Divorce Expert: Slippage Is Tearing Marriages Apart! If Kids Are Your Priority You’ll Divorce!
4639 segments
Every single marriage ends in death or
divorce, but it ends. But the majority
of them end because of slippage. And
what does slippage mean?
Slippage is
James Ston is back.
The world's leading divorce lawyer
with over two decades of experience. He
offers practical nononsense advice for
maintaining healthy relationships.
We live in a society that presumes
marriage is a good idea. You're about to
do something incredibly dangerous that
fails so much of the time. And I think
it has almost nothing to do with love.
But if you get married, here's what I
will tell you. Have you talked about a
prenup? Getting married without one is a
fairly risky activity. But the truth is
is having a child with someone is the
most risky activity in relationships.
There's so much stuff a person can do to
torture you if they have a kid with you.
And what I'll tell you is the people who
are obsessed with their children stop
paying attention to their partner. Which
leads you right to my office.
Okay. So, if you were to give me one
piece of advice to prevent me and my
partner ever ending up in your
consultation room,
if there's a core message to my approach
to relationships, it is that'd be the
only advice I'd ever give to anybody.
James, if you think about the divorces
you've seen in court, was there ever a
case that broke your heart?
Yeah. It was a case that I won that I
should have lost. I remember looking at
the judge and thinking like, you're
letting this happen.
She's going to lose because she's poor
and she can't afford a lawyer. And he's
going to win because he can afford a
lawyer that knows how to put a document
into evidence. And there's something
really wrong about that.
[Music]
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much.
James,
our last conversation, I think, did
almost 10 million downloads and views
across platforms. And I can't imagine
the amount of messages you get on a
daily, weekly, monthly basis from people
that are interested in the subject of
divorce, but also the sort of
interconnected subjects of love and and
marriage and all of these things.
When people contact you, what do they
typically say?
You're absolutely right. Right. I mean,
the number of people that contacted me
after our conversation exponentially
increased. It also very much broadened
the pallet of things people contacted me
about. So, a lot of a lot of my prior
work, a lot of my writing prior to our
first conversation was very much tied to
just relationship issues, divorce
related issues. So, I would get a lot of
messages from people saying, "I'm going
through a terrible divorce. I'm dealing
with this situation. you know, even
though you can't represent me because
I'm in a different state or a different
country, could you give me some general
advice? Um, so people would reach out
with very specific to my career topics.
I got a lot of people talking to me
about the conversation we had about our
dogs and about loss and about the nature
of um you know aging and endings and
whether it's the ending of a marriage or
the ending of a dog's life or our own
lives and how the loss of our pets you
know brings us more sharply into focus
about the mortality of everything around
us. So, um yeah, I mostly get people
saying, "Oh, you you gave voice to
something that I'd felt and um it it was
meaningful to me to do that." And I I
try to write people back and just say,
you know, very briefly like, "I'm so
glad that something in my perspective
resonated with you."
If there was one message that you could
give to everyone that messages you. So,
one singular message. It was a broadcast
message and you had to send it to
everybody that's messaged you about all
of these interconnected subjects. But
you could only say a couple of
sentences. And you think it's the couple
of sentences that would most serve all
of them in one go regardless of what
their issues are because it's a
fundamental message about love and
marriage and divorce and all these
things. What would that message be?
I mean, I've always said that I think
the core truth I've learned in my life
is that the hard thing to do and the
right thing to do are usually the same
thing. So, I would I would often
challenge anybody who reaches out to me
about anything that that they're
struggling with, I would say to them
that what is the hard thing to do in
this situation because that's probably
the right thing to do.
The the other thing I would say is that
although I really appreciate that
someone would reach out to me in the
hopes that I could give them some
answer, I I pretty strongly believe that
the only zen you find on mountain tops
is the zen you brought up there. And and
so I think a lot of a lot of the truth
we know when we hear someone say it out
loud, it's it resonates in a way, but
it's because we knew it was true. We
already knew it was true. Maybe that
person gave voice to it.
When you said the thing about Zen and
Mountaintops.
Yeah.
Can you say that again? And what did you
mean?
Yeah. I I mean, you know, you can also
parse it as the only wisdom we find on
mountain tops is the wisdom that we
brought up there. You know, there's
this, you know, there's all of these
sort of Zen parables of the of the monk
who like in Batman Begins, you know,
sort of in his in his flip-flops and
robes sort of wanders up the mountain
through the cold trying to find the Zen
master at the top of the mountain who
has the wisdom that he can then share
with him. And and very often like that
wisdom is inside of all of us. that
wisdom is something that whether we want
to call it our gut, whether you want to
call it your soul, what whatever you
want to call it, that that the wisdom is
inside of you and that um we we we want
I think sometimes to have other people
validate it for us or say it out loud
because perhaps we're not as articulate
about it, but to have someone give voice
to it gives us the ability to go, okay,
okay, so it's not just me. And I think
that's that's what I mean when I say the
wisdom we find on mountain tops. I I
think we travel very very far to find a
joy and a wisdom that's inside all of
us.
On that point, I as you were talking
about it and the reason I was so peeked
by it is I've got so many friends over
the years who have been struggling in
relationships and in their life and in
their marriages who have thought that
the answer to all of those problems was
to basically get on a plane and move
country or city to go somewhere else.
Yeah.
And so when you were saying that I was
thinking I was thinking back to a
conversation I had with my friend many
years ago where he said you know I'm
going to move to Spain
and you know his life was in ruins
really at the time. His relation his
partner had just cheated on him and was
pregnant. Um and he thought moving to
Spain would solve the problems. And I
remember the conversation with him where
I said like by the way all the problems
of buying a plane ticket with you
like they're going to Spain with you.
Wherever you go you know there you are.
And so I had a friend who was a uh a
hairdresser
and I remember once talking to him. It
was while he was cutting my hair and uh
we got on the topic of you know because
both of us are are someone that people
talk to. You know people talk to me
about their problems in their
relationship as a function of my work as
a divorce lawyer. And people sit with
their hair stylist and they'll talk
particularly women will talk for a long
period of time about the things that are
stressing them out and upsetting them.
And what he said to me is, you know, um,
a lot of women in particular come in and
they say, I I want to cut I want to cut
it all off. I want to cut it all off. I
want to cut it very short. I want to cut
it very different. Like, I want just a
whole. And he said, you know, there was
a time early in his career where he
would give them what they were asking
for. So, if they came in with super long
hair and they said, "I want a little
short, very bob cut, you know, he would
do it." And then he would get a call
from them a few days or weeks later
going, "Oh my god, when can you fix it?
like what do we do? And he said what he
started to figure out is what they what
they're really saying is a very human
thing which is I don't want to be me
anymore. Like I don't want to be me
anymore. Like I can't do it. Like it's
all too heavy right now. Like can I stop
being me? Can I look different than me?
Can I because maybe if I look different
than me I'll feel different than me and
maybe I'll do things differently than
the way I've been doing them. And I
think that's so human, you know, to to
say and that's the same thing about okay
that's I'm just going to move. I'm going
to move. I'm going to like I'm I'm just
as guilty of this as anyone. When I've
had a really stressful, difficult week
carrying all of my clients chaos and
stress and there's just bombs falling
from the sky constantly in my line of
work. I go, "That's it. I quit. I'm
done. I'm done. I'm just going to do
media stuff. I'm just going to write
books. I'm not practicing law anymore.
I'm never setting foot in a courtroom
again. Mic drop. I'm out." And the
reality is I'm tired. I'm just tired.
like or okay if it's true that I'm at a
place where transitioning it then just
cut back it's you don't have to cut all
your hair off like you and I said to my
my friend who's the hairdresser so now
what do you do you try to talk them out
of it and he said no he said I I kind of
play a trick he's like I I do something
a little different but not so different
and then I play up in my reaction to it
like oh I love it like this look at how
it's so nice I didn't take as much as
you But I think this is really and he
said and very often they're thrilled
like they just go oh yeah this is great
because it was symbolic like it was a
symbolic thing for them that no I'm
going to do something different and I'm
going to look a little different when I
look in the mirror and when I look in
the mirror it's going to remind me to be
different but that's inside of you like
I I I mean for me
we wake up every single day and decide
to be who we are or to continue being
who we are. Like and and and one of the
reason why this is always so present in
my mind is because as a divorce lawyer,
people have this very clear image of who
they are and what their life's going to
be. And very intentionally, they went
and put on the white dress and the
tuxedo and they took the vows and they
were like, "This is the path. This is
the path. I'm taking this path and this
is who I am. I'm Bob's wife or I'm Jen's
husband and I'm going to be a mom or I'm
going to be a dad and I'm going to this
is what I'm going to And then it blows
up whether it's 5 years later, 10 years
later, 20 years later, when the kids go
off to college, whatever it might be.
