How Not To Ruin Your Marriage - World's Leading Divorce Expert - James Sexton
Episode Stats
Length
1 hour and 45 minutes
Words per Minute
203.5618
Summary
In this episode, we talk with divorce lawyer and expert on the topic of why so many marriages fail, how to prevent it, and what to do if you find yourself in a situation where your marriage is on the brink of divorce.
Transcript
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what is the fastest and best way for me to end up sitting across from you in your law office
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infidelity would be number one men losing their job is a tremendous tracker as to divorce
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very often substance use issues come up because a person starts drinking more to cope if you want
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to screw your marriage up the best way to do it is to just stop paying attention to it just don't
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water the plant it'll die everybody harps on the statistic that roughly 56 percent of marriages
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end in divorce but the more interesting statistic to me is that 87 percent of people who get divorced
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are remarried within five years of their divorce it failed catastrophically the wheels came off and
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87 percent within five years go all right let's give it another shot
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this episode is sponsored by our friends at hillsdale college
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james welcome to trigonometry great to be here oh it's great to have you on you are literally like
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the world's leading expert on divorce which is a great thing to be an expert in i guess i feels a
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bit like being like the best looking leper you're you're you're known for something that people really
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kind of don't want to even talk about because saying the word it's like saying voldemort and
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that somehow you'll summon it so but yeah no i appreciate that i've uh i've become well known as
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a divorce lawyer right and look to be honest we're not pro divorce obviously but the reason we wanted
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to talk to you is one of the things i imagine is true is if you've seen a lot of people go through
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that process and help them through that you probably have a good insight into how not to be in that
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situation in the first place is that fair to say yeah absolutely i mean i think if you wanted to talk to
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you know someone about how to take good care of your car you wouldn't talk to the person at the
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car dealership who sells brand new cars and only deals with brand new cars i think talking to a
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wedding planner about how do i make my marriage and the happiness and contentment within it last
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would probably be the last person to speak to if i was looking to find information about how to keep
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my car in its best mechanical shape i would talk to a car mechanic because all they do is see cars
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that break down all day and they see where where do systems start to fail what are the parts that
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there's strain on and i think as a divorce lawyer for over 25 years yeah i've seen all the permutations
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of ways that people lose something that they never meant to lose i mean i think divorce is in an incredibly
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performative moment in our culture it's something you can't pretend you meant to do like everyone who
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got married gets married with the hope at least or intention of staying together and yet over 50 percent
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of marriages and in divorce and that has amplified over time as i understand right yeah we didn't used
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to get divorced at these sort of rates no i mean divorce was not uh uh culturally as acceptable of
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a thing so i think there's a huge piece of of that um but yeah no it it generally the the divorce rate
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has been above 50 percent since the 1990s and it sometimes goes up as high as 56 it sometimes goes
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as low as 53 but it hasn't been below 50 in quite a long time and by the way just one thing to clarify
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because i think people get confused it's not that 50 of people who get married get divorced it's 50
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of marriages get divorced in other words you've got some serial offenders going on that is correct
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yes and and although the statistic for for first marriages is somewhere in the area of 48 so it's
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not far from 50 and and what i would say in response to that because i think people say that in a way to
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sort of assuage the concern of of well it's not quite as bad i mean first of all toyota had a car that
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the brake line failed 0.0001 percent of the time and they spent billions of dollars recalling all of
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those cars because that was considered an irrationally high risk even if it was 48 percent
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48 is a gigantic number if i said there's a 48 chance when you walk out of here you're going to
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get hit in the head with a bowling ball you'd either stay inside or wear a helmet but i i also think
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what's important is that's how many catastrophically fail meaning that they divorce right how many
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people stay together unhappy for the children for religious reasons because they don't want to give
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up half of their things because there's pressure in their culture i mean let's be conservative and
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say it's another 10 i would say it's probably closer to 20 or 30 but that's speculation there's no way to
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prove it but now we're talking about a technology that fails 60 to 70 to 80 percent of the time
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you could make an argument from a legal standpoint that that is a reckless act it's no longer negligence
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you know negligence is a failure to perceive a substantial risk recklessness is a conscious
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disregard for a substantial risk so there's a good argument to be made that marriage is not
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not only negligent it's in fact reckless so if i'm a man and a woman i imagine some of the reasoning
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is different for the two sexes what is the fastest and best way for me to end up sitting across from
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you in your law office that's a great way to parse the question um i mean my answer is not going
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to be a sexy answer i think because i think we we we fall in love very quickly and we fall out of love
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the same way we go bankrupt very slowly and then all at once and so i think the answer i would say
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is if you want your marriage to fall apart stop paying attention just stop paying attention to your
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marriage just say okay i've got that now i'm married now i don't have to think about that anymore i can
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focus on all the other things in life i can focus on the kids i can focus on work i can focus on my
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hobbies i have this i found my person we've signed on with each other we put the rings on
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we're locked in they're stuck with me i'm stuck with them that's it and no longer do
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whatever that thing was that you did when you first met this person whatever the thing was that you did
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that made them feel loved and seen and that that showed them that you saw them and that you loved them
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and maybe inspired them to to make you feel loved and make you feel seen because i think there's a
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spiral that happens in unhappy relationships you know where it's like well you're she's not sleeping
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with me well i'm not sleeping with you because you haven't said a kind word to me in weeks so i
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haven't said a kind word to you in weeks because we're never in the same room we're never in the
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same room because the kids are really demanding well the kids are so demanding i'm at work half the
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time what would you like me to do now we've got a great you're both right and miserable you know
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but you could reverse that spiral just as easily which is by showing each other some kindness some
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attention i mean what does it take i've often said like what does it take to leave a note for your
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wife you know it was so fun watching the tv with you last night i married the prettiest girl in the
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world what does that take 10 seconds 10 five seconds and what what does it cost nothing right but
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when when we're dating someone when we first meet someone when we're trying to close the deal
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you know we we do these little things that that again we're interested and we're interesting
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to this other person and then once we marry we have a tendency to just stop doing that so i would say
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if you want to screw your marriage up the best way to do it is to just stop paying attention to it
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just don't water the plant it'll die yeah isn't it also part of the problem james that you sign
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this contract it's a legal contract and you basically sign it when you're out of your mind
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on the most powerful drug in the world it's like you get mdma mixed with ecstasy mixed with
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a running endorphin type high and then all of a sudden you get presented with a contract you're like
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yes i'll sign anywhere yeah wherever all over if i get to have sex and see you again one more time
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amen amen and and it's absolutely that and i'll even take it a step further it's it's not even a
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contract you'd get to read like the contract that you sign the marriage license that you sign doesn't
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have any terms and conditions that's right it just says i'm agreeing to the terms and conditions
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which terms and conditions whichever ones the government comes up with like that's why i always
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tell people you know people i do a lot of prenuptial agreements and people come in and they'll
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say well what's the best way to talk about a prenuptial agreement and i say well every marriage
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has a prenuptial agreement every single one it's either written by the government or it's written by
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the two people who purport to love each other more than the other eight billion other options
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so whether you're on the left whether you're on the right whether in the center i don't think
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anyone has ever walked into the department of motor vehicles and said oh yeah oh these people
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should be in charge of everything these people should be in charge of my my intimate relationship
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and what the rules are in the event that it falls apart so if you don't have a prenuptial agreement
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what you're essentially doing is saying whatever the government thinks is best is fine with me and by
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the way what other contract that you ever sign in your life other than a marriage contract can be
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changed by individuals outside of the relationship with or without your consent with or without your
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knowledge unless you were looking for it and following the statutory changes that are happening in
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family law and when they change it to something you don't agree with you have no right to opt out you
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have no right to say oh oh you know what now that there's a formula for alimony and i don't actually
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think that's fair i would like to declare my marriage void and they say oh no sorry you already
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signed up you already signed up so you are in this rule set that we've just made up for you
