take action.
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And that, and the rocks in this scenario are feedback from other men about I've been through
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Here's how I see you being able to act and move forward.
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And you can only get that if somebody's actually opened up and been vulnerable.
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The biggest mistake that I have seen in my practice is when people withhold information
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I have been in court and a guy has not told me about one of his, let's say, bad behaviors.
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And that's what's going to, she knows about it and it's going to come out in the middle
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If I know about bad things beforehand, I can get out in front of it.
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And then I'm being honest and open and vulnerable to the judge.
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If you're holding all of your information to yourself, you're not able to deal with it
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Yeah, that's a, that's a really good way to look at it.
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I do want to go back to something you said, maybe we can start from the beginning.
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You said that women generally have a better idea of what they're getting themselves into
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And men are less likely to understand the ramifications, a lot of ignorance.
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This isn't something that men plan for the same way women do when they're little girls
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It's not a, it's not a thought that we have like women do for potentially decades.
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So what is it that a man needs to know when he's getting into essentially a contract, if
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we're talking about a marriage that he needs to be aware of as he moves into this.
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And then we'll work through that and talk about what he needs to know on the tail end
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And you are now tied to that person financially, emotionally, spiritually.
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And if you don't understand the economic impact of that, it's going to come back and bite
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Most men think, oh, I'm just going to be a good provider.
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And we'll spend our latter years on a front porch in rocking chairs, remembering all the
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They're sizing you up like a lion sizes up a gazelle on the plane.
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They're analyzing, what's your earning capacity?
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We're going to renegotiate who his social life is.
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They're looking at this from a very different perspective because they understand.
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As soon as that marketability is taken off the market, they're now damaged goods.
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So they have to sell for the highest amount on the open market.
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They have to find the best man possible that they can catch.
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They're very aware of what your earning capacity is going to be because that's going to directly
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Men barely these days even think like, does she have any marriage skills?
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I mean, I know that that's like a very patriarchal 1950s question to be asking.
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I have families who spend way too much money on Uber Eats eating out because nobody knows
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Well, if you have a family, you've got to have the basic economics of a household down.
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Well, if you have a marriage and you've been paying for everything through Uber Eats and
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door dashing and going to restaurants, when you get into a divorce situation, that's going
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What's the lifestyle you guys have been living?
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Because that's going to impact your child support and your alimony.
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All of those are things women are taking into consideration that men don't.
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And it's something that men need to be more aware of.
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And everybody likes to say, oh, you should get a prenuptial and protect yourself.
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You're signing up when you get married to use the family code as your prenuptial agreement
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And that's not a very good code for men because it says half of what you own is hers, half of
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And men need to be aware of what they're actually signing up for.
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And one of the things that I found to be interesting is that this family code that you're talking
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about, where men will give up half of the wealth that they've amassed together.
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But the issue that I take is that what does the man get out of the relationship?
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What's the 50% of the relationship that he gets from his ex-wife?
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So the man's expected to give up this, but I don't feel like in a lot of cases he's going
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to get anything in exchange for the 50% of their wealth they have to give up.
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And the argument would be that what he's getting is the continued parenting and raising of his
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children through child support, through her availability to be there for daycare and
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shelling the kids to school and continue to do that, that you're essentially buying an
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That's certainly fair in some ways, but it's also not very fair because there's no
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expectation that she's going to actually go out, change her lifestyle, get a job, and
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Because if women want equality, equality also means you need to go out and get a job and
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you need to contribute equally or to the best of your ability to those children also.
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I mean, isn't that built into the equation, into the factor?
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So for example, correct me if I'm wrong, and I know state law is different based on whatever
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state you might be in, but the way that I understand it is that even if there's a woman
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who, let's say for the past 20 years has been a stay-at-home mom and a homemaker, in the
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case of divorce, a court will take into consideration that she does have earning potential, and
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that will be factored into calculations for, in this case, spousal support.
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But the question is also, what kind of efforts is she really doing to become self-supporting?
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Because after a 20-year marriage, okay, your kids are most likely no longer toddlers.
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They no longer need to have you around eight hours a day or 12 hours a day.
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Go get a part-time job that leads to a full-time job.
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What are you doing to apply for a college degree?
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What are you doing to improve yourself so that at some point in the future, you are actually
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A lot of men make the mistake of not encouraging their wives during the marriage to have a job,
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to better themselves, to build a business for themselves.
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And then on the tail end of a divorce, they're going, why is it that I'm the one that has
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Well, you built a stay-at-home mom, and you didn't turn her into a stay-at-home mom who's
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And that's the mistake many men make because they think, well, I'm going to be fair, and
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then she'll treat me fair, and that's not the reality.
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I want to go back to this idea of hypergamy, which is what you were sharing earlier, the
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idea that women are looking to marry up or at least marry for potential when it comes
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I can't imagine that there's too many people who, if they look at it objectively, would debate
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I think the issue comes down to, it feels cold.
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And I'm sure you're familiar with Orion Terriban.
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I had him on the podcast not too long ago, and he has a book called The Value of Others.
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Oh, it's interesting because some of the conversations that you shared echo a lot of the same sentiments.