And then they're what they're really
struggling with is wait, who am I?
Who am I now? Like the barn's burn down.
What? Like what do I do? Like what? I'm
not Bob's wife. Then what am I? You
know, I'm Bob's ex-wife. That's a
terrible thing to be. I don't want to be
defined by what I'm not anymore and used
to be, you know? So what do I who am I
now? And you know, watching people
over the course of their divorce
navigate that is one of the most
inspirational things in the world
because people are so much stronger and
more resilient than they give themselves
credit for when they're in the crisis of
it.
Was there ever a a particular case that
you think about that broke your heart?
You're going to try to make me cry
again, Stephen. This feels unfair. No,
it's interesting because I I didn't I
was our conversation last time was so
interesting because we spoke so matterof
fact about the the subject of love and
marriage and then for me to also learn
at the same time that you are a deeply
emotional person.
What is the one case?
I I've had a few. I mean, one of them I
wrote about in my book, which was I
represented I it was a case that I won
that I should have lost. I was I
represented a pimp. That's what he did
for a living. And uh he owned a variety
of of illegal businesses. Uh he's in
prison um for a long long time now. But
uh at the time he had uh very brutally
abused uh a woman who he had children
with. And we went to uh fam there was a
family court proceeding and the lawyer
on the other side of the of the case,
the lawyer who represented his um his
co-parent, his victim if you will, um
was very inexperienced. She was an
assigned lawyer, so I was privately paid
as I am and she was assigned by the
state. So she was getting, I think at
the time, $25 an hour, something like
that versus my 750 an hour. And she was
quite new as a lawyer. She was right out
of school. She wasn't quite sure, you
know, of of what to do and how to do it.
And I was fairly experienced. And a
judge who was very impatient, who just
was in a bad mood that day. I don't know
what he had for breakfast or what it
was, but he was an older judge. He'd
been on the bench for probably too long.
He retired a few years later. The key
piece of evidence they had was a
photograph of the way that my client of
this woman's face after my client had
allegedly beat her up quite badly. And
getting a photograph into evidence is
very easy, but it requires a very
specific phrasing. So what you say is,
"I'd like this to be marked for
identification." You mark the photo and
then you hand it to the witness or you
hand it to the court officer who hands
it to the witness and you say, "I'm
showing you what's been marked as
petitioners one for identification." Do
you recognize that? Yes. What do you
recognize it to be? It's a photograph.
Does that photograph fairly and
accurately depict your face after he
beat you up? Or does it accurately
reflect your face on the date you've
been discussing? Yes, your honor. I'd
like it put into evidence. That's it.
It's easy. Does it fairly and accurately
depict?
For whatever reason, most likely lack of
experience, opposing council,
I guess, didn't know how to get a
photograph into evidence. Now normally
in that situation a judge will be
helpful like they will just jump in and
say ma'am is this fairly but this judge
was just not in the mood and posing
councel said um I'd like this to be
marked and then she said could you hand
to the witness and she said what is that
a photo of so I did my job I said
objection she's asking about the
contents of a document not an evidence
which is my job
judge said sustain
which means
which means my objection is correct. So
she said, "Uh, okay. Uh, I'm sorry. Uh,
who took this photo?" And she said, "I I
I don't I don't know who took it." She
says, "Okay, well, what what is it a
photo of?" Stood up again. Objection,
asking about the contents of a document,
not an evidence. And I could see
opposing council getting flustered
because she didn't know the words. And
my internal dialogue
at that moment was
just say it like just get it right. Like
just say just say fair does it fairly
inaccurately depict is it just say it
like and and and I I remember looking at
the judge and thinking like you're
letting this happen.
You're letting this happen. Don't let
this happen. Like she's poor.
She's poor. That's that's why she's
going to lose.
She's going to lose because she's poor
and she can't afford a lawyer. And he's
going to win because he can't afford a
lawyer that knows how to put a document
into evidence. And there's something
really wrong about that.
And the judge didn't the judge just let
her drown. And she she asked three or
four more questions that were the wrong
questions. And then she just said, "Um,
I I don't I don't know. I don't know
what to say. I'm sorry." And then she
just sat down and the case got
dismissed.
And we walked out. And as we walked out,
my client patted me on the back and he
said, "You know, a good lawyer is better
than 20 stickup men."
And I remember thinking,
"This is this is not a good day. It's
not a good day." And
that case that was a long time ago and
it's it still stayed with me because it
it was I did my job and I I you know I
represent my client but I also represent
the system and I don't always believe in
my client but I have to believe in the
system and I have to believe that I am
not it's not my right to judge people's
case. It's the judge's right like like I
believe in this system. I believe in the
adversarial system, but watching
someone lose who shouldn't lose
and winning when you know you shouldn't
win does not feel good in this line of
work.
Would you take that case again? Exact
same case, exact same person, exact same
scenario. You're asked to go and do it
again tomorrow. Same opposition lawyer.
I would. Yeah. Well, first of all, it's
many years later and I still know that
lawyer and she's actually become a
really good one and I'm really proud of
that.
If she was equally inexperienced, the
same woman, the same circumstances, the
same victim,
you know, if I knew it was going to go
that way, I probably I would turn it
down. I mean, I turned down a lot of
cases. I don't actually know if today I
would represent him anymore. It's a hard
question for me to answer. I see. I
think you don't always you don't know in
the consultation
and like it's not like this guy came
into my office and said, "Yeah, I beat
this woman terribly.
Will you retain will you represent me?"
Like that's very different. No one's
ever done that in my in my office. Like
he came in and he said, "Yeah, she's
accusing me of all these horrible
things. I didn't do any of it."
But you knew he did.
In my gut, I think I knew he did. Yeah.
the more I got to know him. I mean, in a
consultation, you don't know. Like, in a
job interview, you don't know what kind
of employee somebody's going to be. You
know, sitting across from someone in a
1-hour consultation, most of the time,
I'm talking telling them about their
rights and obligations and how the legal
process works. Like, I don't really get
to know them. But throughout the
process, I started to figure out like,
yeah, there's this guy did this.
You said you turned down a lot of cases,
you know, these days. Yeah.
What are the kind of cases that you
would absolutely turn down irrespective
of remuneration?
I turn down cases where I feel like the
person I mean a lot of times I turn down
cases that I don't think they need me.
Like I don't think you need to bring a
gun to a knife fight. Like I think if
you can do it with a scalpel, don't use
a chainsaw. And I'm a chainsaw. So like
don't you don't need me. And so I I I
I'm very honest with people about you
don't need me. I'm not the right tool
for the task. But there are a lot of
cases I turn down that I think people
are using. They want to weaponize the
legal system to punish their ex for
their transgressions, real and
perceived. Like they want to their
spouse was cheating on them and they
want to just litigate them into
submission. They want them force them to
spend a million dollars in council fees
by making ridiculous motions and by
minimizing, you know, their access to
the kids and making them fight for every
single hour of visitation they get with
the kids. Like I I'm not interested in
being a weapon that's used for
Yeah.
for that purpose.
Presumably sometimes your job is to get
custody of kids essentially all the
time,
which means that you're you're basically
taking children away from
a parent.
You can look at it that way.
It's a harsh way to say it, but
I've jokingly said that before cuz when
my kids were little and they would have
those like, you know, bring your dad to
school day
and you know, it was like, "Oh, this is
my dad. He's a firefighter. And this is
my dad. that he's a doctor. And I always
felt like my sons were like, "This is my
dad. He's the reason why your
firefighter dad only sees you on
alternate weekends, you know, and that
felt a little strange, you know, and
there were times where actually I my
kids were in school with people whose
divorces I had I had handled um you
know, their their parents. But yeah, I I
I think um I do have a tremendous impact
on on people's access to their children,
both positive and negative. Like I help
I help people get access to children
that's being withheld from them. I help
people um address parental alienation
and negative gatekeeping, the kinds of
things that are really becoming much
more insidious and prevalent in our
culture where where people are using
children essentially as weapons against
their ex who they're mad at. I mean,
look, breakups on any level are
difficult, you know, and and there's
usually hurt feelings and anger in a
breakup. And I don't think that's
abnormal. Like I think you lose someone
whether it's to death or whether it's to
divorce or just to split up. There's
some anger, you know, there's
resentment. Why don't you love me? Why
don't you love me the way I love you?