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but most people don't even know what those rules are the first time they learn it is sitting across
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from me it's such a profound point and it's the harshest way to learn that particular lesson the
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worst time the worst time to learn how to fight is when you're in a fight exactly i think the thing
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that a lot of people feel with prenuptials is that isn't it the ultimate boner killer you know what i
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mean you're in you're in the romantic phase of love you this is gonna work forever see they're
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not lawyers you know lawyers are i i jokingly say my job is full contact storytelling and i think that
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it depends on how you parse it if you parse it as look i love you more than anything in the world but
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this might not work out so we really need to sign up okay yeah you're right that's a total boner
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killer like it's a lady boner killer more than anything else like most men would be like whatever i don't
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care you know so like let's be honest there's not a lot of men that are prenup adverse there's a lot
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of women that are prenup adverse and that's okay that's the structure of of the economy that we've
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created for love because love is an economy i don't think it's a dirty word to say that love is a kind
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of an economy it's an exchange of value between people and and that doesn't mean it's not useful
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it doesn't mean that it's not important but it's an economy you know anytime if you're trading apples for
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apples there's no need for that economy how many apples is worth how many apples it's an equal number
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how many apples worth how many coconuts okay now we have something different in play but i think
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fundamentally you know when you talk about a prenuptial agreement yeah you could talk about it
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in that bare bones way or you can say something like you know i don't just want you to feel loved i
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want you to feel safe because i don't think you can i've represented victims of domestic violence and
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i can tell you you can't feel loved if you don't feel safe like fundamental to our intimate
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relationships is the ability to feel safe to feel physically safe to feel emotionally safe
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to feel that we can be ourselves and that this person will love us even if there's an ugly side
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to us even if there's parts of us that we don't particularly like or understand to know that this
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person said no i'm i'm signing up for you warts and all i'm signing up for you when you have the
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flu and you look awful i love you and i'm going to be here and when you're all dressed up and we're
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going out to dinner i'm here and i love you but you don't have to be all dressed up and ready to go out
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for dinner for me to love you so that's part of feeling safe and i think a prenuptial agreement
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is about look all marriages end they end in death or divorce but they all end so is getting life
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insurance saying i hope we die or i'm certain that we're going to i mean i'm certain you're going to
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die we're all going to die but really what you're saying with the prenuptial agreement is look in the
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event that this marriage ends in something other than death whether it's my fault your fault the fault of
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circumstances beyond our control what would you need to feel safe and what do i need to feel safe
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and how can we make each other feel loved and protected and seen by each other and i think that
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can actually be an invitation to a very meaningful connection between two people and is it the case
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that i've read and obviously pushed back on this a lot of prenups aren't worth the paper they're
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printed on or is that a merely a uk law thing no and it's not even merely a uk law thing because even
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in the uk there there there are prenups that are binding the problem is and this is getting
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exponentially worse thanks to large language models because now everyone thinks that why would i bother
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paying an attorney i can just go to chat gpt and i can spit out a prenup a a properly drafted properly
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executed prenuptial agreement that contains all of the necessary information and waivers and statutory
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language is a binding contract between two people and they are very heavily enforced and i could tell
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you some horror stories of prenups that i wish couldn't have been enforced because i represented
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the person who wanted to set them aside but in fact they were upheld by the court because the right to
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contract is a fundamental right as long as the contract is not what we call unconscionable an unconscionable
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contract is a contract that no fair dealing person would ever offer and no reasonable person with
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knowledge of the circumstances would ever accept so it's a very high burden on unconscionability
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so prenuptial agreements are in fact binding but what happens is people go on they try to find one
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online they try to save you know the couple of hundred dollars it might cost for them to have a
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prenuptial agreement and they make something that's not properly put together it's not upheld by
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a court and then they go around and tell 4 000 people that they know oh prenups aren't worth the paper
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that they're printed on okay i mean yes prenups that you drafted yourself and didn't include
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stature but a prenuptial agreement drafted by an experienced attorney who understands the law and
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has experience with what these kinds of agreements need to have in order to be you know binding and and
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defensible is a binding contract so coming back to to the way that marriages uh head towards ruin what are
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some of the most common things that people will say i understand the big picture is you stop paying
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attention to the relationship but what are the things that tend to be the the final straw that
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breaks i mean infidelity would be number one infidelity is but i i often say i think infidelity is
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the symptom as opposed to the underlying illness i think that people who are still deeply connected to
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each other very often don't have the privilege towards cheating on each other but of course infidelity
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is present in a good probably 75 80 percent of the cases that we encounter as divorce lawyers wow
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and and again whether that is a function of the fact that these people have disconnected so much
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and there's a human need to find connection with another person um that's entirely possible can i
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just put just to clarify what what do you mean by infidelity are we talking about the sexual act are
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we talking about something called emotional infidelity well how do we i'm generally referring to
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some intimate contact so physical contact with some intimacy whether that's actual sex or whether that's
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some other physical intimacy between two people i do think there is such a thing as emotional affairs
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and i do think that is valid i i think you know if you really tried to drill this question down with
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an unpleasant thought experiment and you thought well which would you rather have that your partner
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you know on a random night went out with friends has a couple of drinks and ends up making out with
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someone making out kissing kissing kissing right versus um them having an ongoing texting relationship
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and sending suggestive messages to someone over the course of six months now one of those feels to
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me much more intimate than the other so i i don't i mean i would choose to have neither if possible
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but but i i think we can agree that there is something about you know the the intimacy of a
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relationship it doesn't just have to be manifest in the physical it's often manifest in the things
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we share with each other the vulnerabilities we share with each other the you know the the the
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ongoing connections who is it we want to share our experiences with you know so i think there are
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tremendous and i think again men and women maybe process those things differently i've always said that
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in my experience when a man and a woman find out that their partner has cheated they ask different
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questions a man's first question is did you sleep with him and a woman's first question is do you
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love her and i i've always said that says something about how we interpret love in heterosexual
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relationships well right and we had evolutionary psychologist david buss who's one of the founders
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of the field who talks about the evolutionary reasons for that yeah you know the man's concerned
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about paternal certainty effectively the woman's concerned about attachment and is he going to remain
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and provide and be committed etc so infidelity is kind of the final symptom anything else uh financial
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impropriety is a big piece i think dishonesty and betrayal i mean they're really all forms of betrayal
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you know i i think financial betrayal is a big piece what does that look like what does that mean
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where someone has been incurring massive amounts of debts and not letting their spouse know it where
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someone has entrusted to their spouse usually a woman entrusting to a man that you know that that
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you're a good provider and you're maintaining a financial stability for her and for the children
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and in fact it turns out it was a house of cards and you weren't being honest about that
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um sometimes it goes the other way where where you have a man who um you know his wife has a spending
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issue and she's been dishonest about it and suddenly she turns around and says yeah i've incurred several
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hundred thousand dollars worth of debt and now you know he's the breadwinner so he's the one who's
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going to be responsible for dealing with it so those kinds of betrayals are you know they're not the
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same as a sexual impropriety but it's similar in the sense that you know i i thought we had an
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agreement i thought we were going to be honest with each other about this particular thing and and we're
00:18:52.160
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there any like if you're looking at it as a young couple and you're going no one ever tells you any of
00:20:49.600
this right but well i've been married for 23 years now my wife and i got married at 20 and you know
00:20:55.760
you have your ups and downs everybody does thanks and what i think is also true from some of the
00:21:01.680
things i read but you tell me what you think is that there are certain points in the relationship
00:21:05.760
they're almost like relationships each one is unique but they all follow certain pathways where
00:21:10.800
after x number of years a certain thing happens yeah yeah is there any truth to any of this yeah i mean
00:21:15.760
you know there was often talk of what was called the seven-year itch you know that after seven years and
00:21:20.160
in variables of seven you know so seven year 14 year there there was some you know luster of the
00:21:27.600
marriage gets lost and i think there's something to that i think it's tied to life stages so i think
00:21:31.840