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But he talks about what he calls the sexual marketplace.
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And the sexual marketplace is where these transactions take place.
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So, for example, a woman might be interested in financial acumen because that's how she
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So, if that's the case, I want to ask you, what is a man looking for in a woman?
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Because if a woman is interested in hypergamy, it's safe to assume that men are also looking
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And if they're not, my next question is, what should they be looking for in order to
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ensure that there is an exchange of value, to put it coldly, in the marriage?
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So, I think most men don't actually plot and plan their partnering.
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I think a lot of times they just go straight off pure hormones of, she's attractive, got
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a nice body, got a nice smile, treats me nice, this is good enough.
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And they don't actually do the next phase of what they should be looking for of, what's
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Because that's going to get replicated in our marriage.
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If a woman doesn't have long-term friendships, there's a problem.
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If she can't say, I've known somebody since high school, you're probably running into someone
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They don't know how to make long-term connections.
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I learned that lesson a long time ago by a bad business deal.
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And it's one of the tools I use to judge people.
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I evaluate someone by, who is your longest friendship?
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Because that tells me your ability to maintain a long-term relationship.
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My longest friendship, we go all the way back to diapers.
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We met second day of law school and have been friends and partners essentially since then.
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Trust me, 32 years with somebody has not always been in bed of roses.
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There's moments where I'm like, I'm ready to just jettison this guy.
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And men need to do that when they're looking for marriage.
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When they're looking for someone to build a partnership with.
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Because marriage is not about that first two years of honeymoon.
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That's going to fade really quickly if you're looking for a long-term relationship.
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The two years of screwing like rabbits and everything's wonderful and it's also just delicious.
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You introduce children to that and bills and home repairs and day-to-day life.
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All of a sudden, you've got to be able to house somebody who's much more stable.
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You better be evaluating somebody for the long term if you're going to be getting married.
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And if they did, I think we'd have less catastrophe and maybe you'd have less work.
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I am curious though as we move into a marriage.
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Because a lot of the guys that I work with and that listen to this podcast, they're already married.
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For better or worse, they've made their decision.
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And now, with your experience, even if it's just anecdotally, are there some things that you see happening between husband and wife that are predictors of leading to divorce or predictors of staying faithful and loyal and committed to each other?
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Biggest predictor of divorce is do you guys have the same last name?
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Second biggest predictor is how do you handle money?
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Couples where she has her own last name, she's already halfway out of the relationship.
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That oldest friend of mine, he didn't like his last name.
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They went and found a different last name for both of them to change to.
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But to me, that's an element of commitment to the relationship of we're building something for the long term.
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Money is a big issue because most of the time, that's where people fight over.
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There's a conflict about how money is being handled.
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The other big one, and this is one where I think many, many, many men make a huge mistake.
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All of a sudden, he's no longer seeing his best friend from high school.
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All of a sudden, his best buddy from work, I'm too busy.
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She's making comments about, I don't like that guy.
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And she's isolating you from your friends in your network.
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And then all you're doing is socializing only with her friends because she's the one driving the social calendar.
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And the reason why that's a problem is because she's now leading in the relationship and you're not.
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And then that's going to bleed into the relationship.
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And you're not actually bringing anything new to the relationship because you have no new experiences without her.
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You have to have independent fun and friends in order to keep your primary relationship active and alive.
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I'm not saying exclusively, but you need to have some fresh blood that's coming into the relationship.
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I imagine that that's a big factor in you going away for, I'm assuming, a weekend or a week of hunting.
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You've got new experiences to share with whoever your partner is.
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You're bringing new energy to the relationship.
00:26:05.740
But if you spend your entire relationship with somebody and they're with you for all of those same moments, what are you guys talking about?
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I was just going to say it's such an interesting point that – and it's a bit ironic.
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I used to play pickup basketball every Tuesday night, and we had a group of us, a group of guys.
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They had a basketball court inside the church, and we'd go play basketball on Tuesday nights.
00:26:40.860
And there were a couple of friends who, without fail, we'd call them.
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They'd say, oh, I need to check with my wife first.
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And look, I understand coordinating with your wife.
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I think you should coordinate things with your wife.
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But you don't need to check with her as to whether or not you can go play basketball with your friends.
00:27:04.600
Hey, babe, Tuesday nights are for me and the boys.
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And then that evening, I'm going to go play basketball unless it conflicts with something.
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So I've seen where women dictate that, but I've also seen men do it to themselves.
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They'll say things like, I'd love to go hunting, but I have to work on this project around the house.
00:27:31.340
Or I'd love to play basketball, but my wife really needs me here because fill in the blank.
00:27:39.060
But it's ironic because if you don't do it, to your point, it is, and this is what's crazy when women do this,
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is because it's going to blow up the relationship if she does not encourage him to go out and do his own things in his own way,
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You guys can come back together, but you both need things to do on your own.
00:28:08.900
I'm going to sacrifice my friendship because I've got to paint the garage.
00:28:11.720
I've got to sacrifice playing basketball tonight because I've got to do something around the house.
00:28:20.260
If something is that important and it's a real crisis, call a plumber.