Why don't you want to be with me
anymore? What does this say about me?
Does this mean I'm a bad person because
you don't want to be with me anymore?
Like this these are really universal
themes. Like there's almost no one in
the world in any culture that if you go
to them breakups that they don't go, you
know, they get it. Like they get it.
My friend's going through a breakup at
the moment. Um he's been with his
partner for many, many years. And I when
he sent me the voice note explaining
like we've been together eight years,
we've kind of broken up four times, but
um my the he's being broken up with. So
he's the he's the sort of victim, per
se. And
which is the better one to be
really? Oh yeah.
You want someone to break up with you?
Oh, I mean well here's what I'll say cuz
I' I'm have something of a PhD in this
one. I I have to tell you when someone
has been broken up with there's a
tremendous amount unless it was by some
patently awful behavior. you know, like
they got caught with the girlfriend or
the boyfriend red-handed, like then it's
no one's going to give you much
sympathy. But if someone dumps you,
like it's not it's not me, it's you.
Like they just dump you.
There's a tremendous amount of sympathy.
Like if somebody call if I called you
and I said, "Dude, I just got broken up
with." You'd be like, "Oh me, come on,
man. Let's let's go out. Let's tough,
man. We've all been there. Like don't
tell you know what happened." But when
you break up with someone,
there's only so much sympathy people
will give you because, you know, well,
we broke up. If you're so upset about
it, get back. What did you do it for
then? Like you whereas sometimes, you
know, you're just the one who called it
like it's not it wasn't a happy
relationship. It wasn't like you're sad
that it had to end, you know, like I
didn't want to break up. I wanted the
relationship to stay good and it didn't.
So, one of us has to be the grown-up and
say, "Okay, this thing's over now." But
I think that person actually sometimes
deserves, you know, just as much
sympathy as someone who got dumped
because they're both someone who's
experiencing a loss of sorts, even if
it's a loss that it's, you know, I mean,
it's a terrible metaphor. But if someone
said to you, "I have lung cancer." You
would go, "Oh my god, that's horrible."
Like, "Are you okay?" If someone said,
"Well, I was a smoker for 50 years and I
got lung cancer." It's not like YOU GO,
WELL, WHAT DID YOU THINK? I MEAN now
it's of course you're still going to go
oh my god that's terri it's not like you
deserve it. It's I mean yes is it
SHOCKING IT'S NOT AS SHOCKING if you've
been smoking for 50 years but it's still
quite sad and it's still a journey this
person's going to have to go through. So
it's the same thing. It's like I I just
went through a breakup. Well who's who
picked who decided to break up with who
before I tell you if I feel bad for you
or not. Like I don't think that's a fair
way to approach a breakup.
A lot of people want to own the they
want to own it. They want to say that
they broke up with them, right? As well
because that
it's very popular.
Well, there's something empowering about
that.
Yeah. It was my decision.
Yeah. Yeah. Yeah. Or or the like, well,
I'm glad they did because I I'll tell
you the truth, I was about to I was
about to break up with that person, you
know. Yeah. That's very common. I think
that's a pride thing, though, because,
you know, there's something about the
rejection
of it's over, you know, a great example
of this for me, which is is very um it's
always vexed me professionally. So, a
lot of people um I've handled a lot of
divorces where someone
uh breaks up with in a heterosexual
marriage because they are coming out as
gay or lesbian. Okay? So, they end the
relationship. So, in in the heterosexual
example, man and a woman are married to
each other for a period of time and the
man says, "I'm ending things with you
because I'm gay. I've realized that I'm
gay and I'd like to live my life as a
gay man.
my thinking as someone who's never had
that happen to me. My thinking, and
perhaps it's naive, like my experience
has taught me that maybe I'm just
strange, which I kind of knew, but this
is another example of it. If if a woman
broke up with me
and said, "I'm breaking up with you
because I'd like another man better than
you." That's very hard to swallow. It's
like I want one like you but better than
you. Whereas if she said I'm leaving you
cuz I'd like to go be with a woman now.
It's like well I mean I don't I don't
have that. Like I can't give you that.
It's not like I want someone who's a
better dancer. I want someone who's
funnier. I want someone who has
different parts than you. And okay. I
mean that feels a little less like a
reject. You're not rejecting me
necessarily. You're rejecting my entire
sort of gender. you're you're basically
saying this isn't who I want. The
opposite actually happens. It it it
those are some of the most brutal and
vitriolic awful divorces you could
possibly imagine. And they've actually
gotten worse over the span of my career
because over the 25 years span of my
career, when I started,
when someone said, "Okay, my husband is
leaving because he's gay and now he's
going to live as a gay man." it was
actually okay to then say, "Yeah, and
he's a pervert and a horrible human
being." And because there was just such
a widespread homophobia at the time. I
mean, you know, Will and Grace, like
Will couldn't even kiss his boyfriend on
TV. He couldn't really even have a
boyfriend. It was like so, you know,
young young people today have no idea
how in my lifetime that that has changed
so much. Not to say there isn't still
homophobia, not that there's still not
heteronormativity, but the reality has
changed tremendously. the boots on the
ground reality. Now, if your spouse
leaves you for a if if I was married and
my spouse left me for a woman and I'm
upset about it, I'm opening myself to an
accusation of being homophobic.
And and the truth is like, no, whoever
she's leaving me for, it's really
upsetting. or whoever she's been
sleeping with, male, female, anything.
It's upsetting because they're with
another person. So, I I think there is
in that phenomenon of people's breakups,
the sense of like, well, I was going to
break up with them anyway, is like a
pride thing. I think I think there is a
tremendous amount of um of stuff that we
carry around when it comes to those
breakups. I've always wondered what
heartbreak actually is because I I I
flip between thinking okay it's like you
mentioned the word rejection is it a
blow to our self-esteem is it the loss
of a future that we had like built in
our head
because yes
if you can understand what it is I was
thinking about how do I give my friend
advice on it then I then I know what the
advice should be or the support should
be because if it's a loss of this future
then okay I you know I know I'll say
this if it's his self-esteem okay I'll
boost his self-esteem.
Yeah. So, I think it's all of those
things, but I I think it's it's it's an
ending. And I think that endings are
hard. I think that saying to
what I always try to do when I have
friends going through a breakup and even
with clients is that, you know, every
beginning is born of some other
beginning's end.
So, we talked about this the last time
we sat down together where I said that,
you know, I only got Cabba because
Buster died,
which is your dog's.
Yeah. my my dog that passed away 13 14
years ago and my dog that's now 13 years
old and and one one I only got one
because the other died and I love both
of those dogs so much but if I'm being
honest I guess I have to say I'm glad
that I lost Buster so that I could have
Cabba that that sounds terrible because
I don't mean it like oh I'm glad that he
but death like that ending was part of
life just and it made room for the
beginning of the next thing and what I
always try to focus my clients on is
that this relationship is ending and
that's there's there has to be honoring
that, mourning that, feeling that,
seeing it as the transition that it is,
grieving the loss of it, but also
realizing that every ending is the
beginning of the next thing. And and
there has to be an ending for the next
thing to come and for the next beginning
to happen. And I have now watched that
cycle for so thousands of clients over a
span of 25 years where where their life
is ending. Who they I was this person's
husband. I was this person's wife. I was
a dad who lived with his kids full-time
that had them every Thanksgiving. Not
every other Thanksgiving. That I had
them every Christmas Eve, not alternate
years. On in even years they're with me.
In odd years they're with her. Like what
are you talking about? like this is who
I am. Who I'm dying, like who I am is
dying. And I don't know who I'll be
next. And
when you're in that, right? And when
it's your first divorce, it's not mine,
but it's yours. You know, it's very hard
to see like just just like when
someone dies, you know, when when Buster
died, I I said it last time. I I said,
"I will never do this again. I will
never love anything like this ever
again. I'll never let my heart be broken
like this again. I'll never open myself
up like this again. Ever. Never. This is
the worst pain. Why would I ever do
this? Loving anything is stupid. It's
insane. You're opening yourself up to
the inevitability of loss. And yet
Cabba was the such a joy. And now
I'm near the end of that. And and what
do you do?
Well, I I like to believe that now I'm
not saying that's not going to be as
painful when it happens. It will be. But
I no longer believe the world is ending.