when you're newly married of course you're newly married it's excitement it's early days it's you
00:21:35.920
know the intoxication we were talking about earlier then i think very often within the first five to
00:21:41.600
seven years there's the presence of the first child right and the first child creates a tremendous
00:21:46.800
bond between two people they see each other in a different way it creates some stresses too it
00:21:51.280
creates some fatigue it creates a three-year-old okay so you know very well yeah yeah but but it
00:21:56.240
also in addition to creating fatigue and stress and those kinds of things it also you fall in love
00:22:01.840
with a different version of your wife she's not just your wife now she's also the mother of your
00:22:06.080
child and you watch her with your child and you kind of go like oh look at like how how our child
00:22:10.320
loves her and how much i love the fact that she loves this child and i'm sure she feels the same
00:22:14.320
way she looks at you and she says oh like it's not just my husband now this is also you know that
00:22:19.360
like my my little you know my child's father you know like and that's a very like a new person you're
00:22:24.240
falling in love with again after a few years of that you know around the kids three five maybe goes
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off to school now we start to have again because this is a multivariate equation we start to have a
00:22:37.760
loss of identity because now the child is not as dependent i mean what other species other than humans
00:22:42.960
come out that half-formed that helpless right like we we come out completely half-formed and hope
00:22:48.080
whoever's waiting on the other side is going to fill us in you know so this is something that that
00:22:52.560
there is an extended period of time you're just coming out the other end of where you know you're
00:22:56.960
this is a helpless creature so you know after that passes and now this child has a little bit of
00:23:02.560
autonomy and agency and kind of is doing its own thing a little bit there is a sense of of a little
00:23:08.000
loss of identity there's a little loss of the hands-on nature of that project that can start
00:23:13.440
to create in people a sense of distance from each other or of reconnection to each other if it's
00:23:18.320
handled the right way if it's handled the right way it can be an opportunity to say hey this organism's
00:23:23.120
not as dependent on us now in that time that we used to have together that we've lost we can reconnect
00:23:28.320
during that time but very often people do other things with it they say oh you know i've been putting
00:23:32.240
off getting to the gym because you know i i haven't lost all the weight or got my body back to where it
00:23:36.960
was so they go to the gym now they're in a different social circle they're interacting
00:23:40.640
with other people who don't know them as a mom and who know them as a an independent woman or a man
00:23:46.080
and suddenly we have opportunities we have opportunities for new connections with people
00:23:50.960
that start to create in us a dissatisfaction add to this what i consider the greatest amplifier in the
00:23:57.520
world and the greatest help to the practice of matrimonial law that we ever didn't need that is
00:24:02.960
social media because in social media you're watching everyone's greatest hits while living
00:24:09.280
your gag reel right so you're comparing your relationship and all of its flaws and all of
00:24:15.040
its chaos with the curated perfect images of everyone else's marriage and parenting so of course you're
00:24:22.080
going to be very dissatisfied with yourself and you're going to feel like you're not doing as well so
00:24:26.240
i i think that that is where those things start to strain i think once kids go off to you know once
00:24:34.320
kids get some autonomy in the form of you know a car or a license or go off to university that's another
00:24:40.720
opportunity for people to disconnect um once the children have you know for example completely gone
00:24:47.040
out of the household now they finish university maybe they marry themselves or they become autonomous
00:24:51.440
that's another stress point so i think it's always transition points and stress points i think you
00:24:57.920
know for some people we have what we call the midlife crisis i think it happens later than midlife i think
00:25:02.800
it happens in the late 40s early 50s and i don't think that many people live to 100 so it probably
00:25:07.760
should be seen as the life stage of when people's children aren't as dependent on them or where people
00:25:12.880
are solidified enough in their career that it's kind of set it and forget it and it's no longer as much of
00:25:17.600
a challenge their career they know how to do what they do and it's not you know you're not out there
00:25:22.000
like hunting the way that you were of like i got to eat what i kill like you've got an abundance if
00:25:26.560
you've done it right you've got some money put aside and now you start asking questions about like
00:25:30.480
what's the point of all of this your body's starting to change in ways that are not the desirable way
00:25:37.280
there are ways that are your back hurts a little more and you know everything feels a little bit more
00:25:41.040
i'm there i've got the gray hair for it and and you start to say you know hey if i have a limited
00:25:46.480
number of days is sitting next to this person you know who we've heard all of each other's stories
00:25:53.120
and they no longer find my jokes quite as funny because they've heard them all is that the best
00:25:57.520
life has to offer because i think love if you think about it love is is not just something we
00:26:05.360
experience in our feeling towards the other person i think if you think about you know when
00:26:09.760
you first met your wife it wasn't just that you fell for her you fell for who you were when you
00:26:16.480
were with her you know how you felt about yourself when you were with her like how seeing yourself
00:26:24.800
through her eyes like the wonder she felt towards you and the adoration and admiration that she felt
00:26:30.400
for you how it made you feel about yourself i mean you're making me hard yeah yeah but i mean i think but
00:26:35.200
i think that's a piece of it you know there and no one's a hero to their butler right like
00:26:39.200
familiarity breeds contempt there's no way around that i'm not saying we don't have bonds with people
00:26:42.960
we spend a long time with but there is something about having you know a person who you have a a
00:26:49.520
physical and sexual relationship with who just thinks you're amazing totally thinks you're the most
00:26:54.960
handsome man in the world and brilliant and funny and smart and we've really culturally i mean not just
00:27:02.160
in the us in the uk everywhere we've made it sort of cute to talk about your spouse like oh my husband
00:27:11.120
is just such a lovable idiot you know and my wife is like yeah the most loathsome harpy ever to castrate
00:27:15.840
a man you know and it's sort of like quaint like that's an acceptable way to the person you've chosen
00:27:23.200
over eight billion other options that's the person you're going to take the piss out of on a regular
00:27:27.520
basis and around other people like that seems very odd to me but it is something that i think in early
00:27:33.600
days anything that person does it's kind of cute you know if she snorts when she laughs you know you're
00:27:40.560
like she snorts when she left 10 years into the marriage when she snorts you're like is there
00:27:45.120
something wrong with you why do you do that when you laugh you know it's just the nature of of how we
00:27:50.080
are so these transition points is such an interesting thing i mean my wife and i are desperate for some
00:27:55.840
time together because our son's been yeah three-year-old yeah full-on uh and i we both look
00:28:02.160
forward to that i think i'll go back home and check you better check um but how she hasn't come to my
00:28:07.760
office that is a good sign um how does how does a couple really navigate those transition points
00:28:17.760
effectively how how a couple think about those periods and prepare for them perhaps yeah so in in
00:28:24.720
my book what i talk a lot about is tell everybody the title uh well if you buy it in the uk it's
00:28:30.320
called how if you buy it in the usa it's called how to stay in love if you buy it in the uk it's
00:28:34.240
called how to not up your marriage which tells you everything you need to know that's exactly right
00:28:40.160
about the us and uk yeah and it tells you why i've always enjoyed uk humor better than us
00:28:45.520
humor from douglas adams to the young ones yeah i was i was bred on it so um but yeah there's a
00:28:50.960
chapter in the book called um hit send now and it's about this i don't think particularly radical
00:28:57.680
concept but it's about you know i whenever you send an email you know if you're sending a heartfelt email
00:29:03.360
something that you know you're going to quit a job or you're going to tell someone something you're
00:29:06.640
afraid to tell them i've always said there's something odd about when you hit send but it's
00:29:10.560
like well it's out there now like take it back you know and so that inspired the idea to me of you
00:29:17.360
know one of the things i like about email is i can be very thoughtful in how i compose what i'm
00:29:21.440
saying i can rewrite it i can leave it in drafts until the next morning and decide does it still
00:29:25.680
say what i want it to say and when i receive an email i don't have to automatically acknowledge i
00:29:31.040
received it i don't have to immediately respond to it i can digest what it's saying and i can give my
00:29:36.160
response the same thought maybe that this person ideally gave to the to the draft itself so i had this
00:29:43.040
idea of what why couldn't you in your relationship do something similar to that work that into a sort
00:29:48.960
of day-to-day or week-to-week practice of really before the fire becomes fire while it's still smoke
00:29:56.480
just sort of putting things out there and it doesn't even have to be only sort of negative things
00:30:02.560
although the the negative things are normally born like no single raindrops responsible for the flood
00:30:07.520
but the flood's made of nothing but raindrops so it's all these little things and you know if you've
00:30:11.600
been married for 20 years then you know the feeling of sitting with your spouse and you're at the
00:30:17.440
kitchen table and you're having a you know a a heated discussion about the best you know traffic
00:30:23.600
route to take to get to the place you're going that afternoon and you know 20 minutes later it's like
00:30:28.880
and i never liked your mother and she's never respect you're like wait wait where did that come
00:30:33.040
from how did we get to that how long have you been holding that in your back pocket but that's what
00:30:38.080
happens is there's these little things that build up over time so i think the antidote is to to those
00:30:44.880
kinds of catastrophic failures as silly as it sounds is very basic communication it's very
00:30:50.960
basic and early communication if something blips on your emotional radar what is the harm in saying
00:30:57.600
to your partner look i just want to say when we were talking the other day and you made that little
00:31:03.040
joke about my sister maybe you were just joking but for a second it sat kind of weird with me because
00:31:08.320
i like the fact that you like my sister and it felt like what you said maybe it means that you don't or
00:31:12.560
something so if i misunderstood you i'm i'm sorry but and then it's an opportunity for this person to
00:31:18.480
say oh no i was just kidding or to say but again it's not in the context of the conversation because
00:31:23.200
that can bring out something defensive in someone and it also gives you a chance to think about how you
00:31:28.240
parse it because if for example and i'm not using your relationship as an example but if you were to
00:31:33.280
say to a spouse when you have a three-year-old if you were to say to your spouse you know we don't
00:31:36.960
have sex as often as we used to you know we got a three-year-old running around all the time like
00:31:40.320
it's understandable but we don't have sex as often as we used to that invites a defensive dialogue well
00:31:46.320
of course we don't we've got a three-year-old running around and i'm exhausted at the end of the
00:31:49.440
day and you've been traveling all the time interviewing james sexton so i mean you know what am i
00:31:52.560
supposed to do whereas if he's spoken to my wife i mean i can neither confirm nor deny attorney clan
00:31:59.040
but if you said to her you know gosh i i miss you so much like i miss feeling even just physically
00:32:05.200
close to you you know i love when we're so like connected to each other in that way you think she's
00:32:10.080
not going to like hearing that you know and then that parlays into a conversation about like oh
00:32:14.160
remember when we did it out remember we gotta i would love to get back to that where we could do
00:32:18.800
that you know and i know i'm not around as much but man when i'm around we i really want to make a
00:32:22.800
point of making sure that we stay so connected because it means so much to me who's going to
00:32:26.800
argue with that it's all really about the framing of the dialogue and i think that that is what the
00:32:32.480
idea of hit send now is is it's the idea of of making a deliberate practice of that of telling your
00:32:38.800
partner hey i want to love you well and i want you i know you want to love me well right i want to be
00:32:46.960
good at this i want to be good at us this is important to me so i want you to feel free to
00:32:53.680
tell me when i get it wrong i'd even love it if you'd tell me when i get it right like you've been
00:32:59.440
married 20 years i bet if you said to your wife or if i said to your wife tell me 10 times that you've
00:33:07.440
felt loved by him 10 things he's done that made you feel loved five or six of them you could probably
00:33:13.680
guess i bet there'd be a few that you would go really i didn't even know you noticed i did that
00:33:19.360
or i didn't even notice that i did that like and i bet the same is true if i said to you when do you
00:33:23.840
feel loved by your wife but don't you want to know like is there anything you'd want to know more
00:33:30.000
like what a wonderful thing to know when you because don't you want the people who you love to
00:33:34.240
feel your love well when do you feel it like and when do you not feel it what are some things i do
00:33:39.920
that make you not feel my love because i know i'm not doing them intentionally you know so so what can
00:33:45.760
i do how can i get better at this you know you're we're constantly refining like it astounds me that
00:33:52.720
you know my my book is a relationship book at its core and if you walked into you know someone's home
00:34:01.360
who's married and they had the seven habits of highly effective people or the power of habit by
00:34:05.840
charles durring or they had you know any of those tony robbins you know any of those books
00:34:10.800
you go look at this jim's so successful but he still wants to keep the point on the sword sharp