00:28:28.180
Because if it's just a general, like, oh, I've got to paint the garage, let it wait until Sunday.
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Find a way to outsource it and put the priority on what makes you a really active and engaged partner.
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Because that's what's going to be important for you in the long run.
00:28:47.560
I'm going to step away from the conversation just briefly.
00:28:50.200
I want to share something with you that ties into what we're talking about today.
00:28:53.940
Divorce, as you might know, is often painted as the end of everything.
00:28:58.300
The death of the dreams that you had, the death of a love life, stability probably,
00:29:07.940
I really challenged the belief that life stops when your marriage ends.
00:29:13.640
Instead, we're going to teach you how to rise from the ashes of heartbreak with clarity,
00:29:23.800
It's the beginning of a new chapter where you reclaim your identity
00:29:29.160
and you design and build a future that you can be proud of.
00:29:36.960
It's about rediscovering who you are when that title of husband is stripped away.
00:29:44.020
And I and our instructors, we draw from very real world experience,
00:29:51.660
and guide you and other men who are going through divorce through pain
00:29:55.540
and make that into power through grief, turn that into growth.
00:29:58.860
It's a roadmap, proof that when what feels like devastation
00:30:03.860
can actually be a catalyst for the greatest transformation in your life,
00:30:13.680
But right now, I need you to drop your email in
00:30:15.420
so I can send you an email when we open up next week.
00:30:19.000
Go to divorcenotdeath.com, divorcenotdeath.com.
00:30:24.540
I think before I interrupted you there a minute ago,
00:30:30.200
So you gave me three predictors of what's going to help a marriage,
00:30:34.980
but it seems like you had more to say before I jumped in with that thought.
00:30:43.280
because I think that one of the big things for couples is
00:30:46.960
to remember that you should be looking for the long term.
00:30:57.400
There's times where you have to actually slog through things.
00:31:01.080
And that's one of the problems I see today with a lot of women
00:31:07.820
and they're willing to sacrifice the unity of their family for it,
00:31:11.480
whereas men are willing to sacrifice their happiness
00:31:17.040
And I think that there's lessons to be learned from both of them.
00:31:26.760
I know that would not play well with a mostly female audience,
00:31:31.660
And I think men need to be a little bit more selfish.
00:31:35.040
There needs to be more balance in a relationship
00:31:37.300
because otherwise you're going to end up in divorce court
00:31:45.960
Yeah, and I think it is, to your point earlier,
00:31:49.260
about finding the type of woman who has the type of dreams that you do,
00:32:02.720
I mean, clearly not every woman is like that, obviously,
00:32:06.840
but I do imagine that with the way that cultural conditioning has existed
00:32:13.900
and evolved over the past 50 to 60 years that you see more and more of that.
00:32:18.360
You see women who are not, women and men, not getting married as early.
00:32:22.720
You see plenty of women who are not interested in having children
00:32:28.040
And then at the end of that career, that career winds down
00:32:31.740
or they're at the end of their good years for having children,
00:32:41.020
they've been conditioned to believe that pursuing their own happiness
00:32:47.460
And we see it time and time again where so many women are upset
00:32:59.020
the way that they are biologically designed to do.
00:33:02.940
And there's two people that are two entities that I blame for that.
00:33:24.880
Like the Virginia Slims out of the 70s and 80s was nice,
00:33:29.920
And on the other end of the spectrum, I blame Disney.
00:33:35.720
that you're a princess and you're going to go find a prince
00:33:53.700
And if you're going to build a partnership with somebody,
00:33:57.420
And you have to find somebody who's in it for the long haul,
00:34:04.560
It's really interesting that you would bring up Disney.
00:34:07.160
My girlfriend and I were just talking about this
00:34:21.700
They don't have everything that you could possibly want.
00:34:34.300
especially with dating apps and things like that.
00:34:43.000
because they had a few things that you didn't like
00:34:45.960
because you assumed, to your point about Disney,
00:34:50.820
and one day you're going to live happily ever after
00:34:53.160
and it's going to be exactly perfect all the time
00:35:11.800
where everybody is like looking for perfection all the time.
00:35:37.520
And you're talking about like 1% of the population.
00:36:08.580
She would never date him because he's too short.
00:36:11.320
Now, the fact that he's highly successful as a lawyer,
00:36:18.100
perfect personality to like have a long-term relationship with,
00:36:23.180
Okay, well, you're the one who's going to be unhappy and alone
00:36:30.100
Well, I mean, to be fair, men have our preferences too, right?
00:36:33.700
I wouldn't date a woman who's 100 pounds overweight,
00:36:37.060
even if she was a great mother or had, you know,
00:36:40.900
nurturing instincts and was a great supporter and encourager of me, right?
00:36:49.380
And I'm going to stop you because there's one major difference.
00:37:01.860
There's nothing he can do to change his height.
00:37:06.840
are you judging someone based off of fair criteria?
00:37:16.480
not necessarily a fair thing to judge somebody on.
00:37:20.500
Something they can control tells you who they are as a person.