Like I understand that like the beauty
of who he is was born of the emptiness
that had to be created by the loss of
Buster. Like I I understand that now.
And so I like I said, will I do it
again? There's going to be a period of
time where I'll say, "No way." And same
thing with love. Like people get
divorced. I had a client last week say
to me, they're they're right kind of in
the middle of their divorce. And I said,
you know, 86% of people are remarried
within 5 years of their divorce. And
they said, "Uh, oh, I am never doing
that. Are you kidding? I am never doing
this again." And every time they say
that, I laugh cuz I think to myself, I'm
like, "You're so wrong." And I get it.
Like, you don't see it right now. Like
right now I know you think that's true
like but you will love again and you
will when you love again like you will
feel it and you will be in it and you
will go a and this one's perfect and
this is great. Like I've done divorces
for people that spent a million dollars
in council fees and went through
absolute hell and and when they're about
to get remarried I go you know we should
do your prenup so you don't ever have to
do that again. Like I'll do it for free
if you want. like let's just do and they
go no no no no this this is real this is
real and I sit there and I think like oh
my god you've just you've learned
nothing at all like you that was real
too until it wasn't like but but this is
you know perhaps you know love is a
delusion brought on by an adequate
lighting I don't know but there's
there's something in us that you know
feels that pain and then there's
something in us that forgets that pain
and I think that that you know that's a
good thing that's a good cycle
I think life is a game you can't win and
so you play it to the utmost. To love
anything is insane because you are
accepting that you're going to lose it.
It's a quote you said. You think life is
a game you can't win.
Yeah. I don't think there's any winning.
You die.
Like that's the only truth. The only the
you know it
every story you know starts the same.
You were born. Like every Wikipedia page
starts the same. They were born. And
every Wikipedia page will end exactly
the same. They died. That's it.
Everything that happens in between is
your life. But those are the only two
inevitabilities. Those are the only two
real things for certain. So I I look at
it as it's a game you can't win.
Meaning
if you pursue money like your money will
eventually be useless. The things you
accumulate with it will be useless.
Every car you own, someone else will
either own it someday or it'll get to
the scrap junkyard someday or it'll
you'll give it to somebody. Like it's
all your material possessions will be
utterly meaningless. Like we all went
through this when the COVID lockdowns
first started. Everybody was like, you
know, I've got all this money and I've
got all these travel vouchers. And
they're like, yeah, you can't go
anywhere now. And it's like, oh, okay.
Well, what do I the, you know, you
started to see the limitations of
things. Have the power go out in your
house sometime. And it'll remind you
that like, oh, wait, yeah, like
everything I have, I just have like this
much of a grip on it. All you got to do
is just take that away and it's gone.
And that's that's it, you know? And it's
the same thing with our health. It's the
same thing with, you know, everything
like everything is totally fine and
wonderful and then you have a terrible
splitting headache and then the only
thing that matters is that headache, you
know, and then that headache goes away
and for like a day you go, I don't have
that headache anymore. But did you wake
up today and go, I don't have a
headache. Oh, and the power's on. Isn't
that great? You know, and I don't have
cancer. Isn't that good? You know, no,
you don't. you walk around going like,
"Ah, you know, I really why aren't why
aren't my page views where they're at or
what happened with this and why did that
person be so nasty to me?" Like we get
caught up in all this stuff when in fact
the only thing that you know again if
you keep you know uh uh Epictatis the
stoic philosopher said like keep death
and everything horrible in your line of
sight sort of momento mori because
nothing will bother you that much if you
have that there. So I think life is a
game that look we're playing it. We're
doing our thing. Love is but all love
all relationships end. Every single
marriage ends in death or divorce but it
ends. Every relationship ends. Your
child you will hopefully predesce your
child but your child will die someday.
That's the nature of it. So we have
created a culture where we really try
not to talk about that. We really try to
just keep that out of our gaze. Let's
not talk about it. Our only depictions
of death are preposterous.
They're like the person in the deathbed
being like I loved you all
and then just beautiful, you know,
beautifully die. Death doesn't look like
that. If you ever spent time with people
on their deathbed, I I I was a hospice
volunteer for many many years and I
spent a lot of time with people who were
dying, actively dying. And I have to
tell you, like you hang out with someone
who's it's it's it's not pretty. It
doesn't smell good. It doesn't sound
good. But it's real. It's natural. It's
okay. It's where it's all going. And and
the reason why I say this is not to be
morbid. It's that we're doing ourselves
a tremendous disservice by not
acknowledging this. Because I can tell
you how many families when I was a
hospice volunteer when their family
member, their loved one would die would
say to me, "It's not that they died,
it's that they died terribly. They died
without dignity." And I would say to
them, "No, they they died like everyone
dies." Like it's okay. Like they just
because it wasn't like on TV where you,
you know, like sort of fade out and say
a few final words and then fade out.
LIKE NO ONE VERY FEW IF anyone dies that
way. It's not how it works. So, we're
not doing anyone like this is the part I
don't understand is that we don't want
to talk about divorce, you know, we
don't want to talk about death. We don't
want to talk about endings cuz I think
there's something in our brain that says
if we talk about it, we're going to make
it happen. And if we don't talk about
it, we'll prevent it from happening. And
that seems to me insane because this
these are things that are absolutely
inevitable when it comes to death and
highly likely when it comes to divorce.
So why not bring them back into the
discourse? And I'll tell you the truth.
I think one of the reasons why
my conversations have become something
people are interested in is because I
think we're all fascinated by this but
we don't want to talk about it over
dinner conversation and we don't want to
you know but but we know it's important
something in us knows this is important
like this is something that needs to be
talked about and thought about.
You did your thesis,
your master's thesis on the subject of
death titled
Well, you do your research
on metaphor and mortality, the semantics
of death and dying.
Yeah.
Why would you write your thesis on the
subject of death?
Well, it was a different life. So, I
this is before I went to law school. I I
had gotten out of I got out of college
with a degree in psychology and I
decided I wanted to um I was a hospice
volunteer. I I um
why
I have to ask my therapist that
question. I I I can give you the answer.
So I when I was quite young uh I think I
was about six or seven years old, my
mother was diagnosed with a very rare
form of cancer called leoyio saroma.
It's a soft tissue saroma
and it's it's very rare. I was way too
young to understand what was going on. I
I just I remember my mother crying, the
sound of my mother crying in the
bathroom and running the sink so I
wouldn't hear her crying, but I I knew
she was crying. I didn't really
understand what death was. Like I
understood that my gerbil had died, but
I I grew up Catholic, so I remember like
you got to go to heaven and that sounded
pretty good because it was like a really
nice place apparently.
And I remember hearing my mother talking
on the phone to her sister and talking
about the fact that she had six months.
And I remember my sister who's six years
older than me explaining to me that mom
was sick and she wasn't going to get
better. And I remember being so young
that I didn't really understand what
that meant, but it was scary and
everyone was very upset.
And then my mom didn't die. What had
happened is depending on how you looked
at it either it was a miracle or it was
science and that is that the tumors had
encapsulated itself meaning that the the
immune system had essentially closed up
around it so it didn't metastasize or
spread in any way they went in they did
surgery memorial slunketing cancer
center and uh she was fine she was well
and then five or six years later it came
back and again I got told your mom has
six months to live At that point, I was
like old enough to understand what that
meant. And I was terrified by it. I was
saddened by it. And once again, she had
surgery. She had all kinds of procedures
and things that had to happen to deal
with it. But once again, she just
miraculously sort of ducked a bullet and
she made it. And three years later, it
came back again.
And then they said, "Your, you know,
your mom has six months to live." And I
remember by that point thinking, "Yeah,
you you don't know how many times we've
had this conversation. Like, I don't
believe you anymore." Like, and and it's
okay. Like, I'm not afraid because I'm
not like it's not going to happen. I
know that something's going to happen
and it'll work out. And it did. Once
again, she had surgery again. She had
seven surgeries over the course of my
into my 20s. And every single time the
prognosis was bad and every single time
they kind of took more pieces of her
unfortunately because the type of cancer
this is sometimes gets into other
organs. And so they had to take you know
they had to take her ovaries forced her
into menopause in her 30s. Then they had
to take they had to change the way her
they had to do a bowel resection. They
had to do all kinds of awful things. And
uh and it changed her. It was a painful
life for my mom. It was very hard. And I
remember
though from a very young age being
forced to think about death, being
forced to sort of see death as something
that was just there and that it was part
of things and that there was no way
around it. And it it just became
familiar. It became sort of this
person in our home, you know, this
possibility that was always there.