00:34:15.520
like i love it you know he's always a self-help no not in britain mike you see really you see a
00:34:20.160
relationship book and you go oh what's going on at home with jim you know yeah instead of saying oh look
00:34:26.800
at this like his relationship means so much that he wants to he wants to stay good at it he wants
00:34:31.440
to continue to there's just something about acknowledging that we might not be great at
00:34:36.800
this as a species that feels like you're acknowledging you're doing something wrong or
00:34:41.280
your partner's doing something wrong or you've chosen incorrectly i don't understand why that is
00:34:46.000
you know it's so many interesting points that you've raised and one of the myths that i want to
00:34:52.320
explore and maybe it's not a myth maybe it's truth but it's misrepresented on the internet is the
00:34:58.240
classic one they're all angry menus online and there's lots of angry men who say the line
00:35:05.440
80 of women initiate divorce 78 there you go 78 people love weaponizing that statistic yeah i i think
00:35:14.080
that i understand why people try to weaponize that statistic they're trying to present the suggestion
00:35:20.160
that marriage is like a casino that women get entry to being very good looking and young and youthful
00:35:26.480
and then they get in there they watch the man accumulate a big bank of chips and then when the
00:35:31.520
guy's high up enough they go all right i'm cashing out and then they go okay if that was the case
00:35:37.440
i would be the first to say it believe me i i say lots of things that i get accused of misogyny
00:35:42.880
because i talk about a lot of gendered things and again these aren't my opinions this is what i'm
00:35:47.600
observing i represent men i represent women i've been representing men and women for 25 years of
00:35:51.920
practicing matrimonial law so i'm just reporting who's sitting on the other end of the chair and
00:35:55.920
what i see in the course people lie to their therapist all the time they lie to their friends
00:35:59.200
all the time they don't lie to their divorce lawyer there's no reason to lie to your divorce lawyer i'm
00:36:02.880
going to find out i have subpoena power i can look at all your records like there's no reason
00:36:07.040
to lie to me every my only job is to protect my clients so you can tell me the truth i'm here to
00:36:12.240
protect your secrets and advocate on your behalf so i get a very very unfiltered view of things so
00:36:17.600
if women were just saying oh yeah i've cashed out i'm doing great like i got into this thing and now
00:36:21.600
he's not doing well and i'm out or he's doing so well that i can now afford to take half his
00:36:25.520
shit and i'm gone the truth is i i don't think that's why that statistic is what it is i think that
00:36:31.440
there are probably an equal number of women that are as dissatisfied in their marriage as there are men
00:36:37.520
because men you know men represent 30 something percent of commencement of divorces something i
00:36:43.440
have seen many men do and i think i've in a 25 year career only seen maybe two women do is go out for
00:36:52.240
milk and never come back they just leave they just go yeah i'm done or they go away on a business trip
00:37:00.880
and then they send their wife an email or call her and say yeah i'm not coming home i've met someone
00:37:05.280
else i'm sorry that tends to be a male thing okay it's not a female thing part of that is that men
00:37:12.560
are still primarily the wage earners and breadwinners so they have the funds with which to go and get
00:37:16.480
themselves an apartment or to do whatever it is that they need to do to just leave but very often
00:37:21.280
when they do it they just go and then they don't make any arrangements they don't say oh and here's how
00:37:27.680
the electric bill is going to get paid and here's how the mortgage is going to get paid and here's how
00:37:31.280
the children's school tuition is going to get paid so then the woman comes into my office or an office
00:37:36.160
like it and says what do i do he left he says he's not coming back the bills aren't getting paid he's
00:37:43.120
been the breadwinner i've been home taking care of kids for the last 10 years what i can get a job but
00:37:48.240
i'm only going to make minimum wage i'm not going to be able to pay all of these expenses and i don't
00:37:52.320
know what's going on and i say okay we have to commence a divorce action and then they say well no i
00:37:57.440
don't want to get divorced and i said well it doesn't matter if you don't want to get divorced
00:38:01.600
you need a court order and the only way to get a court order is to commence an action and the
00:38:05.120
only action you have to commence is an action for divorce you can't commence an action for the guy
00:38:09.600
left there's no such thing it's a divorce action so then you have to file a divorce action so that's
00:38:15.040
where a lot of that statistic comes into play if i saw a trend of a large number of women in the world
00:38:23.920
who were just deciding you know what i'm just going to cash out on men i'd be the first to say
00:38:30.240
it i know i have lots of friends in the red pill space that would be thrilled that i could write a
00:38:35.760
book about i'd sell lots of books because there's lots of people that want to hear simple answers to
00:38:40.240
complicated questions and if i could offer it to them honestly i would i don't think that's the case
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you know i've got a lot of female friends and when they break up with their relationship or they
00:40:47.280
get divorced and i ask them why they always say the same things he he wasn't checking in he wasn't
00:40:54.000
appreciating he wasn't listening he wasn't making the effort he wasn't taking the time i checked out and
00:41:00.000
then it was a couple of years before i made the break yeah is that what you find yeah all the time
00:41:04.560
i think that's a very very um common fact pattern that you just described what i would add to it
00:41:12.480
is very often it's he checked out he stopped paying attention to me look i think attention is
00:41:17.200
for women what sex is for men you know women women men want sex and will give you attention in exchange
00:41:25.280
for it women want attention and they'll give you sex in exchange for it you know and so it's an
00:41:30.000
economy and again i i think that's a very fair economy which is why the chances of you getting
00:41:34.880
laid if you say to your partner you're the most beautiful woman in the world you're just so you're
00:41:39.200
so wonderful you know my i'll i'll digress for a second my my son texted me the other day and he said
00:41:45.840
dad can you send me some money and i said you know son i just looked at my texts i haven't got a text
00:41:51.360
from you in a week i said let me give you a bit of advice because i feel like i'm a financial booty
00:41:57.040
call for you i said and i have no problem with the concept of a booty call but if you're going to be a
00:42:02.640
man let me tell you something you need to know about a booty call if on a friday night you text a
00:42:08.240
girl at 1 a.m saying hey are you up i was just thinking of you she knows why you're texting her
00:42:15.920
if you haven't texted her in a week she's not necessarily going to be receptive to that text
00:42:21.120
but if on wednesday you think you know i'm going drinking on friday i should send that girl and
00:42:30.160
you send her a hey i just heard a song it made me think of you hope you're doing well
00:42:36.400
the chances when you text her on friday at 1 a.m and say hey are you up what are you doing
00:42:42.000
there's a part of her that's going to go i know why he's texting but you know he did text on wednesday
00:42:46.720
like he is clearly interested in me your chances are going to go up i said if you texted me on
00:42:51.120
wednesday and said hey dad how are you doing hope all's well just wanted to say hi we should get
00:42:56.160
lunch sometime soon now when you text me and say you want some money i'll be very quick to send you
00:43:00.400
that money but because you didn't warm me up at all with any kind of foreplay the answer is no you know
00:43:05.200
so i think that that's a bit the attention piece and the sex piece something men need to figure out is
00:43:11.440
pay a little bit more attention give a little more compliments to your spouse and and the receptivity
00:43:16.560
towards what it is that you need is going to be much more receptive i believe in the long term
00:43:21.280
but i do think that ultimately you know when it comes to women falling out of love when they feel
00:43:29.840
unseen unappreciated and we live in a society by the way that is constantly there's a barrage of
00:43:34.720
attention coming at women i mean any woman goes on instagram she's instantly you're a queen fire you
00:43:39.600
know all the million texts whereas men who cares shut up go to work like there's not a lot of that
00:43:44.080
coming from us dating apps the same thing happens you know so i i think that there's a tremendous
00:43:49.280
amount of affirmation coming from all directions for women this is why i've always said by the way
00:43:53.200
that i think the i don't know if in the uk you have the concept of the hall pass you have paul
00:43:58.640
so everyone has like a celebrity all right that you say like oh you know if i i get to sleep with you
00:44:03.920
know this celebrity nagella lawson was mine for a long time you know um and and you know a woman's
00:44:10.240
might be you know harry styles you know here's the problem with that equation the chances i'm not i'm
00:44:17.520
using them as examples i don't know either of them the chances of like like a male celebrity like a harry
00:44:23.920
styles meeting my girlfriend at an airport lounge and her saying hey do you want to run off in the
00:44:30.480
restroom and have a quick shag and him saying yeah why not is probably higher than if i ran into
00:44:37.600
jello lawson and i said you know uh just so you're aware i'm allowed to uh to have sex with you if
00:44:44.880
you'd like to then she's gonna go really i can't because women walk out the door and it's just they're
00:44:49.360
barraged by penis options you know whereas men it's not quite so simple so i think for women
00:44:55.040
they're that the the flow of attention that's coming from random places the amount of cultural messages
00:45:00.160
telling them how wonderful and amazing and how girl boss that we're just girl bossing them right
00:45:03.920
into the sun that's coming at them constantly so i don't know how many men can really keep up with
00:45:09.280
that but if you don't keep up with it at all and you just have a sort of learned helplessness where
00:45:13.120
you go all right look i can't possibly give her enough attention so i'm just going to give her none
00:45:16.880
whatsoever i think that's when the disconnection happens and that's when very often infidelity
00:45:24.240
happens with women i've always said men cheat more but women cheat better like women cheat
00:45:30.800
bigger women cheat in ways that are like the soft place to land the exit out of the relationship and
00:45:36.960
culturally by the way women get away with cheating in a way that men don't if a man cheats on his wife
00:45:44.800
he's a piece of garbage who couldn't keep it in his pants if a woman cheats on her husband it's
00:45:50.160
you know she was desperate for love and attention and this was her journey and she needed to figure
00:45:54.880
out who she was and she needed to learn that the relationship was truly over and only by crossing
00:45:59.600
that final threshold of being with another person did she really solidify in her mind
00:46:03.920
the distance that had developed between she and her spouse she's the hero of that story even though
00:46:09.360
she's the one who cheated do you think there's some truth to that though you you kind of did a
00:46:13.680
satirical take on it it was i i think there's truth look i think the truth is at the bottom of a
00:46:18.320
bottomless pit and i think as someone who gets paid to tell people stories i will tell you that
00:46:25.440
that you know most people if you really listen to their story there there's there's some element to
00:46:35.120
it where they're a sympathetic character i mean i'm skeptical anytime someone tells me the story of
00:46:39.840
their life and they're the hero of the story i prefer when someone tells me the story of their life
00:46:44.640
and they have heroic moments and they have weak moments and then you know that gives a credibility
00:46:48.800
to the story but yes of course there's something to that but it's equally true that you know that
00:46:54.000
the man might be in a position where yeah she just has continually beat me down emotionally and
00:46:58.880
egotistically and she's so constantly getting praise and attention and i really am just this person by
00:47:04.400
the side and meanwhile i take such good care of her and our family and you know i have a barrage of
00:47:09.360
attention from women but i've always ignored it and then finally i got so lonely that you know that
00:47:14.480
that the attention of this other female just started out as something that was kind of innocent and then
00:47:18.880
it turned into something less innocent but it really taught me how disconnected i had come from that and
00:47:23.680
how hungry i was for the connection physically and emotionally to another person that's a real story
00:47:29.120
it's a truthful story it's a fair story again the answer in both of those situations if we're being
00:47:35.040
moral and truthful is to go back to our partner and say hey i'm thinking of sleeping with this other
00:47:41.600
person that's how far apart we are now can we fix this because if we can't let's end it and if we want
00:47:49.840
to fix it okay then we got to fix it because it's broken right now we don't want to do that that's hard
00:47:56.000
but that's exactly the right thing to do it's exactly the right thing to do it's the only thing to
00:48:00.960
do it's the moral thing to do i mean but it's understandable that people don't do that right
00:48:07.280
i mean i i my sons are adults now but when they were growing up i said to them look i don't have a
00:48:12.080
lot of wisdom to offer you because i think a lot of the wisdom that's out there isn't worth very much
00:48:16.960
but the most wise thing i've ever been taught and the most wise thing i have to import to you is that
00:48:22.000
the hard thing to do and the right thing to do are almost always the same thing that's such a good point
00:48:29.680
about life in general but in relationships in particular because in a marriage the hard thing
00:48:35.600
to do is to tell your spouse how you're feeling honestly and candidly the hard thing to do is when
00:48:41.840
your spouse says something critical of you or something you don't want to hear but need to hear
00:48:46.720
to hear it from love to hear it as yeah this person wants to tell me the truth they love me enough to
00:48:53.040
tell me an uncomfortable truth like that's the that's the hard thing to do but it's the right thing to do
00:48:58.160
it's the right thing to do if you want what you purported to have wanted when you married this
00:49:03.280