00:37:24.400
I think it's fair to make all sorts of assessments
00:37:27.080
on who you would like to date and who you wouldn't,
00:37:30.880
Maybe one guy doesn't like brunettes and he only dates blondes
00:37:35.960
because that's his preference or eye color or body type or, you know, name it.
00:37:45.640
And what I would say is that for a guy that's, you know, 5'5",
00:37:48.540
like you're talking about, it's the hand we were dealt, you know?
00:37:57.120
it becomes an issue because I've seen so many guys get bitter
00:38:00.660
and resentful over it and then they end up shooting themselves in the foot
00:38:05.780
or losing confidence or not giving them an opportunity
00:38:13.220
Certainly, I mean, I'm a gay man in Los Angeles.
00:38:17.100
and I can be as picky as everybody else when I want to be.
00:38:19.920
But the reality is that I think there's things that you have to actually judge people on
00:38:25.480
that are valid and are going to have long-term value in a relationship
00:38:28.880
and things that are superficial and that can change.
00:38:32.240
My friend Anne, this month she's a strawberry brunette.
00:38:36.580
Next month she could be a very dark-haired person
00:38:41.820
and the month after that she may shave her head just because it's hot.
00:38:44.860
Judging somebody based on something like that's very changeable like hair color,
00:38:51.300
I think you might want to dig a little deeper on.
00:38:54.740
I think where we might land in some agreement is that there's indexing, right?
00:39:01.880
And so we all index certain things more valuable than others.
00:39:05.580
And I agree with what you're saying that if a man has the ability to be a great provider,
00:39:12.140
maybe he's loyal, maybe he's knowledgeable, he's intelligent,
00:39:16.320
maybe he's kind and empathetic, whatever, pick your virtue.
00:39:26.040
I just am careful of getting into the debate about not villainizing necessarily,
00:39:33.520
but making it seem as if people are immoral if they have personal preferences in the way people look.
00:39:45.500
I think everybody has preferences and that's entirely legitimate.
00:39:53.240
I think it's very much a are you going to use that as an excuse for why you can't get what you want issue.
00:40:04.860
You're making your bed and then complaining about it.
00:40:18.680
So if you're making decisions and it's not working out for you and you know that you're making poor decisions,
00:40:26.160
at some point you relinquish your right to complain about the situation you're in because you made the decisions that got you to the position you're in.
00:40:37.120
I want to pivot into the dreaded moment when there's, you know, you hear the words, I'm not in love with you anymore or I want a divorce or a separation.
00:40:48.980
I'm assuming based on what I've seen that women initiate divorce at a significantly higher rate than when men do.
00:40:59.260
When a man hears those words or faces and confronts that situation, what is his game plan?
00:41:05.520
What is his first course of action and what should he be thinking about as he potentially is moving through these divorce proceedings now?
00:41:13.020
So as I said earlier, women pursue their own happiness at the expense of their family, which is why 70, 80% of divorces are filed by women.
00:41:30.100
So what they do is they plan and plot and prepare their divorce.
00:41:36.520
Now, they've been ready for this divorce from the time they were dating you.
00:41:44.360
And so now what's happened is over the last two years generally, they've met with two to four different lawyers to educate themselves about what they can expect in a divorce and how to prepare for that, how to make sure that their credit card bills are paid down so that any family debt falls on him.
00:42:03.580
Now, she may be financially responsible for it in the divorce.
00:42:07.560
She may have to, in theory, pay back half of that.
00:42:10.200
But the reality is she's coming into a divorce with zero credit debt, and that's going to impact her ability to go either refinance a home, get a new apartment, puts her in a better financial position.
00:42:22.900
She's going to have thought about how do I want to position myself work-wise, either do I want to not take a promotion so I have a lower income, or do I want to not work at all so that he has to continue to support me once we're post-divorce.
00:42:39.100
So when she's actually made that decision, she's plotted it out, everything's been prepared, he's going to get blindsided.
00:42:46.860
Now, he can get blindsided softly, and by that I mean I want a divorce, you need to move out, and that's what happens.
00:42:55.720
Or he can get blindsided with a two-by-four, and that's the domestic violence restraining order.
00:43:02.680
That is, you're abusive, you're harassing me, I can't take this anymore, go to court, get a restraining order, kick you out of your house, take your kids, get primary custody of the house, get sole custody of the children, take all the money.
00:43:19.320
You're now living in your truck as a man, and you're figuring, what did I do wrong?
00:43:25.100
And the comment I hear all the time is, I never hit her, I don't know why this is happening.
00:43:31.680
It's happening because it's a strategy move, and it's happening because in today's environment, we're not looking at physical violence as the definition necessary for domestic violence restraining order.
00:43:46.200
But you're at the point now where it's domestic abuse.
00:43:50.160
And I'm going to say something here that most people are going to be like, I can't believe you said that.
00:44:05.780
In general, women tend to use their words, and they break men's spirits.
00:44:42.140
If you and I are in a fight, Ryan, you're bigger than me, you're going to break my arm, break a couple ribs.
00:44:49.620
Six, eight, ten weeks down the road, my arm, my ribs, they're going to have healed.
00:44:56.360
But you destroy my spirit, you break my ego, you take my self-esteem from me, I may never recover from that.