And I remember every time I would get
the call that my mom's cancer had come
back, there would be some part of me
that thought, "Oh, is this the phone
call?" Like, "Is this the one where this
time she's going to die? Like, is this
the one?" And most of the time it
wasn't.
And 10 Yeah. 10 years ago,
um, once again, she had a recurrence.
She was supposed to have a very complex
surgery. My dad and I sat in the waiting
room. My parents were married for 50
years. And uh we sat in the waiting
room. It was supposed to be an 8-hour
surgery because it was very complicated.
And the doctor came into the waiting
room a half an hour into the surgery and
said, you know, we opened her up. It's
like a bomb went off. There's nothing we
can do. We're going to close her up and
put her on hospice.
And um she passed away eight years ago
after you know she was on hospice for
over a year. Um and she died with us all
around her.
And there was something
about the reality that we had been able
to talk about death for so long that
there was a tremendous peace there. Like
there was a tremendous sense of well
this was going to happen. You know this
was part of our life. you know that this
was what was going to happen and she had
a tremendous piece about her because it
had been part of her life for so long.
So when I was in my late teens, I think
my mom had had three or four rounds of
this this cancer thing. I just remember
thinking
I I have to confront this. I have to
spend time around death. You know, I
again I'm strange. You know, I was
always afraid of spiders. I didn't like
spiders when I was a kid. So when I went
off to college, I bought a tarantula and
I put it in a glass terrarium next to my
bed so that every morning I would wake
up and there was just this giant spider
sitting there next to me and I'm not
afraid of spiders anymore. And it it got
rid of that very quickly. And so I
thought, you know, this is something
that's been around me all the time and
it's something I'm not quite at peace
with, so I'm going to confront it. And I
went and did a hospice volunteer
training. And I remember I, you know, it
was a weird thing for like a 20-year-old
to do. I had just gotten out of college.
I was 21. And uh I think I was the only
person under 60 who was in this
volunteer training. And hospice
training. Hospice volunteer training I
would recommend to anyone
because they do things like they make
you write your eulogy.
Your own eulogy.
Your own eulogy. Yeah. Yeah. They make
you write your own eulogy. Like and it
can either be if you died right now,
what would the eulogy be? Um or if you
died in your idealized future, what
would it be? Um, they make you write
your own obituary. Like they make you
confront the reality of thinking about
death and and thinking about your own
death and death of the people around
you. And then after you've been through
the training, they assign you families.
And
I intended initially just to do it as
sort of a part-time thing in the summer
after I'd graduated college. I was
working as a waiter and I had a lot of
time during the day because at night I
was I was waiting tables and um I got
assigned to a bunch of families one at a
time and and I I loved it. It was the
most
it was the most it was the most
life-changing thing I've ever done. Like
it it it uh there is something about
when you're a hospice volunteer and
you're just brought into a home and
you're just there to be of service. like
you're just if they want to talk, we'll
talk. If you want me to help do the
dishes so that you can hang out with
your loved one, that's great. I'll do
that. Like I I did yard work. And a lot
of times like people cuz caring for
someone who's terminally ill in your
home is hard. And and like things like I
want to run out to the store and get a
few things myself. Like that's hard
because you don't want to leave this
person alone. So a lot of times I was
just there to sort of be relief just to
sit with someone. And um and and every
time I would walk out of a hospice
home, I felt like
I don't know. I felt like a Zen monk. I
felt like like I could hear the rain.
Like I just felt like
I'm alive.
Like I'm like that that's not happening
to me yet. Like I'm not there yet. Like
that's not that's not someone I love in
that bed. Like I I have love for this
person. and I want to be there for them.
I'm here of service, but that's not my
father. That's not my brother. That's
not me. It will be someday. And one day
it was. One day it was my mother. But it
wasn't me. And I have to tell you,
there's something about going through
that experience when you're in your 20s,
when you're so self-centered, and you're
supposed to be. You're kind of supposed
to be self-centered in your 20s. You're
supposed to say like, "All right, what
am I going to do with this life? What am
I going to do with these hands? What am
I?" But there is something about at that
stage in life to be told whatever you do
with these hands, whatever you do with
all this, that's where it's going to
end. That's where it's going to end.
Best case scenario, best case scenario,
it's going to be in your own home with
your family around you. Worst case
scenario, it's going to be on the street
somewhere prematurely, you know. So, I
was fascinated with death. And I I
decided I was going to go to graduate
school and I was going to study than I
was going to study death and dying. But
there really aren't any programs in
that. So I went to New York University's
Department of Culture and Communication
and I found um uh Neil Postman, Dr. Neil
Postman, who was going to be my because
NYU of back then and still gives you a
lot of opportunities to kind of create
your own curriculum. As long as it's
something serious, you know,
academically serious, and as long as you
can put together like an amalgam of
classes from different disciplines,
they'll let you put together something
very individualized. And so I put
together a a study about our the
cultural approaches we have to death and
dying. And my master's degree thesis was
called the semantics of mortality or or
I'm sorry metaphor and mortality the
semantics of death and dying. And it was
published in a journal called etc um
which is the journal of general
semantics. And it what I did is I
studied the words we use to talk about
death and what they reflect on how we
think about death. So like you know I
remember when I was a kid and our our
dog when I was a child had to be um had
to be euthanized. I remember the doctor
saying we're going to put him to sleep.
And I remember thinking no you're not.
He's going to die. He's not going to
sleep. Like I'm going to go to sleep
later. Like he's not going to go to
sleep. He's going to go to death. like
why are you calling it that? And I
understood why obviously as an adult
like it's a in a primitive culture
someone it's an eternal sleep. It looks
like I mean you're asleep you look like
your dad you know I've held a mirror
under something be like all right and I
will I understand where these med like
doctors I I explored doctors talking
about we lost the patient like what what
you don't know where he is like no you
you know what room he's in no we lost
the battle the battle against death
you're definitely going to lose that
battle like that's they death's record
is amazing death always wins like so if
you're setting it up for that battle.
Like that's a that's a bad battle.
We just don't want to confront it
though, do we? That's the essence of why
we use the words like pass on, pass,
which is fascinating to me because it is
the only certainty we have and we act as
if we are certain it's something bad
when in fact absolutely no one can say
with certainty what it is and what
happens except that it's inevitable.
Having spoke to so many people in their
final days, weeks and months and final
minutes, I'm really compelled to
understand what I can learn from them
about how I should be living my life
based on the types of things they then
say to you, focus on prioritize.
Yeah, that's it's that is true. Like you
can learn a tremendous amount from that.
And here's what I will tell you. I
learned they don't talk about death.
Like you go through this hospice
training where they're they're they're
very much preparing you to talk with
people about their fear about their
death or their imminence of their death
and all people really want to talk about
is their grandkids, their kids, their
wife, their husband, what they did for a
living and what they liked about it.
Like most of the time people talk about
like the things that made them happy.
Like I I spent a lot of time just
listening to people tell me about tell
me happy stories about their life.
telling me moments that and it made a
lot of sense to me. Like it made a lot
of sense to me. Like if I said to you
right now like what are five moments in
your life where you just felt loved and
happy like you could stop and close your
eyes and and and there'd be like and and
what a comfort it would be like to have
those. And every once in a while like
when you're in that moment you go I'm in
one of those right now. like I'm gonna
remember this moment, you know, and but
most of the time you don't like most of
the time it just happens and then you
look back and you go, "God, I remember
that kiss, you know, or remember that,
you know, that meal or remember that and
and you don't see it when it's
happening." And that for me is is what I
really learned from doing hospice work
was that like all these people wanted to
tell me about was, you know, when they
were alive, like really alive, not
laying in a bed dying. Like they want to
talk about like, yeah, I did this or I
saw that. And, you know, I I learned it
in my mom's passing. I remember my last
day with my mom before she became so ill
that she was not mobile and and not not
really functional to have a discussion
with. I just remember we just sat there
and I told her about like how great my
sons were doing, her grandchildren, how
great they were doing and and I talked
about how happy I was and like just how
great life is and how great I feel. And
I just remember like she just was I
remember thinking like, "Oh, that's what
I would want." Like I would want to know
that like, "Yeah, you did it. Like you
did great. Like look at look at all this
stuff that's here because of you, you
know?" And to me, like that that's what
hospice work very much taught me was it
it it taught me that that um no one's
really going to care that much about you
know some of this stuff that seems so
important. Like it's just not
that important. like like the people
talked about their kids, they talked
about their grandkids, they talked
about, you know, the love of their life
or if they if they had survived that
love and and they, you know, they talked
about how like, oh, maybe, you know,
maybe I'm going to get to see them
again, you know, and and it's very funny
because I I remember
I remember talking to someone a few
years ago and saying something about,
"Oh, you know, I wish my mom had been
alive to see me do you know this thing
and they said oh I I you know I I bet
she's seeing it like I bet she's seeing
it from you know cuz this person was
religious and I remember thinking you
know I don't believe that but I really
hope I'm wrong
like I really hope I'm wrong that would
be amazing like that'd be wonderful it'd
be beautiful you know so I I think
hospice for me the reason why I I got
into the hospice work the reason why my
research interests became death related
um was that that Uh, I just think life
is better when you have those things in
front of you. When you when you remind
yourself of the inevitability of
endings.