person which is i want it to be you and i the two of us a team together connected holding each other's
00:49:10.000
hand in this terrifying uncertain world and we will have each other because i i i tell you i believe
00:49:17.040
very deeply in the romantic love of two people i really believe in the i won't even say marriage
00:49:24.160
because i think marriage and love are you know correlation isn't causation and i don't really
00:49:28.640
know that there's even much of a correlation between marriage and love but i i don't think
00:49:32.480
i can learn everything i need to know about myself from myself i need someone who sees my blind spots and
00:49:38.640
i want to have someone who i can help see theirs and and we can ideally at the end of our lives
00:49:45.680
i mean there's no greater blessing i could offer your marriage than to say
00:49:50.320
that i hope at the end of your life your spouse says this person helped me become the most authentic
00:49:58.000
version of myself the realist version of myself and that you can look at her and say you helped me
00:50:03.360
become the best and most authentic version of who i am like that what greater blessing could you offer
00:50:09.840
someone's marriage than that james and there's some other stats that i want to look into as well because
00:50:15.120
i'd be very we go from love to step just right in there just me and james are having a conversation
00:50:20.320
about marriage typical man but what about this numbers yeah go on man go on so i read this stat
00:50:28.240
that i think it's around a third of men leave their wife or initiate divorce when they have cancer
00:50:35.760
or they get diagnosed with a serious illness the man gets cancer the woman the woman gets cancer right
00:50:40.960
and on the flip side another stat that i read was uh about i think it's 30 percent of all the
00:50:49.120
women initiate divorce when the man loses his job yes how true is that yeah or are there myths
00:50:55.920
surrounding it and is it just stats that we actually need to explode the cancer one i can't speak to
00:51:01.920
i i will certainly say that in my experience of watching the demise of thousands of marriages ringside
00:51:10.720
that i i do think men sometimes hit the eject button faster than women when challenges occur
00:51:18.320
which is always uh a bit surprising to me because i do think the masculine ideal is one of meeting
00:51:26.560
challenges and the warrior concept and so i i've always found that sort of baffling that when things get
00:51:34.400
hard in a relationship that a man would um not want to deal with the hard aspect of it is a little
00:51:41.360
strange but i can't speak to the veracity of that statistic i can tell you if if the statistic about
00:51:47.280
job loss is only one third i'd be surprised i think it's probably actually much higher than that my
00:51:53.280
experience is that when men lose their job there is a tremendous high divorce rate that comes with it the
00:51:59.920
only the only the only thing that i have seen as reliable of a tracker of a coming divorce other
00:52:08.160
than a man losing his primary wage earning function losing his primary job is the death of a child the
00:52:17.360
death of a child is almost always the death of a marriage that when people lose a child the statistics
00:52:22.640
are are very very grim over 85 percent of people who lose a child uh end up getting divorced partly
00:52:29.760
because i think they remind each other of this very painful reality of of having lost a child but men
00:52:36.000
losing their job is a tremendous tracker as to divorce i think again there is a school of thought
00:52:43.440
that would like to say that that's that women are cashing out the chips and oh well he lost his job
00:52:48.720
he's no longer useful i think the the rate of increased substance use issues that comes with
00:52:55.520
a man losing his job i think scott galloway could speak very intelligently to this that um the the
00:53:00.880
things that happen to a man as his place in the society in the ecosystem of the world that that when
00:53:08.160
a man loses his job he is losing his manhood he is losing his function as a wage earner he is losing
00:53:14.880
the the way he defines himself i mean within the first 10 minutes of meeting a man oh so what is
00:53:19.120
it that you do you know it's i mean it's ingrained in our cultural zeitgeist as to how we interact
00:53:24.240
with each other i mean in in japan you hand your business card to someone and you take their business
00:53:28.560
card it's sort of fundamental to so what is it that you do you know so i think when a man loses that
00:53:33.040
he's losing his identity very often substance use issues come up because a person starts drinking more
00:53:37.360
to cope with the stress and depression that comes with having lost their job so it's also a powerlessness
00:53:43.200
that men have to experience when you lose your job i mean very often you're talking about people who
00:53:46.800
work within the context of a corporate structure so when they lose their job it's through no fault
00:53:51.760
of their own but also they're utterly powerless and now they can't provide for their family they
00:53:57.680
feel powerless they feel impotent they feel awful and that's going to impact the manner in which they
00:54:02.400
interact with their spouse so again if a woman files for divorce because they're oh you lost your
00:54:07.600
job sorry i'm out that is probably different but i don't think statistically that's what's happening i
00:54:12.000
think what's happening is a man loses his job and then some time passes and during that time period
00:54:17.200
very often that man increases the amount he's drinking he's angry he's frustrated he's lashing
00:54:22.480
out at his spouse these are all things that have a concomitant effect so then when she leaves oh you're
00:54:28.480
leaving me because i lost my job no i'm leaving you because you lost your job you've been sitting
00:54:33.440
around the house depressed you're screaming at me and at the children constantly and you're drinking
00:54:37.920
10 times more than you used to so if you want to say it's because you lost your job yeah that was
00:54:42.720
the first domino that fell but plenty of people lose their job and don't add all of those you know
00:54:48.560
injuries to the insult right so i think that is that is again one of those i wish i'm constantly
00:54:55.520
looking for patterns i'm constantly older man younger woman younger man older woman like what what
00:55:01.920
i'm constantly lived together before didn't same religion different religion do jews do better at
00:55:06.640
marriage than christians how are muslims at it like i'm constantly trying to look for patterns
00:55:10.960
if they were there i'd be the first person to say it but i i really don't i think we are
00:55:16.320
multi-dimensional organisms human emotional complexity comes into this and it's an ecosystem
00:55:22.080
you know and like any ecosystem like you take the lizards out of the ecosystem you don't have the
00:55:27.760
same ecosystem less lizards because the lizards ate the insect and the insect ate the plant and the plant
00:55:33.920
was something that this other animal ate and now everything's screwed up we have a whole new
00:55:38.400
ecosystem so man loses his job or a baby is born or a person gets diagnosed with cancer it's not just
00:55:45.520
we have the old marriage plus baby or we have the only i'm sure when you look at your marriage it's not
00:55:50.880
it was our marriage plus baby it's like before baby after baby correct everything is different
00:55:56.240
after that because it's an ecosystem it's a non-additive system so you have to think about
00:56:01.440
the problems in marriage that same way which is why when you're saying to people here's how you
00:56:06.400
fix marriage or or better yet maintain it because it's a whole lot easier to maintain it than to fix
00:56:13.040
it it's like it's a whole lot easier to maintain a healthy weight than to gain a ton of weight and
00:56:17.440
then try to lose it so my books my writing all of my speaking on this is all about how do you stay in
00:56:24.320
love it's easy to fall in love any idiot can do it but now we're in love how do we stay there
00:56:31.040
because once we go off the cliff and we fall out of love it's much much hard
00:56:36.560
if you watch or listen to trigonometry regularly this won't surprise you the cost of everyday life
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quietly filling the gap with credit cards charging 20 or 30 percent interest if you're a homeowner and
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it's a really profound point and there's another thing i want to talk to you about which angry men
00:57:59.760
talk about and it's not just what reddit groups are you hanging out in really i'm too right-wing
00:58:05.360
yeah i was gonna say yeah no i'm joking but it's a very serious issue and i've seen friends go through
00:58:10.400
it and it's really really has a profound impact on them which is the family courts and they say
00:58:16.880
family courts are biased in favor of the mother you know it's as a man you're going to always get
00:58:22.560
a rough deal it feels like you're always trying to prove that you're not an arsehole and you're
00:58:27.440
going to get completely cleaned out by lawyers etc what are the truths yeah what are the myths
00:58:34.160
what's the gray areas yeah i mean look that is fair comment i i i will not say that it that all
00:58:40.480
court look courts are made up of people i mean our legal system i i jokingly say our legal system is
00:58:45.680
the worst one in the world except for all the other ones but but you're absolutely correct that there are
00:58:52.160
a gigantic number of men that get an incredibly raw deal in the family court system why i think there's
00:58:59.920
a very complex myriad of answers to that question i think you have to start with the fact that under
00:59:06.480
her skin is under her sovereignty right so a baby is born from a woman maybe it's a controversial thing
00:59:13.040
to say that but i don't think it shouldn't be but you are you know in new york this is a controversial
00:59:18.000
thing to say but women have babies yeah and women theoretically feed babies right so so there is a
00:59:24.640
a bond between a mother and an infant that is undeniable and i don't think that we devalue men
00:59:30.240
i don't think it's misandrist to say that there is a very special and unique bond between mother and baby
00:59:35.760
100 she carried this child for nine months the sound the scent all of the things this there is
00:59:41.760
a bond between mothers and children that is beyond something that men particularly when they're in
00:59:47.760
those what we call tender years or those very early infant years very hard and look i say that as a
00:59:52.800
father when my kids have a very deep relationship with me they always have but when they get sick they
00:59:58.400
want their mom when they are scared they want their mom when they're they love their mom especially when
01:00:03.040
they were quite little when they were afraid of the monster in the closet they needed dad and i was
01:00:06.480
very quick to come in with the anti-monster powder that was actually just baby tallick but they didn't
01:00:10.480
know it um but the reality is that yes we we serve different roles to some degree and the woman's role
01:00:16.400
with a child early on is very profound so we're starting from that place now courts are made up of people
01:00:25.600
and for a long time like many institutions of power i mean early in my career 25 years ago the bench
01:00:31.920
was predominantly white heterosexual men it was old white men it was old men with gray hair like
01:00:37.600
it was great because i would go in and i would wear my suit and i was very sort of i looked like the
01:00:41.120
kind of guy they used to have a beer with when they were young and i kept my hair short and i kept my
01:00:45.280
face you know nicely shaved so that i would please that type of a person that has changed dramatically
01:00:50.960
like judges now primarily women very often women of color very often uh lesbian women of color um there
01:00:58.720
there has become a you know again the bench particularly in new york where i practice
01:01:04.080
resembles society now and and it almost has over corrected in the same way that like every bank
01:01:09.920
commercial the bank officer is black you know the couple is biracial or gay or gay and biracial like
01:01:15.920
we've just created this world of like oh yes this is the imagined world that we all would like to live
01:01:20.400
in and the bench is starting to look like that now again what has that created well it's created
01:01:26.720
opportunities for the court system to view gender differently to view male and female roles
01:01:35.120
differently we also now have marriage equality so you know you have two men with children two women
01:01:39.600
with children so there's no mother or father there's now just two parent one and parent two so a lot of
01:01:45.920
that has changed i will tell you it's gotten better in recent years because when it was primarily old white
01:01:51.920
men they were looking at it and going like well mothers sacred mothers mothers are the greatest my
01:01:57.840
mother was the greatest you know and they their fathers were like my father my father went to work
01:02:02.480
every day i didn't make my mother did all the heavy lifting of parenting my dad kept the lights on and
01:02:07.280
he was there to discipline us every now and again and go out back and play catch and things like that
01:02:11.440
taught me how to fish but is he you know the person who on a day-to-day basis what happened at school
01:02:16.800
are you okay and your friend got in a fight with you oh my gosh i must have felt that was my mom that
01:02:21.760
was all my mom and that was okay that was their respective roles so a lot of the former bench that's
01:02:30.000
how they viewed society that's how they viewed you know again they're humans these are like judges are
01:02:35.360
just people like there's a school of thought that says you know what do you call a lawyer with a 50
01:02:40.800
iq your honor because i make per year about 30 times what a judge makes so if i'm an intelligent
01:02:51.520
lawyer unless i'm incredibly deeply committed to the furtherance of justice which not that many
01:02:58.160
people are that deeply committed to that that they would give up a 30x pay increase you're not getting
01:03:03.760
the best and brightest people in the world on the bench no offense to the judges i appear in front of
01:03:08.240
i'm sorry guys but the truth is you're not getting the best and brightest you're getting people that
01:03:12.240
you know kind of want to move the meat through the machine they want a nine-to-five job they want
01:03:15.520
guaranteed health care they want all the things that come with being a judge so i i think it is very easy
01:03:22.640
to think that the way it was 30 years ago is the way it is i don't think that's the case anymore but
01:03:28.960
there are certain basic realities you know like if if early on in a child's life a child spends a
01:03:35.120
tremendous amount of time with mom mom is going to be very resistant to dad having a big role in
01:03:42.480
the case party's divorce by the way a lot of divorcing men don't spend a lot of time at home
01:03:49.120