00:45:08.380
Well, I need to jump in on this one because I don't agree with that.
00:45:12.820
I don't agree that violence towards another person is temporary, especially if it's somebody that you trust, that trusts you.
00:45:21.680
That violence, if you hit a woman, for example, and she's under your care as your wife, that has long-term emotional and psychological damage associated with it.
00:45:35.740
So I want to be really clear that I don't believe that being violent towards your wife is just a temporary thing.
00:45:43.800
Like her bruise will heal or her arm will heal itself.
00:45:48.140
Yes, sure, but also there are long-term psychological ramifications.
00:45:55.140
So I don't think that's a really fair representation of what that is.
00:46:03.100
Okay, I agree with you that there are definitely psychological damages on top of the physical.
00:46:08.940
But when we're talking about this in the sphere of law and society, we don't even address female abuse on men.
00:46:23.840
All we ever want to talk about is the physical violence.
00:46:32.180
But let's talk, if you want to then say there's psychological damage, then let's talk about psychological damage on both ends.
00:46:37.460
And the reason why that's important is because in the world of family law, these domestic violence restraining orders are destroying families.
00:46:49.080
They're destroying dads' and their children's relationships.
00:46:53.640
They're making men suicidal at an incredible rate.
00:46:58.360
They're destroying them financially, emotionally, and frequently these are guys who are ready to just check out because they've been so financially destroyed.
00:47:10.980
They don't know why they did what they did wrong.
00:47:15.040
They don't understand how they got in this position.
00:47:16.980
And it's just a very summary decision made by a judge on literally whatever somebody wants to write in a declaration because the level of proof is preponderance of evidence.
00:47:37.740
So I go into court and I say, Your Honor, I need a protection order from Ryan.
00:47:51.200
How does the court, though, decipher between legit – look, and there's legitimate claims, right?
00:47:57.080
There's – on both sides, I think you can say that.
00:47:59.920
There's legitimacy to some of these allegations.
00:48:03.920
So – and there's ones that aren't legitimate.
00:48:10.380
And I even think to go back to the violence conversation, a court ought to take in the psychological turmoil on both sides, but especially with regards to violence, it's got to be a scary thing to live with an individual who you're afraid of, that they might hurt you or your children.
00:48:30.780
And it might just be threat of violence, let alone not violence in and of itself.
00:48:34.940
So how does the court actually weigh this and decipher between what is legitimate and what is not?
00:48:48.460
You've got judges who are looking at the situation, and they have the decision to make.
00:48:54.220
And remember, this is all done in the light of the O.J. Simpson murder of Nicole Brown Simpson.
00:49:10.440
And what that actually did for judges was tell them, you need to cover your butt.
00:49:16.800
You need to protect the victim, the alleged victim, at all times.
00:49:21.300
And so when a person goes into court and says, I'm the victim, if you're the judge, what are you going to do?
00:49:27.940
Are you going to really spend a whole lot of time trying to delve into figuring out, like, is it really that?
00:49:42.620
Whether she is or isn't, do I want to be the one who maybe it's real, and I didn't issue the restraining order, and then something actually happened?
00:49:51.560
Do I want that on my record, let alone my conscience, just my record?
00:49:59.540
And so as a consequence, when you've got an incredibly low standard of proof necessary, and you've got an environment where judges are concerned about their own reputation,
00:50:08.400
it's very easy for someone to go into court and just get one of these restraining orders that destroys people.
00:50:20.000
I had two conversations last week with two different guys, back-to-back days.
00:50:26.220
Both men are being extremely abused by their spouses.
00:50:33.740
Both of them are demonstrating profound PTSD in my presence.
00:50:39.640
I'm seeing exactly how much PTSD they are suffering from the relationship, not from war, not from ex-military.
00:50:50.280
And I'm telling them, you need to go into court.
00:50:55.180
We have enough information, which I rarely say to men because it's a higher standard in reality.
00:51:14.140
And it's, again, he is sacrificing himself for the happiness of his family.
00:51:19.820
And it's going to bite him in the butt because, guaranteed, both of these guys are going to get hit with the restraining order.
00:51:29.960
They're going to lose access to their tools, their truck, their personal belongings.
00:51:33.860
They're going to call me up in absolute terror.
00:51:38.860
They're going to say, I can't believe she's doing this.
00:51:42.760
And I'm going to have to tell them there's nothing I can do.
00:51:56.320
This is the world we're living in and that men are faced with.
00:52:02.040
You said you're not suggesting that everybody do that.
00:52:05.600
But I am suggesting it for the men who are in that situation.
00:52:12.280
And if I don't say that to men and get this message out there, more men are going to get
00:52:22.400
And then they're going to be like, the system is against me.
00:52:27.980
You didn't take the shot when you had the opportunity.
00:52:30.640
And now you're wondering why you lost the game.
00:52:34.240
Well, if you're playing hockey and you don't shoot at the goal and the other team does,
00:52:43.080
If you've got the cards to play, you need to play them.
00:52:48.700
Because I imagine those cases like, maybe I'm wrong, but I imagine those cases are the
00:52:55.860
You know, I imagine, you correct me if I'm wrong, that most of it is relatively civil.