We're just the imagination of ourselves.
Those are words that you said. You said
we're just the imagination of ourselves.
There's nothing to be afraid of.
Everything's connected. We're just in
one state of being now and then we'll be
in a different state of being. There's
probably a benevolent force out there.
That was something that came to me as a
function of of of um of my my
experiences with psychedelics very early
in my life is um was that realization
was the realization that everything is
connected and that there is some
benevolent something underneath all of
it and that there's nothing to be afraid
of. And I think some of that was a
function of course of of growing up in
an environment where you couldn't deny
death where it was sort of always
present. And perhaps that was on my mind
at that stage in my life when when I had
those profound experiences. But um
that's stayed with me. That's never gone
away. That's been very um very much a
part of my view of things that that um
that perhaps we are just one
consciousness experience itself
subjectively and that we we are just you
know I heard what was it Pete Holmes the
comedian recently talking about how you
know people say that like oh we came
from nothing I don't believe in God I
believe in nothing and you know he has
this whole bit about him he's like
really so like instead of believing in
God which is something that you can't
touch can't prove, can't photograph, and
science can't prove or disprove. You
believe in nothing, which is something
you can't see, touch, feel, science
can't prove or disprove. Like, so if
you're nothing just spontaneously, you
know, creates everything, that's pretty
impressive. Nothing in the scheme of
things. So I think I think that I am
very much a believer in the fact I like
to believe whatever the name of it is
whatever we want to call it having spent
a lot of time with hospice patients and
having thought a lot about death
I I'd like to think that we you know we
are drops of water and that when we die
we return to the sea that we just merge
with our creator again. And I'm not I'm
not really worried that Jim stops
existing like cuz I don't remember what
I was before Jim. So I have no reason to
think it was something terrible and I
don't know what I'll be after I'm Jim.
But I have no reason to think it's going
to be something terrible. It could just
as easily be it's going to be something
fantastic and that I'm going to get
there and go, "What? What? Why didn't I
get here sooner?" you know, and if there
was a god, then he might greet me and be
like, "Yeah, why are you guys so fixated
on not getting here? It's awesome." You
know, like that temporary thing, like
there's a reason why as an organism
you're supposed to just there's all
these things that'll kill you. Like it's
supposed to be that that happens sooner
rather than later. But like that's it's
a very uncomfortable thought. Like it's
an uncomfortable thought that like this
might be hell or this might be the part
that we should be afraid of. Like this
might be the part that's really hard.
Like maybe what's before it and what's
after it's really the easy part and
what's happening here is what's
challenging. Like when someone dies.
I've always thought to myself like when
someone dies like the people who suffer
are the living. Like the person who's
passed they're gone now. That's why I
never believed in the death penalty
because they were like we're going to
punish this person by they're going to
die. I'm like, well, my grandmother
died. I I didn't like to think that it
was a punishment. Like, put them in a
box, feed them terrible food. That that
sounds like a punishment, you know,
like, you know, make them watch bad TV.
I don't know, something. But death,
like, death to me doesn't I don't like
to think of death as a punishment. I I I
I'm enjoying this ride and I'm enjoying
this body and I'm enjoying all of this,
but I'm not terrified of that. I'm
genuinely curious. I'm genuinely
curious. And when the time comes, I want
to face it with open with, you know,
clean hands and an open heart.
Where does acceptance play in dealing
with an ending? Like how important is it
to accept? And when you when you meet
your clients as a divorce lawyer now, is
part of the suffering the resistance to
accept the situation?
Yes. even if it you it wasn't your fault
because you know this is sometimes
people conflate this idea of acceptance
with like you know justification I'm not
saying justification I'm saying accept
this is the situation you find yourself
in
yeah I I think that's very very astute
and very real I think there's a step
before acceptance there's a number of
steps before acceptance but but the
first one is acknowledgement like I
think you have to acknowledge that
something is happening before you can
start because acceptance has to do with
adjusting your emotional state and
reaction to it. Changing the level of
tension in your body about it. You know,
like every time I've ever gone to the
dentist, you know, there's this part of
me it's like, "Oh, here it comes. Oh
god, here it comes. This is going to
hurt. Here it comes." You know, and it's
like I'm ready. I'm bracing. I'm
bracing. And And I have to remind myself
like, "Wait, stop. Don't do that."
Yeah. Stop. Soften. Soften. Soften over
and over. Soften. It's one of the
reasons I love Brazilian jiu-jitsu
because when you're a white belt in
Brazilian jiu-jitsu, everything is like
resisting everything, you know, trying
to stop everything and and then you you
start to learn like, oh, no, no, no,
like soften, like yield, like just, you
know, protect the neck, move the hand.
Okay, go ahead. Try and choke me. Like,
you're not going to do it. Like, and and
there's something about that like not
trying to resist the thing, but
trust what you were saying there about
trust. trust in how natural something
is. But it's acknowledging first, okay,
here is the reality of my situation.
This marriage is ending. Like there
there's a there's a a a
Zen parable or saying I heard many years
ago, which is
if you don't learn to find joy in the
snow, you will have less joy in your
life and precisely the same amount of
snow.
reality is reality. Like I I broke my
favorite teacup. I can be happy about
that. I can be angry about that. I can
be sad about that. Either way, my teacup
is gone. It's gone. That's it. Like, and
so I think that the acceptance piece
first requires, okay, my life is finite.
My life is finite. My marriage
is not permanently gifted to me. Love is
not permanently gifted. It is loaned.
Whether it's the life of my my life, the
love of my dog, the love of my romantic
partner, the love of my children, it is
on loan to me. It is not permanently
gifted. So that's just acknowledgment
first. then it's not pulling from that
yielding from like it's it's about
softening softening and realizing that
okay so now what do I do with this like
what do I do you know there's something
about
my my therapist once said to me we were
talking about um
we were talking about like resisting
change in life I was going through a
transition in life and and I was having
a hard time with it and he said you know
Uh he said you're very curious. He said
you
you try to like swim against the current
and it's not going to work
or you just let go and let yourself go
with the current and that's not going to
work. So you try to like I'm going to be
the ocean and that doesn't work. He's
like surf.
He's like surf. He's like surfing is
kind of the perfect balance. like you're
not trying to fight the wave. You're
trying to take it where it's going to
take you, but you're going to impose
yourself on the process a little. You're
going to use technique, patience, you're
going to use your body, and you're going
to try to just see because there's an
element in surfing, just like in
jiu-jitsu, just like in so many things
in life, of like yielding, but also
maintaining an active role, right? And I
think that is in the demise of a
relationship or the loss of someone
because of death or again any transition
any ending. First it's about
acknowledging the reality of what we had
what we were you know what our health
was whatever it might be and then saying
okay and now this has changed and I can
resist it or I can yield to it. I can
accept that this is what's happened. It
is snowing. My teacup is broken.
Whatever it is. And then
you can see what's next because again,
we don't know what's next. We don't know
what that will lead to. Like some of the
worst things, some of the moments in my
life where I went, "Oh my god, I'm never
getting through this gave way to some of
the greatest moments in my life." Like
just when the just when the caterpillar
thought its life was ending, it became a
butterfly. You know, but it had the
world had to end. Like imagine being the
bird in the egg. You know, you've been
warm and happy. Imagine being in the
womb. Like you're warm, you're happy,
everything's being fed to you. It's like
lovely. You're just buoyant and floating
around. And now if you're that bird, you
got to break through a shell and get
into this cold weird world. You don't
know how your wings work yet. Or if
you're a baby, it's like all blood and
screaming. But you got to do that to get
to the next thing. And the next thing is
beautiful. Like the bird only gets to
fly because it broke through the egg.