before they're getting divorced why because they're unhappy so they don't go home they just stay at work
01:03:55.920
later or they go out to the bar after work and they don't go home so they don't end up spending much
01:04:01.040
time with the kids but it's not that they don't love their kids it's that they just don't want to be
01:04:04.400
with this person they're unhappy with and it's unhappy with them they don't want their children
01:04:07.760
to be exposed to like the passive aggressive relationship between mom and dad so they stay out
01:04:12.080
of the house longer and what happens when they get divorced he gets weaponized against them well
01:04:16.400
he was never home he never helped the kids with the homework and the guy says well wait give me a
01:04:20.640
chance like i yeah i didn't go home i didn't want to go home it was tense at home we didn't really
01:04:25.840
like each other very much but now we're getting divorced and i don't just want to be the fun
01:04:30.720
parent i want to do the heavy lifting i want 50 of the time i want to to do the fun part and i also
01:04:36.560
want to do the part where i you know make sure the homework gets done and that they eat their broccoli
01:04:40.080
and brush their teeth and and i understand when women go well he's never done that before right but
01:04:44.880
when would he have had opportunity to do it before so again it's a it's a complex thing and anytime
01:04:50.720
someone says the system is rigged you know that's such an easy way to claim defeat rather than fight any kind
01:04:58.640
of a battle it's just go oh well it's just the game's rigged so i'm not even going to play yeah
01:05:03.600
and james i'm curious what happens when people come in and sit down with you
01:05:10.480
what percentage broadly speaking would you say of people who are i mean it sounds like the way
01:05:15.280
you've presented is kind of the vast majority of people get married with good intentions of staying
01:05:20.080
together and then it doesn't work out because they probably didn't do the things that they did
01:05:24.160
initially to make it work right so there's none of this like planning and manipulation or whatever
01:05:29.040
but by the time they get to a divorce yeah are people in a different place now and they're kind
01:05:34.160
of like f you or i'm gonna make you pay for the xyz sometimes yeah i mean i would say i get a number
01:05:42.640
of varieties so i get what i would call the tire kickers which are the people who come in and say
01:05:48.400
i'm not ready to do anything yet but i can smell that things aren't going right and i'd like to
01:05:53.520
just know what my rights and obligations potentially are i love those people i prefer
01:05:57.920
those people i think it's really good for a person to come in when they're having some problems and
01:06:02.400
they say you know i want to understand like what what will it look like if this goes in that direction
01:06:07.760
why do you love them because i think they're being proactive and i think they're asking a question
01:06:12.480
they probably should have asked before they got married which is what legally is going to happen
01:06:16.080
when i sign a marriage contract and what effect does it have on my rights and obligations
01:06:20.320
like most people have absolutely no idea what they did legally when they got married it's the
01:06:25.760
most legally significant thing you're going to do other than dying and you didn't even get a pamphlet
01:06:30.480
you didn't get anything that explained to you what it was legally that you opted out of the title system
01:06:34.800
like that's amazing like if you buy your wife a rolex watch you bought yourself one half of a rolex
01:06:39.920
watch like you're one person in the eyes of the law but no one ever explains that to you we're just
01:06:44.400
talking about what cake you're going to have so i think that it's valuable for someone to come in and
01:06:49.360
say i'm i'm thinking about this direction or i'm afraid my spouse is thinking that we're heading in
01:06:56.720
this direction what could it look like and then they can make informed decisions about how hard they
01:07:02.160
want to steer out or into that right because hopefully one of those possibilities is to work
01:07:06.480
harder on the relationship 100 and and nothing i would ever say to someone in that setting would ever be
01:07:11.760
to hasten the demise of their marriage it would always be you know you're here for information
01:07:16.480
and i want to share that information with you i want you to understand your potential rights and
01:07:19.520
obligations what paths you might take whether you go to a mediator or an arbitrator or go through
01:07:24.240
litigation and i'm also going to use that as an opportunity to say look are you in individual
01:07:29.440
counseling of some kind where you can sort of process these things are you and your spouse have you
01:07:33.520
ever tried speaking to someone together have you ever thought about talking together with a
01:07:37.360
counselor or clergyman or someone who might be able to help you navigate the challenges that
01:07:41.680
you're having it's totally okay to have challenges in a relationship people have challenges all the
01:07:46.080
time in relationships i even have people who come in and say that said i want a divorce i caught him
01:07:50.800
cheating i intercepted a text message came up on my ipad that was supposed to go to his iphone because we
01:07:55.680
have the same i message logged in i mean i owe steve jobs a tremendous debt of gratitude he has the
01:08:01.280
integration of apple devices has created more people finding out about their spouse's affairs than
01:08:06.080
anything else in the world but they come in and they say look i want a divorce you know i just found this out
01:08:10.400
and i i if i immediately said great we'll file i'll file it right now i would be i think doing a
01:08:15.520
very irresponsible thing what i often say is okay if we want to file for divorce we can file today we
01:08:20.480
can file tomorrow we can file next week i'm not retiring don't worry but let's just take a breath
01:08:25.840
let's talk about what your paths might be rights and obligations and then let's see because there
01:08:30.160
are lots and lots of people they don't talk about it very often there's lots of people that have
01:08:35.120
issues of infidelity that happen in a marriage and they make it through it they move through it they
01:08:39.360
figure out a way they forgive they forget sometimes the forgiving is in the forgetting
01:08:43.680
sometimes they forgive but they don't forget but they try to make some changes and so it doesn't
01:08:47.440
happen again so i try to give them a very honest assessment of things so that's one type of person
01:08:51.840
who comes in there are the and again sometimes it's just hey things aren't great i see some storm
01:08:57.200
clouds coming i want to know my rights and obligations sometimes it's the storm is here i caught them
01:09:02.560
cheating or i'm cheating and i just got caught okay that's a little more serious but again doesn't
01:09:09.040
necessarily mean it's over but it's good that it's fra it's fragile we can agree it's fragile so
01:09:13.760
let's talk about what your rights and obligations might be sometimes people come in they've been
01:09:17.280
served with papers you know their spouse is moving forward with a divorce okay let's talk about you've
01:09:22.560
been served with papers here's what you have to do legally to defend on that and here's the paths
01:09:26.640
that we might take from here so it's very rare that someone comes in and it's like a professional hit
01:09:32.560
you know like they're like i've been planning this for six months i've got here's the bank statements
01:09:36.560
here is that every once in a while someone does come in and they're very organized to the point
01:09:41.600
where it begs the question like wow how long i mean are those more women or men more women yeah of
01:09:47.680
course that's why i said women are more tactical and they're thinking and they're more patient in
01:09:52.720
some ways i mean their prefrontal cortex develops way before ours does so it could be a function of
01:09:56.480
that but yeah i mean i've had women i had a woman come in last week who her husband has been cheating for
01:10:04.160
about eight months and she has had full access to his messages and texts and emails for that entire
01:10:11.200
time and she's just been tracking it in real time oh and she's just like every lie she's tracking it
01:10:18.880
and she gave me this whole timeline and i'm just looking at and you know i had two thoughts one was
01:10:24.880
this guy has no idea he has no idea that he's completely exposed two other people's infidelity
01:10:33.280
is hilarious like there's just nothing funnier than reading someone's messages to their because
01:10:37.440
we all think we're so interesting and sexy and fascinating but it's just completely goofy
01:10:41.600
all the like you know like oh baby i missed you so bad like when you read like i'll tell you this
01:10:46.640
we have like dramatic readings of it sometimes at lunchtime in my office like in the conference room
01:10:51.280
we'll all get together and we'll like you know we'll have one of the female staff members will
01:10:54.320
read the female part and one of them will read the male part and they're like baby when i was inside
01:10:58.560
you last night it was the greatest feeling ever you know like we're just reading it out loud going
01:11:02.880
do these people have any idea but ultimately you know um she what i thought was scarier is that
01:11:10.160
she has managed to just continue to act like nothing's wrong for six months with this guy i couldn't do
01:11:16.080
that i could you couldn't i couldn't do it for a day no i'd be like six months like and i mean
01:11:21.840
explicit stuff explicit stuff which by the way i will tell you as a divorce lawyer you end up having
01:11:27.040
to see a lot of naked pictures of people and it's never people you'd want to see naked pictures of
01:11:32.160
it's like being in a nude beach it's never people there that you'd want to see naked but
01:11:36.160
james this is a question i really wanted to ask because i don't think we we we talk about divorce
01:11:43.520
do people regret divorce do people look back have you ever seen that where people go
01:11:48.880
you know what she was or he was the love of my life and yeah i you know it was a heat of the moment
01:11:56.000
i said what i said we did what we did but actually we kind of threw it away i think what you're describing
01:12:03.040
is people regretting the demise of a relationship i think divorce is burying something that's dead
01:12:10.960
most of the time and it's not man i regret that we buried that it's i regret that it died
01:12:17.600
you know i always tell people i don't make it rain i sell umbrellas
01:12:22.160
i think that there are a lot of people that say you know we could have done better
01:12:25.680
we could have done different you know i i i'm a divorced man myself i've been divorced for 20
01:12:30.800
years from the mother of my kids and a very friendly divorce she's a lovely lovely human being
01:12:34.880
one of my favorite human beings in the world she's been remarried for 15 years
01:12:38.800
our oldest son just got married a couple of months ago and we had a wonderful time all of us at the
01:12:42.800
wedding her family my family all of us together and uh i have to say like there there are many times
01:12:50.000
where she and i even though she's very happily married we'll say like man we really screwed
01:12:55.680
that up we screwed it up you know if sheer power of will could make two people love each other forever
01:13:00.560
we probably would have but we just got a lot of things wrong and then sometimes you're so far from
01:13:06.560
center that you just kind of go yeah it was the right thing to do and i think our divorce was the
01:13:11.520
right thing to do i think that her very happy marriage you know is proof of that i think our
01:13:16.480
sons are very well adjusted happy young men who had a great you know relationship with both of their
01:13:21.760
parents and she and i've had a great co-parenting relationship we both moved on to have really
01:13:25.360
fulfilling relationships but is there something very sad about it that it's like oh we probably
01:13:31.040
could have done better you know yeah of course but but we didn't know that at the time you know
01:13:36.400
and i don't think anybody takes glee in the demise of a relationship i think most people when they
01:13:43.280
when they marry they have good intentions you know but things fall apart the center cannot hold
01:13:50.560
you know it's the nature of things and and you know one of the things i've there's a line of one
01:13:55.680
of my favorite poems um is a poem by joseph brodsky it's called a song he wrote it when his wife died
01:14:01.200
and the refrain of the poem is i wish you were here dear i wish you were here and one of the lines
01:14:05.120
is i wish you were here dear i wish you were here i wish i knew no astronomy when the stars appear
01:14:10.400
because i think that there's something very like magical about the stars until you learn astrology
01:14:14.400
and then astronomy and then you're like oh yeah it's actually a dead
01:14:17.840
light that's hitting us now you know i i think that all of us if we look back on our relationships
01:14:23.360
that weren't successful or even our relationships that are successful we look at it and we go you
01:14:28.400
know i could have done better i could have done there's almost nothing i've done in my life that i
01:14:32.720
don't look at and go oh i could have done better you know the first three years of your child's life
01:14:36.880
i bet there's some things that you go i wish i'd been a little more patient when that happened
01:14:40.240
or i wish i'd handled that differently and i think that's a sign of a mature human being to say you know
01:14:46.800
oh i could have done better and i wish i had done better but we did what we did you know we made the
01:14:51.600
choices that we made i think that the hard thing to do and therefore the right thing to do is while
01:14:57.360
you're in the relationship constantly subject yourself to that vigilance rather than later look
01:15:05.040
back and go what could i have done to keep this together while you're in it what can i do to keep this
01:15:13.200
strong what can i do to help this person feel loved and seen what do i need from this because
01:15:18.880
i think the most dangerous i will tell you in 25 years of practicing divorce law and seeing very
01:15:23.520
candid versions of people i think the most dangerous lies we tell are the ones we tell ourselves
01:15:29.200
i think we constantly lie to ourselves about what we need and what we want and what will make us happy
01:15:34.000
and what won't and i think that if we could be more honest with ourselves it would be the starting
01:15:39.680
point of being more honest with our part you shouldn't have to rearrange your life to deal
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information it's it's it's a really really interesting insight into human nature um and i i suppose
01:17:08.480
the question i wanted to ask is do you think sometimes divorce is the easy option uh and maybe also do
01:17:16.000
people then try to go for a divorce and they discover actually isn't that easy at all it might it might be