00:53:07.820
We got to figure out both parties are going to be advocating in their own best interest.
00:53:11.400
Of course, that doesn't mean it's not amicable or civil.
00:53:16.180
But what would you suggest as best practices if a man is in one of those situations where
00:53:23.800
He's not dealing with a potential domestic order.
00:53:28.280
And it's something that I think would be more common.
00:53:32.600
So when I'm talking about those cases, that's the end of the spectrum, the 10 to 15 percent
00:53:39.600
top end of the divorce cases, high conflict, lots of problems.
00:53:43.840
The vast bulk of family law, 70, 80 percent, people come to an agreement.
00:53:50.680
They write up an agreement, go to a lawyer, get it tightened up, submit it to a judge.
00:53:56.580
Maybe they're in court one time, possibly twice, and never go back.
00:54:03.320
Then there's this other conflict part where people are in these higher conflict situations.
00:54:10.880
And those are the ones where they absolutely need to be getting a consultation and they
00:54:17.360
And if a man is told, here's what you need to do, listen to the person who's telling you.
00:54:23.400
Because I guarantee you, the woman that you were divorcing has met with two or three or
00:54:31.960
And if you're in that situation, you need to protect yourself.
00:54:36.320
You wouldn't go into a war zone and not wear a bulletproof vest.
00:54:43.200
And part of that protection is understanding there's times where you have to be the aggressor
00:54:47.880
and you have to recognize that the woman you married is not the woman you're divorcing.
00:54:58.900
And you can no longer treat that relationship and that woman the way that you did because
00:55:06.020
I've once heard somebody say that once it comes to the point of divorce, it's no longer
00:55:17.300
And I think if you look at it like that, at least from where I sit, you're going to make
00:55:26.300
You're going to advocate for yourself more strongly.
00:55:33.160
Should everybody hire an attorney when faced with this, number one?
00:55:37.280
And number two is the question I'm often asked is, should the man leave his house?
00:55:51.700
So the first part, the first question is, should a man hire a lawyer?
00:55:56.720
There's a lot of room there because are you hiring me for a one-time consultation to be
00:56:02.280
What am I looking at for alimony, child support?
00:56:06.640
Or are you looking to hire me to be your standard bearer?
00:56:13.640
And I think that at a minimum, every man should at least go have a paid consultation with a
00:56:19.320
lawyer to get solid advice about what's really going on.
00:56:28.360
If you're getting a bunch of free advice on the phone for 20 minutes, you're not giving
00:56:33.740
them the full picture, you're not going to get good advice.
00:56:36.440
You need to go spend some time with somebody and actually see eye to eye.
00:56:43.800
Now, to your second question, should a man stay or go?
00:56:51.120
Completely depends on what's the level of acrimony, what's the level of strategizing that she's
00:56:57.480
Because the longer you stay there, the more likely it is you're going to get hit with
00:57:00.680
the domestic violence restraining order, which then gives her sole legal custody, sole
00:57:08.280
Now you're at a disadvantage because you haven't had the opportunity to take your belongings
00:57:17.100
You really have to look at what are the players here and what's my real end game going to be?
00:57:26.360
If you're not doing analysis of the opposition, if you're not researching what are their best
00:57:31.820
game plans, you're probably going to be at a disadvantage.
00:57:34.640
Well, David, I know you have some additional resources because there is so much confusion
00:57:42.440
And not only that, you know, I've gone through a divorce and my divorce was fairly amicable
00:57:47.980
and we came to our agreements and that was that, you know, we have the occasional misunderstanding
00:57:54.340
But fortunately, it's never been too contentious, overly contentious.
00:57:59.780
But I know a lot of guys are dealing with that and I want them to have the resources
00:58:07.900
I've likened it to going to play against another team in football.
00:58:11.800
You always study the game film before you go into that game because you want to know
00:58:17.840
So you've got some great resources that I want to make sure you have the chance to share
00:58:21.020
because more men need to hear about this stuff.
00:58:24.680
I'm sorry you had to go through your divorce, but I'm glad you guys did it as amicably as
00:58:32.420
I've got my new book is Dad's Child Custody Action Plan.
00:58:36.000
It's designed for dads who are being forced to go to court to get more time with their
00:58:42.540
It's available at our website, dadslawschool.com.
00:58:46.260
And at dadslawschool.com, we have an online video course series that teaches dads what to
00:58:52.480
say to the judge to get more time with your kids.
00:58:55.460
Because most men go into court and say, I'm a great dad.
00:59:00.960
And you haven't told the judge anything about who you are as a person.
00:59:10.900
He doesn't know their school, their best friend.
00:59:14.120
And a judge has to make a decision as to who's the better parent.
00:59:18.320
And based on that lack of information from one party and too much information on the other,
00:59:25.780
So my book, Dad's Child Custody Action Plan, is designed to give dads the tools they need
00:59:32.900
It's very comprehensive in terms of what a judge needs to know about you.
00:59:41.240
It's 123 questions designed to pull the information that you as a father know about your kids so
00:59:47.620
that you can put it in a declaration or an affidavit to the judge so that they can understand
00:59:52.940
who you really are as a man going into this battle for your children.