And it only broke through the egg
because it was brave enough to destroy
the only world it's ever known. And
that's how I look at divorce in some
ways is that divorce is like this whole
whether I'm the one ending it or my
partner is the one ending it. Like
something is ending that I never thought
was going to end and it's done. And now
what? I don't know. I don't know what.
But I have no reason to think it's going
to be horrifying. It might be incredibly
beautiful, but it's it's the road ahead
of me now. And and that to me, there's
something very beautiful about that
level of acceptance,
but the lights are off.
The lights are off on that road. It's a
it's a road with no street lamps. And
that's what the uncertainty of
Yeah, it's scary.
It's scary, right? We humans are
particularly bad with dealing with
uncertainty. I learned this when I when
I studied um Uber Labs, which is this
laboratory they had at Uber to figure
out how to build the perfect taxi app.
And they discovered that much of the
reason why we love Uber is it cuz it
kills the uncertainty that we used to
have when we called the taxi on the
phone and then we had to stand there for
seven or maybe 17 minutes
hoping that it was coming. And it's the
same analogy you might find if you know
you go to an airport and it says flight
is delayed. Now flight delayed is much
worse than flight delayed 2 hours
because I can work with that.
But flight delayed
Yeah.
with no certainty around how long I'm
going to be stood in this airport for is
like mental torture. And it's the same.
And the truth is there is something I'm
I'm not look I'm not polyiana about it
like there is something terribly
frustrating upsetting difficult about
your flight being delayed or your flight
being cancelled for example but I in
Frankfurt Germany
I had the I think it's the best meal of
my entire life at a little tiny
restaurant.
I only had that meal because I was
flying back from Poland and had a stop
in Frankfurt that was supposed to be for
one hour and because of snow they
canceled all the flights to essentially
to the United States and I was stuck in
Frankfurt for the night. Now I I
certainly had a few moments of like are
you kidding me? Like I have work, I have
this, I have that. But then something in
me went, okay, like you can be upset
about this all you want, man, but it
ain't gonna make the flights happen and
you can't walk home from Frankfurt, so
what are you gonna do? You've not been
in Frankfurt before. See what happens.
And I walked around Frankfurt and I
found this amazing little restaurant and
it was I think still to this day the
best meal I've ever had in my life. And
I've gone back to Frankfurt three times
just to eat at that restaurant. And I
the hotel that I found because I was
like, "All right, I need a room. I need
to get a room somewhere." Turned out
became one of my favorite hotels and I
stayed there several times. So, you
know, again, if you'd said to me in
advance, Jim, would it be awful if you
got stuck in Frankfurt? I would be like,
"Oh my god, that would be so bad. I have
a quarter appearance tomorrow and I have
this to do and I have that to do." My
life would have been so much poorer if I
hadn't gotten stuck in Frankfurt. I had
like four amazing trips and a bunch of
amazing meals and all these incredible
experiences because one time my flight
got cancelled because of snow. And I
tell you something, I I'm really really
glad that flight got cancelled. I wasn't
at the time. At the time it was very
frustrating. I'd call my assistant in
the middle of night and be like, "All
right, you got to cancel all my stuff.
You got to reset." But the truth is like
you just don't know. You just don't
know. You won't know. You won't know
until you're sitting ideally in a bed
and there's a hospice volunteer sitting
next to you and you're telling them all
about the amazing meal that you had in
Frankfurt that one time, not you know my
flight got delayed once.
You said earlier at the start of this
conversation, no one intends to end up
in the consultation room um with a
divorce lawyer. But I wondered when you
said that, I thought, do you know what?
I bet you've met someone in your life
that did intend to end up there. I
someone that got married because they
wanted the divorce.
Yeah. Yeah. I'm sure I I I have met So,
I've met people because I'm in in the
high net worth and ultra high net worth
space. High net worth we define as like
10 to a few hundred million and ultra
high net worth is like 500 million and
up
in in those spaces. Yeah. There's a
there's there certainly are people that
get married
to a wealthy person for what will be
great financial benefit,
but a lot of them are not planning on
cashing the chips out necessarily. They
see it as a possibility,
but they more often are like, "Oh, no.
I'd like to ride this ride as long as
possible because the amount of money I'm
going to have access to with this person
is much greater than even if I divorce
and take some of their things. So, um
that that is certainly I I would the
overwhelming majority of people like
99.999%
of my of clients I have met in a 25-y
year career did not mean to get
divorced. They they they move towards
divorce and eventually many of them go,
"Oh yeah, this I saw early on we were
doomed." But you know, love is so
intoxicating. We fall in love so fast,
you know, and we really do like have a
tendency to in the early days like we we
tend to just be so forgiving of a
person. I mean, thank God that passes to
some degree. Could you imagine like
that? You know when you first are with
your romantic partner like they brush up
against you and it's like electric that
feeling you know because you we couldn't
what would we as a world get stuff done
if we felt like that forever about our
romantic partner if 10 years into the
relationship when your partner brushed
up next to you at the sink you went like
oh god YOU WOULDN'T GET ANYTHING DONE
like you wouldn't get anything done you
we would be a very unproductive world so
thankfully that fades and changes I I
hope it never goes completely away for
for any couple but It becomes
manageable. You start to see this person
a little more clearly. Hopefully still
with tremendous optimism.
What's the quickest marriage you've ever
represented?
Quickest marriage and divorce. Marriage
72 hours.
From marriage to divorce.
From marriage to divorce.
Yes. Marriage to marriage to anulment in
that situation. But I've I've seen
divorces that were 72 hours.
Were they drunk? What was the
Yeah, it was in one it was that they
were drunk. In one it was um I don't
know how to put it. It was almost like a
It was almost like a game of chicken
that went too far. Like they were they
had just sort of started dating and one
of them was like, "I bet you wouldn't
get my name tattooed on you." And
they're like, "Oh, yeah." And then they
went and got their name tattooed on each
other. And then they were like, "Well, I
bet we I wouldn't I like you, so I'd get
an engagement ring." And then they went
and got an engagement ring, and they
were like, "Oh, yeah. Well, I would I
you know, would you marry me?" And then
they got married. And then I think like
they probably had a great night. Like
that night was probably that might have
been some mindbending sex, but then two
days later they were like, "Wait, you
know, do you you don't actually want to
have kids?" Oh, because I do. And like,
oh, you're you know, like and they
realize they were just fundamentally
incompatible people.
Have you seen any patterns there with
compatibility then? If if a couple walks
in and they've been together for I guess
when you look back at the types of
people you've represented
um is there a certain length of
engagement and boyfriend girlfriend
phase that is typically conducive with
it working or not working?
No, I don't see that pattern. I I'm
constantly I'm very fixated on pattern
recognition. So I'm constantly thinking
I'm always looking at same religion
different religions or religious versus
non-religious or older and younger older
man younger woman younger man older
woman like what what permutation same
culture different culture same races
different races like first generation to
the US or you know both first generation
or neither
um I I don't I don't see those patterns
I really I I if I did I'd be the first
to say it you know I don't hesitate hate
to say stuff, but I I've not seen those
patterns. I I have found if I was to say
there was any any pattern, it it it
really is um
I I think substance use is probably the
main thing like that if if one or both
people are big drinkers or drug users,
that's usually a good indication that
the marriage is going to lead to divorce
because substance use issues tend to get
worse in either both people, which
causes all kinds of second order
effects, or more commonly, one person
when they have kids or when they reach a
slightly different stage in life
scales back on alcohol or drug use and
the other person has an unhealthy
relationship with the substances and it
gets further down and that's the
direction that it goes in. I had um you
said something earlier which really piqu
my interest as well which kind of
relates to this is you said love is
loaned and I I immediately thought of a
friend who who brought me to a
restaurant one day to basically tell me
that him and his um wife were being
divorced and the way they described it
was quite heartbreaking because
it seemed like they had a good
relationship. It's kind of like they got
busy with their jobs and the kid and
they forgot to water the plant.
Yeah.
It's like the only way I can describe it
because they were like good people. They
didn't really appear to argue at all.
They had this kid. They're both CEOs.
She's a CEO. He's a CEO.
And it's like they like raised the kid
and forgot to water the relationship.