01:17:21.440
the conclusion of their problems but actually it's very painful and traumatic and especially terrible for kids
01:17:27.760
look at the limits of their lives yeah i mean i think you're always trading one set of problems for
01:17:31.600
another if you're unhappily married you have one set of problems but you don't have another if
01:17:35.760
you're divorced you have one set of problems but you don't have another if you're single one set of
01:17:39.440
problems not another married one set not another so i think life's about picking the set of problems
01:17:43.040
you're interested in having and then moving forward with that set of problems and trying
01:17:47.040
to live your life within that set of problems right i i think that sometimes the process of divorce
01:17:55.360
is something that reminds people what they mean to each other so i have seen a lot of divorces
01:18:00.320
that start and then stop and and i don't find that that surprising i mean i find when you're
01:18:08.400
in the midst of death you know or illness you're the most acutely aware of the value of of life
01:18:14.560
and good health you know i think you know when you get over being sick you find yourself going
01:18:19.200
oh i'm going to take better care of myself and then you forget yeah and then very promptly you
01:18:23.280
go back to like yeah whatever you know because that's human nature but i do think that sometimes
01:18:28.160
we have to come right up to the edge of losing something to to to see the value that it has in
01:18:32.880
our life sometimes physically separating from someone is something that makes you feel their
01:18:38.320
absence in a real way so i think that's a piece of it um i do think that there are people that
01:18:45.840
never recover from their divorce i think that there are people who
01:18:52.000
the wound of it and the process of it because divorce can be incredibly ugly i mean it's
01:18:58.320
it's intimacy weaponized like if anybody knows your soft targets it's your wife like it you know to
01:19:06.880
you know personally i think to love anything is insane like it's insane it's it's just not rational
01:19:15.520
to love anything because to love anything is to accept the inevitability of losing it like you get
01:19:21.520
a dog greatest thing in the world having a dog you're going to lose that dog like that dog is going
01:19:27.120
to die before you most likely they have a really short lifespan personally i think it's worth having it
01:19:33.040
you know but you are when you decide you're going to love that stupid dog you have decided you are
01:19:38.240
going to open yourself up to the inevitability of that pain so i i think there's a tremendous amount
01:19:43.600
of bravery involved in loving anyone or anything because to love anything is to say okay i'm going to
01:19:49.760
accept the pain of losing this because you will lose your wife you'll lose her to death or you'll lose
01:19:54.480
her to divorce i hope it i hope you lose her to death what a bizarre thing right like in what world
01:20:02.480
do you say as a courtesy i hope your marriage ends in death but i do i hope your marriage ends in death
01:20:08.720
because the other option is it ends in divorce so i hope it ends in death so there is something about
01:20:14.800
saying okay i'm going to fully accept the risk of this and some of that risk is that if you let this
01:20:23.520
person see authentically into who you are and what you're afraid of and what really hurts you and what
01:20:30.240
your soft points are they can weaponize that against you if they want to like we all know anyone
01:20:36.160
who's in a relationship even like the two of you are in a relationship with each other i guarantee you
01:20:41.440
each have a sentence in your head that you could say to the other one that you know would make them
01:20:47.440
like go home that night crying like we anyone you're close with and know and care about you know what
01:20:54.400
they're insecure about you know what they're afraid of you know what they're ashamed of so you have in
01:20:59.520
your head you've got it in the chamber there you've got a thing that you go you know if i ever i would
01:21:04.720
say this to the person and and by the way you probably would never want to say it to that person
01:21:09.280
because when you love someone you wouldn't want to hurt them even if they hurt you you wouldn't want
01:21:13.760
to hurt them like that you know like but i guarantee you know the thing you could say to your wife and your
01:21:19.280
wife knows the thing that she could say to you that would reduce you to just absolute tears that's
01:21:24.880
the risk but you have to take that risk if you're going to have a relationship that's why i think to
01:21:30.640
love something is brave it's insane but it's brave because you're saying i'm going to expose the
01:21:35.840
possibility of being hurt by you but because of that risk divorce is brutal it's just it can be brutal
01:21:44.480
because even the friendliest divorce is a shift of this fundamental relationship this foundational
01:21:52.560
relationship and it feels like everything is on the line like where you live when you see your
01:21:58.800
children your basic finances the person who you thought was your person and you were theirs like all of
01:22:06.240
that is falling apart it's what drew me to being a divorce lawyer i was a psychology major as an
01:22:10.880
undergraduate and i wanted very much to maybe be a therapist and then i realized therapists have
01:22:15.600
to listen more than they talk and that wasn't but i realized that you know there is something incredible
01:22:21.360
about the opportunity because a divorce you know the barn is burned down and now i can see the moon
01:22:28.720
you know like everything's fallen apart and now what and to be part of the architecture of a person's
01:22:36.080
next chapter to me even after 25 years it's still the most like humbling amazing beautiful thing to
01:22:42.080
be part of to help be part of the architecture of someone rebuilding a life when it feels like
01:22:47.680
everything is everything is lost everything's at risk i mean your point about loving is so true
01:22:53.040
because i mean children are the the best example of this yeah because you bring a child into the world to
01:23:02.720
you love more than anything that you've ever loved but obviously you know i remember speaking to a
01:23:07.520
very good friend of mine after having a child said i've got some fears now that i didn't know were
01:23:11.040
possible oh yeah not even that like your heart is walking around right exactly it's just walking around
01:23:16.800
and like everything is is putting it at risk right and and and like you can handle it yourself like i
01:23:24.960
could handle my pain like but my kids pain like oh like the the the terror that comes with that but
01:23:32.240
it also creates these opportunities to like you know i mean again like the the you know i i remember
01:23:39.840
you know my sons are adults now but i remember my now 28 year old he's a lawyer too when he was like
01:23:47.040
five maybe he had terrible pneumonia and he was so sick he had 103 or 104 fever we kept calling the
01:23:54.080
pediatrician and they kept saying okay if it goes up to 105 you got to get him to the hospital
01:23:58.480
and he was laying in my lap and and i was the most scared i've ever been in my life like i had never
01:24:05.840
felt terror like that and i was 22 when he was born so i was probably 27 28 and he was sweating and cold
01:24:13.200
and like kind of like so feverish that he was out of it and he kept sort of kind of going in and out of
01:24:17.680
consciousness and i remember having this big ridiculous smile on my face and going it's okay
01:24:24.720
it's okay buddy you're okay you're okay don't worry don't be scared it's okay it's okay and inside
01:24:30.400
i was screaming i was just screaming inside like i i can't handle this i'm not ready for this i'm not
01:24:37.200
qualified like i want my mom like i don't know what's like this is bad like i don't know what to
01:24:41.920
do like i'm terrified he's gonna die oh my god is he gonna die but i was like okay no you don't get to
01:24:46.480
do that like you you need to be you need to be it's okay it's okay it's okay and now it's what 20
01:24:53.600
something years later he survived he's fine i can still feel that feeling
01:25:01.040
that's the terror that comes with real love like that's the terror that only loving something more
01:25:08.000
than you've ever loved yourself like to me it's worth it to me it's the greatest thing because the love and
01:25:13.600
the pride and the joy like the you know that same seven-year-old you know i i sat with a hundred
01:25:22.160
people when he got married a couple of months ago and watched a beautiful young woman who he went to
01:25:27.040
law school with stand there and in front of all these people say these vows and they wrote their own
01:25:33.200
vows and she was like you're the strongest man i know you're the bravest man you make me feel so safe
01:25:37.840
and i i was weeping because i thought like we did it like we did it this is what we wanted to do
01:25:44.800
we wanted to create a man like that and we did we did we found we created one that a brilliant woman
01:25:50.560
she's a lawyer to like goes yep that's my guy that's the one i want and what an incredible thing
01:25:56.880
now if you want that you've got to have that terrifying moment you've got to have all those
01:26:00.960
i said all the other terrifying moments that i'm sure are soon to come you know or will come down
01:26:05.680
the road so yeah i think i think love is the greatest thing in the world but i think it is an
01:26:12.000
absolutely insane terrifying thing yeah it's the best i i was gonna ask as someone who's watched
01:26:20.560
thousands and thousands of people not not only watch but participated in the process of them
01:26:25.600
getting divorced and often acrimonious circumstances how did you feel watching your son get married
01:26:32.080
i felt that i think the same way anybody else does i felt i'm cheering for them i felt choked up by it
01:26:39.280
i felt an abundance of optimism that's probably totally misplaced um you know they have as good
01:26:48.000
a shot at happiness as anybody right and and i you know i've been pilloried matt walsh gave me a whole
01:26:53.680
rash and a crap for this because i i said that that marriage is like the lottery you're probably
01:26:59.840
not going to win but if you win what you win is so good that it's worth buying a ticket now he harped
01:27:06.640
on the fact that you can't do anything to improve your chances of winning the lottery but you can do
01:27:11.360
things to improve your chances of staying married that wasn't my point my point was you're probably not
01:27:18.720
going to win statistically but that that if you win it's like winning the lottery like that so i i look
01:27:27.440
at my son as he was getting married and i thought there is a 50 plus percent chance that this will end
01:27:33.600
in divorce but i hope it doesn't because if it doesn't the value it will add to his life will be
01:27:40.160
phenomenal and if it does end in divorce i hope it ends in the way that his mother and i's marriage
01:27:46.640
ended which is with love and with respect for each other and with care for the children that
01:27:52.320
may come of that marriage and i again i i think happily ever after can mean happily ever after
01:28:00.720
separately it doesn't like divorce doesn't have to be a failure like things can end and they can end
01:28:08.080
with love and with dignity and with respect like we we could stop viewing divorce as failure and we could
01:28:15.600
start viewing it viewing love and romantic love like chapters in a long book and maybe you have
01:28:24.880
you know people you dated and those are some chapters and then you find your one true love and then you
01:28:28.960
live out the rest of your story with that person i hope that's what happens for you i hope that's what
01:28:32.640
happens for my son i hope that's what happens for every married person i know who's happily married
01:28:37.520
but it may be that sometimes marriages need to end and when they end that there will be some other love
01:28:43.520
some other chapter that's waiting for you that you wouldn't have got to if you hadn't been through
01:28:47.680
this dark chapter or difficult chapter or a chapter that was bright and then ended in some negative way
01:28:57.440
the kind of acrimony like when i i don't go to a lot of parties but you know when when i do go to a
01:29:02.880
party and people say oh what do you do for a living so i'm a divorce lawyer they go oh my god you must
01:29:07.040
have stories and if i said to them yes you know there was this couple and they fell in love and
01:29:12.800
then they gradually you know learned that the venn diagram of things they had in common is getting
01:29:17.520
smaller and they grew apart emotionally and then they decided that it would be good for the two of
01:29:21.760
them to potentially end the relationship so they partid amicably divided their assets and they both
01:29:26.560
spent time with the children in different ratios the person would go like well that's the most boring
01:29:30.720
ridiculous story ever like what that's not interesting at all they want to hear like and then he took a
01:29:34.880
chainsaw and he cut the car in half and he said you can pick which half you want that's the story
01:29:39.120
which true story by the way that's the that's what people want to hear the people who talk about
01:29:44.400
their divorce are usually people who went through a really ugly traumatic divorce like my divorce is
01:29:49.920
one of the least interesting things about me yeah and and one of the least interesting things about
01:29:53.600
my ex-wife but people who've been through a really ugly divorce it scars them and it becomes
01:29:57.920
fundamental to their identity and it becomes something they talk about just like you know people don't
01:30:02.160
talk about the prenup that got upheld they talk about the prenup that got set aside you know so
01:30:07.040
people tend to talk about people don't talk about all the planes that flew and landed safely they talk
01:30:11.520
about the one that crashed but thankfully that's the menar you know what you were talking about through
01:30:17.280
a lot of this it really reminded me actually of one of my teaching day of my teaching days because
01:30:24.000
you're talking about hope i remember when i was teaching year three which in the uk is seven and
01:30:28.960
eight year olds and we used to do this thing called philosophy for kids so and for half an hour 40
01:30:34.560
minutes once a week we do philosophy basic philosophy with the kids god i love the uk
01:30:39.200
and i remember i sat down with the kids seven eight years old and i and the question was i put on the
01:30:43.920
board would you rather own a dog and have it die or not own a dog and never experience and have it die
01:30:57.840
but never experienced what it's like to own a dog put your hands up every single kid in the room
01:31:04.320
put their hand up and goes i want to own a dog of course of course it's something that's so deep within
01:31:11.200
us yeah it's the hope and you know and you'd ask the kid and they they might not be able to articulate
01:31:16.560
it because deep down we all know that the most special thing the thing that we all desire above