00:59:57.640
Lots of times people think the first impression they're going to make with the judge is when
01:00:00.920
they walk into court and they put on an uncomfortable suit and tie the tie too tight and go into
01:00:06.520
court and they're trying to make a good impression on the judge.
01:00:09.120
And the reality is you've already made an impression on the judge.
01:00:15.600
The judge has a perception of you based on what they've read about you that you wrote to
01:00:20.660
And if you don't put enough information in there, the judge already knows you're not that
01:00:26.660
And that's why it's important to write a good, solid declaration.
01:00:30.380
And that's what my book, Dad's Child Custody Action Plan is about, is to give dads the
01:00:34.420
tools they need so they can get the time they want and that their kids deserve.
01:00:40.100
We'll make sure we sync everything up so they know where to go.
01:00:42.440
And I appreciate you taking your time and sharing some of this because it is important
01:00:45.220
stuff and I want to make sure men are equipped with the information they need.
01:00:49.120
But before you leave, we're going to move into an exclusive segment for our Iron Council
01:00:54.380
members that have four or five questions they wanted to ask you specifically about their
01:01:01.900
I'm adding a new segment to each week's podcast and it is exclusively available for the men of
01:01:09.280
You, as a listener of this podcast, will not lose access to anything that we've ever put
01:01:14.400
But you will, if you're one of our brothers, have the ability to ask your own questions,
01:01:21.360
And I'll include your name and let them know you asked that question from guys like Chris
01:01:25.880
Williamson, Cameron Haynes, Jocka Willink, Tim Tebow, Andy Frisilla, Terry Cruz, Ben Shapiro,
01:01:32.320
all the guys that we've had on the podcast and all the men that we have coming up throughout
01:01:36.900
You will have access to ask your specific questions.
01:01:42.680
It is exclusive again to the Iron Council, but because it's new, I wanted to pull back
01:01:46.340
the curtain a little bit and share with you two to three questions that some of our Iron
01:01:52.360
So you can see the type of questions that are being asked.
01:01:55.020
And also David had some really good answers to share in these questions.
01:01:58.780
I didn't want to not make that available to you.
01:02:01.080
So if you are interested in asking your questions and more importantly, all the accountability
01:02:05.880
available to build your life, head to orderofman.com slash ironcouncil.
01:02:21.780
Robbie Leffel, this one's maybe a harder question to ask, but he says, what's the best result
01:02:25.900
you've had in a case involving a high conflict narcissist?
01:02:32.420
I know that's super broad, but does anything come to mind there?
01:02:37.400
My first comment is, is generally you got to understand women are not narcissists.
01:02:42.380
In high conflict divorces and child custody battles, they're borderlines.
01:02:49.800
Generally with a borderline, what you're looking to do is box them in.
01:02:53.880
You need to have your agreement as tight as possible, as specific as possible, because
01:03:08.280
We say that every accusation they make is actually an admission.
01:03:12.700
So if they're saying that you're lying, you can pretty much be sure that they're lying.
01:03:16.100
And you have to treat borderlines differently because they're going to constantly come at
01:03:21.000
I say borderlines are like the honey badgers of humanity.
01:03:29.420
And so as a consequence, you have to be much more assertive, not aggressive, but assertive,
01:03:35.380
not angry, but assertive going into court about what you want and what the truth of the
01:03:40.600
matter is, because the judge is going to hear from that honey badger a lot of stuff, and
01:03:45.760
you're going to have to be able to argue against it.
01:04:00.460
This is part of the reason he joined the Iron Council to strengthen himself and repair his
01:04:05.940
But since they are getting divorced and going through the mediation process, he has a few
01:04:12.700
My father helped us buy the home with our down payment, but she does not want to repay
01:04:23.740
And then secondary is, what do you do when a soon-to-be ex slanders your name in a small
01:04:31.620
I'm trying to keep it simple and not involve lawyers.
01:04:35.740
So the first part of that, the repayment of the loan, if there's no paperwork showing
01:04:40.340
that it was a loan, you're most likely going to have a very hard battle there.
01:04:44.780
The court's most likely going to look at that and say, well, that was a gift from dad to
01:04:50.100
If you want to repay it, you can repay it, but I'm not going to make her repay it.
01:04:55.500
And the second part of it, the slander, that's a very common tactic in family law.
01:05:01.420
And it happens small towns, big towns, doesn't matter.
01:05:06.580
You're going to spend a lot of money on a lawyer going after a case that won't hunt.
01:05:11.880
So for the most part, unless they're actually saying like verifiable slander a la, he is
01:05:19.540
a criminal and here's who he stole from, don't even bother going down that road.
01:05:23.840
Just chalk it up to this is the ugliness of divorce.
01:05:30.580
You're just going to frustrate yourself if you try and go after the slander.
01:05:34.220
I've heard that and I've heard, you know, defamation, I think is a little bit different
01:05:39.180
because there's probably legal terms for these things.
01:05:42.380
We throw these words around like they don't have any meaning, but they do.
01:05:45.720
And there's actual legal terms in place for a reason.