01:31:22.880
everything else is love yeah and connection yeah and if you deny that and you say you're not going
01:31:29.120
to get involved or you don't want to get married all of these things what you're denying yourself is
01:31:33.600
the shot yeah and that's all any of us have it's the shot well and that's you know i believe that
01:31:39.120
marriage is the triumph of faith over reason i think it really is a faith it's an act of faith
01:31:45.680
it's an act of saying i believe in the possibility over reason over logic over statistics that the
01:31:53.360
connection that i feel for this person that that my life will have value or deeper value because of this
01:32:01.360
and i think you know proof denies faith like there's really no way to prove that a love is going to last
01:32:07.360
there's no formula like you just have to have faith it's an act of faith and i i'm a person who i
01:32:12.960
think that our lives would be very empty if we didn't have faith in some things and i think
01:32:18.000
faith in love like love is all around us love is everywhere like when people say to me all the time
01:32:23.520
well you're a divorce lawyer do you believe in love and i was thinking it's such a funny like do i
01:32:26.640
believe in gravity like gravity exists whether i believe in it or not like love is everywhere it's
01:32:31.360
all around me i feel it i experience it all the time and and my life would be poorer for it it's the only
01:32:38.240
thing like i think every single thing we do we do to find love feel love feel worthy of love like
01:32:46.560
everything is tied to love and i think that you know love is it's all around us it's it's you know
01:32:53.040
i i think love is in some ways like the greatest insight into god for any of us because you know
01:32:58.480
jesus said you know the kingdom of god is within you and all around you well i think love is within
01:33:02.640
you and all around you and the question is is how much of it will you open yourself to i don't think
01:33:07.360
you can let yourself be completely open to all of it i think that we have to that to do it properly
01:33:14.800
and with depth we have to connect to another person and say okay i'm going to commit to connecting to
01:33:20.000
you in this deep and profound way that's why i think pair bonds really work and i think maybe that's
01:33:24.160
why we were designed the way we were designed physically you know what's why life is born of the
01:33:29.600
connection of a man and a woman it has to be a metaphor for something it has to be has to have some
01:33:34.320
meaning i have faith in that so i i genuinely you know everybody harps on the statistic that roughly
01:33:41.040
56 percent of marriages end in divorce but the more interesting statistic to me is that 87 of people
01:33:48.000
who get divorced are remarried within five years of their divorce that's an insane number that means
01:33:56.160
you've tried it it failed catastrophically the wheels came off and 87 percent within five years
01:34:07.360
go all right let's give it another shot yeah and i think to me that's an incred that's not a statistic
01:34:13.840
of how stupid people are i think that's a statistic of how deeply we need and want this and i think
01:34:19.680
that's something worth fighting for it's something brave it's the hard thing to do so it's probably the
01:34:24.880
right thing to do what a great way to end our brilliant conversation james been absolutely
01:34:29.760
blast it was so much fun having you on absolutely we're going to go to sub stack where our audience
01:34:34.560
are going to get to ask you their questions but before we do what's the one thing we're not talking
01:34:38.960
about that we really should be before james answers a final question at the end of the interview make
01:34:44.240
sure to head over to our sub stack the link is in the description where you'll be able to see this
01:34:50.320
what's the funniest story you've had as a divorce lawyer do you think it's fair that someone
01:34:54.800
poor can marry someone rich have a two-year marriage then claim a large chunk because they can
01:35:00.000
divorce reveals who people really are what's the biggest surprise you've seen in human behavior
01:35:05.120
during that process what's the one thing we're not talking about that we really should be
01:35:15.520
i think we're not i mean i know it's very popular to just you know crap all over social media these
01:35:21.200
days but we're not talking about the antagonistic effect that social media is having on relationships
01:35:27.680
on marriages in particular i think that there's a chapter in my book called if we were going to
01:35:32.240
invent an infidelity generating machine it would be called facebook i think you could amend that now to
01:35:37.760
say meta instagram but i i think we're not talking about the fact that again not to sound like jaron
01:35:46.000
lanier but i think we we need to give a really serious look at what impact social media is having
01:35:53.760
on our perception of our relationships our perceptions of each other and as romantic prospects
01:36:00.400
our satisfaction with our sex lives i think it's having a profoundly negative impact and we're not
01:36:05.520
looking at it because um we're busy looking at the effect on the individual not on the couple
01:36:10.640
the only thing i would say about that and obviously that is a thing that people do say a lot and i i
01:36:16.720
think there's a lot of truth to it is it's also about the way you use it and i think we should also
01:36:22.320
remember that because i can tell you i agree i i'm someone who like i was never an instagram person
01:36:28.000
it just isn't my medium but because of you know what we do and blah blah i'm on it all i see on my
01:36:34.080
instagram literally all i see is really cool parenting stuff yeah that makes me more connected to
01:36:40.480
my wife and it's like oh oh we're not the only people that are struggling with this stupid thing
01:36:45.520
that this person has managed to make funny so you've got an algorithm that's that's figured out
01:36:50.480
you know what's going to resonate with you in a positive way and i imagine it's also because
01:36:54.640
like when i see something i don't like i'm like don't show me more of this right right so i think
01:36:58.800
what you're talking about is having an active relationship with it so and when i was in graduate
01:37:03.040
school at nyu my mentor and i was his research assistant was neil postman dr postman who wrote
01:37:09.120
amusing ourselves to death public discourse in the age of television technopoly the surrender of
01:37:13.040
culture to technology a number of other books before he passed away and one of the things that
01:37:17.600
neil used to say all the time is that there is a difference between watching a program on television
01:37:23.600
and watching television because watching television was you just sat back and let it feed you right
01:37:30.880
tick tock your youtube algorithm whatever that might be whereas watching a program so what you're
01:37:37.920
describing is someone having an active relationship with their social media and their algorithm so i
01:37:42.880
don't want to see more of that meaning i don't want to be around that i'm not going to like stop
01:37:48.240
showing me women in bikinis i don't need to see that like if i hang around a barbershop long enough
01:37:52.480
i'm going to think about getting a haircut so don't do it and oh yes i want more of this because that
01:37:57.360
feeds good things within me great you're describing a person with discipline i think the majority of
01:38:02.480
people probably lack that level of discipline and so they're getting carried in directions
01:38:08.320
that again i don't know that they would be you know when we apply technology to an efficient system
01:38:13.840
you magnify the efficiency and when you apply technology to an inefficient system you magnify
01:38:17.440
the inefficiency i think the same thing is true when you apply social media to a functional relationship
01:38:24.080
where the person is committed to the relationship you can amplify the efficiency and the commitment
01:38:29.760
when you apply it to someone who's having challenges in their commitment and in their
01:38:33.920
focus on their relationship it can amplify the lack of focus or the distractions from the relationship
01:38:39.360
and it can amplify the antagonistic things to that relationship so i i think again teaching people
01:38:47.600
to curate their use of social media differently once they're married could be a very useful thing but
01:38:52.960
again we don't have like premarital classes we don't you know you want to get a driver's license
01:38:58.480
you got to take a little test you got to do a road test you get married let's go get married it's no
01:39:02.560
waiting period just go ahead and marry you 50 bucks elvis will do it for you in vegas
01:39:07.360
like but maybe we should be you know people on the right in particular there's a lot of people
01:39:12.080
talking about how how we should get rid of no-fault divorce how there should be more barriers to exit
01:39:18.400
and i've always felt that that's got it completely backwards that's like saying you know oh there's a lot
01:39:22.560
of people with broken bones in hospitals we should just close all the hospitals because then people
01:39:26.640
wouldn't get so many broken bones like i think you're mixing it up i think we should have barriers
01:39:30.880
to entry i think it should be a little harder to get married like if you want to get married in the
01:39:34.240
catholic church you go to pre-cana you have to go and you learn about marriage you learn about
01:39:38.400
contraception you learn about you know there's usually catholic happily married couples that will
01:39:44.000
talk to you about hey here's our city the men will be put in one room and the guy will you know
01:39:48.160
say hey listen you have to learn to do this with your wife and that with your wife and
01:39:51.040
the women will say hey listen men are like this you got to watch out and there's a lot of that
01:39:55.520
there's none of that outside of the religious context i mean that happens in the jewish rabbinical
01:40:00.160
context there's you know people will take time to say hey men this is what you need to learn about
01:40:04.720
your wife women this is what you need to learn about your husband and being a wife and how deal with a
01:40:08.880
husband you know anything like that in a secular context in society so maybe something like that would
01:40:13.520
be useful that's the thing maybe we're not saying is that premarital education barriers to entry
01:40:19.360
might be a good idea well it sort of sounds like pre pre-relationship education
01:40:24.320
really because all of that stuff is going to be useful for for any relationship for any relationship
01:40:28.080
yeah which is interesting because you know if you ask me how much use did i have for like you know
01:40:37.280
algebra or like how to divide uh fractions it wasn't a lot no but if you gave me some education and like
01:40:46.080
how to talk to women or you know how to you know navigate conflict within the context of a romantic
01:40:53.120
relationship because you can't win an argument with your spouse it's not possible it's not possible
01:40:59.840
if you lose you lost and if you win you lost because you've upset your spouse you've made them
01:41:05.360
feel like a loser that's not helpful so you can't win an argument with your spouse someone could have
01:41:10.240
taught you that in fifth grade someone could have taught you that and like we could we could do a better
01:41:14.240
job of teaching people these life skills these real things but we don't i mean maybe it may explain
01:41:19.920
the popularity of my work to some degree is that we're consuming so much i've always wondered i'm
01:41:26.000
like why do tens of millions of people are they interested in what a divorce lawyer has to say about
01:41:30.720
love and relationships but i think it may be for some people the first real education that they're getting
01:41:36.880
on how to facilitate the demise of a happy relationship and you can reverse engineer from that
01:41:42.480
something about how to keep us together you know i'll finish with this it's so funny the the stories
01:41:48.720
that you're telling just remind me of when i back to my former career i remember there was a little
01:41:53.760
boy he was 11 years old and he got in an argument with a girl she started it and she said something nasty
01:42:06.480
and then she burst into tears all her friends swarmed around it exploded everything and i literally had
01:42:15.440
to remove him from the room because it kicked off i had to get somebody else to come and take care of
01:42:20.160
the girls the boys were oh and i had to take him outside and he looked at me went what did i do what
01:42:25.440
what did i do what did i do i said jayden it's something you're gonna need to know and i'm
01:42:31.840
saying it to you not as a teacher i'm saying it to you as one man to someone who will be a man one
01:42:36.720
day and a future man don't ever make a comment or make fun of a woman's way and he went yeah but
01:42:42.720
she said i go it doesn't matter you will never win this yeah and i'm telling you right now if you
01:42:48.320
learn one thing from me learn this yeah never make fun of a woman's weight even if you're right you'll
01:42:53.920
always be in the wrong i'm willing to bet that that lesson stuck and i'm telling you right now
01:42:59.760
it's a lesson that like any man should probably learn fairly early in life like and and it it's
01:43:05.520
also useful in the in the gender context to realize that like there are things you're not going to be
01:43:11.600
allowed to say that a woman might get away with saying like if she called you fat it would probably
01:43:16.160
be okay but you calling her fat is going to you're the villain i guarantee it in this story you will
01:43:21.440
be the villain no matter what vile thing she said to you before so yeah i mean these are lessons that
01:43:27.440
we all know this stuff is true but what is where's the context where we're going to say it out loud to
01:43:32.720
each other you know and i i don't think the place to learn it is when you've already unpinned the grenade
01:43:38.720
i mean he learned it the hard way you know like and i that's kind of what i'm trying to do is just
01:43:43.360
say to people like if you're in my office it's already too late like i'm trying to get you out of my
01:43:48.560
office i'm trying to steer you in the direction that the thought of divorce is just you know
01:43:53.760
something that fleetingly passes your brain when your spouse does something particularly
01:43:57.440
boneheaded but the rest of the time it's something you would never consider so i hope
01:44:01.200
to put myself out of a job i i suspect i probably won't but it's been great having your last thank
01:44:07.280
you thanks for head on over to triggerpod.co.uk where james is going to answer your questions
01:44:11.760
sitting before you is a married man who's only ever been with his wife and francis the forever
01:44:18.720
fornicator as a divorced man who of the two do you envy the most
01:44:25.760
don't forget to click the link in the description of this episode to grab the special cyber ghost
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