01:05:49.160
And even in defamation, from what I understand, it's very difficult to prove that by somebody
01:05:54.680
saying you're an asshole that you lost revenue.
01:05:56.900
So why are you going to pour more money, chase good money with bad, essentially?
01:06:02.000
And I, I, I can see why you would not want to do that.
01:06:09.700
If I say Ryan Mickler's a jerk, what does that mean?
01:06:20.440
I could probably find 5,000 other guys who say something totally different.
01:06:24.020
So it doesn't have any value in a, in a small town, it may feel like it does, but in reality,
01:06:29.360
what's going to value is what are your actions?
01:06:36.600
That's the important part because it's also going to impact what you see in the mirror
01:06:41.660
and it's going to impact the way your kids view you.
01:06:46.340
And then the, uh, the last one here comes from Chris Henningson.
01:06:50.500
He said, is there any chance of eliminating the bias of family courts and the child support
01:06:56.220
How would one go about bringing and presenting an alienation case to a California family court?
01:07:07.720
Well, we may actually see that in our lifetime if judges get replaced with artificial intelligence.
01:07:13.580
And I say that with, there was a pilot study done in New York, they used artificial intelligence
01:07:22.080
versus a panel of judges to determine who was most likely to, to run if they were granted
01:07:30.640
And the judges were all like, I'm a really good judge of character.
01:07:34.300
I can tell when somebody is going to deserve bail or not, if they're going to be a flight
01:07:38.980
And the AI was profoundly more effective and correct in figuring out who was going to actually
01:07:47.100
Judges' internal bias plays into what they're saying.
01:07:51.060
So when we come to the reality of family law, maybe artificial intelligence may actually help
01:07:59.840
Now, a parental alienation case, that's a term that A, should never, ever, ever, ever, ever
01:08:06.420
under penalty of death be used in a court of law.
01:08:14.740
And if you use it, you're telegraphing to the judge that you're a problem.
01:08:18.940
What you want to talk about is the behavior, the parental interference, the custody interference,
01:08:27.400
That's the stuff that's going to get you crowned with a judge.
01:08:30.600
Parental alienation is a term never to be used.
01:08:32.360
There's three basic levels to parental alienation.
01:08:36.400
There's the first of, we're going through a divorce.
01:08:39.380
This is the 70 to 80% of, all right, we're breaking up.
01:08:48.400
Six, nine months down the road, that kind of calms down.
01:08:51.560
There's mid-level, nine to 12 months that's continuing.
01:08:56.780
And then you get to the extreme version of what people really are using for a semi-clinical term of parental alienation.
01:09:04.780
And that's where you're really trying to break the relationship between one parent and the child.
01:09:15.940
That's the real meaning of parental alienation from Richard Gardner when he wrote about this in the 80s.
01:09:23.480
And if you're really dealing with that stuff, there's a lot of great resources.
01:09:28.340
There's Amy Baker has several books on actual parental alienation.
01:09:31.900
The best attorney in the country is Ashish Joshi out of Michigan.
01:09:36.320
He's a brilliant lawyer when it comes to parental alienation cases because they're very, very difficult for actual alienation.
01:09:50.100
I've got lots of those resources on my website at dadslawschool.com for how to find that stuff.
01:09:56.260
And for the most part, people need to stay away from that term because it's not actually what the situation is.
01:10:02.300
It's actually just conflict that will go away over time.
01:10:10.500
I really appreciate you doing this extra segment.
01:10:14.740
I've had this idea for a while, and you're the first person to go through it.
01:10:18.800
So I'm going to take that segment with these questions and put that over for my guys in the Iron Council.
01:10:26.360
So I really appreciate you taking a few more minutes to go through that.
01:10:34.940
I've been following you for, what, 10 years now.
01:10:40.240
Yeah, well, this podcast is going to go live on Tuesday of next week.
01:10:45.400
I'm going to do a few things, send this off to my editor this afternoon, get him to clean it up, scrub it up, and make all the links on the page and everything.
01:10:53.900
I'll get you all the details, but this will be live on Tuesday of next week.
01:11:12.880
He's got some great resources that if you're going through this or you're in the early stages of this, or maybe you have gone through this and you're still unsure or you're not getting what you need or orders aren't being followed, whatever it may be, then check out his resources.
01:11:27.960
And then, of course, check out Divorce Not Death.
01:11:31.920
Get your email address in there so I can send you an email, and then also make sure you check out The Iron Council because we did that exclusive segment, and it is going to be exclusive only to members of The Iron Council.
01:11:43.780
You can do that at orderband.com slash ironcouncil.
01:11:51.300
My goal is to be the best resource for men, men's issues, whether it's divorce like today, or marriage, or fitness, or money, or relationships, or public speaking, building a business, you name it.
01:12:05.840
If it's of interest to men, it's my job to cover it, and I hope you enjoyed the podcast.
01:12:12.400
Until then, go out there, take action, and become the man you are meant to be.
01:12:16.220
Thank you for listening to the Order of Man podcast.
01:12:22.120
If you're ready to take charge of your life and be more of the man you were meant to be, we invite you to join the order at orderofman.com.