Yeah. Yeah. I I've I've always phrased
that as they lost the plot. Like that
they were because when you get married,
you're trying to write a story together
and sometimes I think you lose the plot.
Like you know when you're reading
and like all of a sudden you stop and
you go, I don't really remember where I
am in this. like and you got to go back
a few pages, you know, to like, oh,
okay, I remember this part. Let me start
there.
I think sometimes we lose the plot. And
I and when we I think that happens in
every relationship, every long-term
relationship, I think sometimes you lose
the plot. Like other things are going on
at work or you have kids and and kids
require a tremendous amount of your
bandwidth. So, I I get it. But I think
if you lose the plot, that's where it
it's like hard to it's a it's again
acknowledgment of it, like awareness,
truth, being honest, and saying, "Hey, I
feel like we lost the plot." Like I feel
like there's, you know, we lost the
plot. How do we get it back? Like how
But but the problem is
when you say to your partner, "Hey, I I
feel like we kind of lost the plot."
rather than hearing that as, "Hey, this
is really important to me. You're really
important to me. Yeah, work's important.
Kids important, but you and me, you and
me, that's really important." Like, it's
equally, if not more important. So, I
feel a certain way. I I feel like we've
lost the plot. And And I'm not saying
that's your fault. I'm not saying it's
my fault. I'm saying it's the kids'
fault. I don't know whose fault it is. I
don't really care. But I don't want to
lose the plot because I care about you
and I and this plot, this story is
important to me. People don't hear it
that way. People hear it as we lost the
plot. Well, what do you want me to do
about it? Like I, you know, oh, okay, so
I'll just ignore the kid. What do you
What What do you want? I'm sorry. I'm
doing the best I can. And that's like
that's not the way to hear that. I I
understand. I think it's very human to
hear it that way. But I genuinely
believe that that, you know, yeah, it's
like you forgot to water the plant.
Like, and nobody meant to kill the
plant, but you kill the plant because
you weren't thinking about the plant.
And by the way, plant's right there. YOU
WALK PAST it every single day. You just
not once thought, "Oh yeah, I got to
remember to water the plant." And so I
think it's very easy in marriage, in
long-term relationships, it's very easy
to just forget that this is you're
borrowing this, you know, this is not
yours. Like this person's not yours.
This person is loaned to you. And it's,
by the way, it's the same with death.
Like this person is loaned to you. They
could be taken away.
By divorce or by death, they could be
taken away. Every marriage will end in
one of those two things. Death or
divorce. For sure.
You've used this word slippage before.
Yeah.
When does it happen and what does
slippage mean?
I mean, slippage is everyone understands
slippage, I think. Like it's not like
you eat cake and then the next day your
suit doesn't fit. Like you just make
lots of little choices and those little
choices add up and all of a sudden your
suit doesn't fit and you go, "Wait, when
did that happen?" You know? And I think
it's the same thing in relationships.
Like we You know, Ernest Hemingway said
in um The Sun Also Rises,
um I I went bankrupt the same way
anybody does. Very slowly and then all
at once. And I think that's how that's
slippage. Like it's just little
raindrops that eventually become the
flood. And and I think that's what
happens in relationships is you you
start to with good intentions,
you're focused on other things. Maybe
you start to go, "Hey, I got this." Like
cuz you know when you were single,
finding the one was big. That was big.
That was a big priority in your life.
And then you found them. And then
there's like a whole bunch of just
high-fiving and celebration. And it's
like, oh, this is so great. I FOUND THE
ONE. YOU FOUND YOU WANTED THE ONE, TOO.
AND YOU FOUND IT. IT'S ME. IS this
great? And then you go, "All right, we
got that. Now what other stuff, you
know, what other stuff can we do?"
Because now like I'm supercharged. I got
you. You got me. We're gonna do this
thing. And you go and what do you do?
make new life or you make careers or you
go amazing places LIKE YOU'RE DO IT'S
NOT ENOUGH IT'S NOT enough to just go we
got each other and it's so fun and let's
just tuck in here and just stay together
you know and I I always laugh with
friends by the way because I can always
tell when someone's like in love because
they put on a couple of pounds you know
cuz they really do because they're just
they just go like do I want to like get
up and go to the gym or do you go want
like sit on the couch and eat popcorn
and watch something yeah let's do that
you know and it's just sort of like you
know you're just so it's love weight
it's happy love weight. And I I love
when I see it on somebody. Like it looks
good on everybody, you know? Much better
than like if you believe me, like if you
look at photos of me from when I had an
eight pack, it was the most miserable
time in my life cuz I'm at the gym just
trying to beat the pain out of me, you
know? So I I I think it's very very
normal that people in that heaviness of
that. Okay. So when that fades and now
we're like in a sustainable pattern of a
relationship and you're focusing on
other things, little tiny things start
to, you know, and you don't want to make
a thing of it. You don't want to say
like, "Oh, by the way, calling a foul
here, throwing a flag on that play." No,
you just sort of go like, "Oh, no. It's
it's just a little thing. It's not a big
thing. Don't worry about it." And I
think that's the that is how the process
begins and it leads right to my office
someday.
Jordan Peterson said something to me.
Jack, have you got my phone? Yeah,
I just wanted to play you this um 30
seconds of something he said.
Everybody keeps telling me I have to
have a conversation with Jordan
Peterson. This
it would be fascinating.
I imagine two people are telling him the
same thing, which is
my friend is um going through some
difficulties in his relationship and I
sent him this little clip which I
honestly I keep this clip saved in my
phone. I have to send it to so many of
my male friends.
But this is what Jordan says and it
relates to slippage.
Here's something to understand about
your marriage. Okay, you are going to
have to listen to your wife 90 minutes a
week. Okay, and you might as well just
get that through your thick skull. Now,
why? If you listen to her enough, you
can make peace and you can play. So,
there's a huge benefit. If you don't
listen to her, that will accumulate
and you'll listen to her in divorce
court.
Someone sent me that. I don't think it
was you. Someone sent me that. So, yeah.
Yeah, I mean I think that's a piece of
what I'm talking about for sure. It
feels a little like the advice last time
I was on I was saying I I found
offensive which is happy wife, happy
life. Like I think there's this sense of
like well what a man has to do is just
sort of tolerate the like listen I I
don't think most men like don't want to
listen to their wife for 90 because that
impo that seems to me and I know he's
being hyperblock and I love Jordan's
work and I I I find him fascinating and
I really enjoy him but when when someone
says to me like oh you have to listen to
your wife for 90 minutes a week like
that feels like you're going to sit
there and be like how many more minutes
do I have to do was for, you know, there
was a time where you couldn't wait to
hear her. Like she was interesting and
she was interested. But do you think the
women that are listening to this right
now that have husbands and boyfriends
Yeah.
think they their husband and boyfriend
likes it when they said, "Hey, hey, hey,
we need to talk about something."
But see who when in your life has
someone saying that to you been a
precursor to something good? Hey, we
need to talk about something THAT THAT
NEVER THAT'S LIKE, you know, is this
siren A GOOD SIREN? WHEN is this siren
ever good? Like there's certain phrases
we really need to have a conversation.
That is not a good entry point. And
that's not because it means there's
something wrong. But before you get to
that, like how many women,
you know, would say that that, you know,
in the interaction with their spouse,
like they don't want like a let's have a
90 minutes in the penalty box where you
have to listen to me talk to you. Like
that seems terrible. You know, the the
thought of of of having to do that as
like a practice sounds sort of like, all
right, well, if I endure that for 90
minutes, the the bonus is I get sex or
something like, and that seems crazy to
me.
As a divorce lawyer,
if you think about the divorces you've
um seen in court and you've sort of
consult consulted on, etc., Do you
believe that if that couple had spent 90
minutes a week, sat down openly being
honest with each other, they would have
ended up in your consultation room?
I think if they'd made a practice like
that as something deliberate, I I mean,
maybe it would make a difference. I I
think what's more important than the the
structure of a ritual and the the time I
I have a better practice than that. I
have um so I have a chapter in the book
called hit send now where I talk about
sharing with your partner kind of
promptly when something has rattled you
the wrong way without saying we need to
talk like just giving like and I I
suggest people do it via email so that
it's like you can say to your partner
like hey listen like I want you to
reflect on this like you don't have to
answer right away you don't have to be
defensive and also you can be careful
about how you parse it because not
everybody's is very sure-footed in their
speech, right? So, sometimes people if
you just try to do it face to face,
sometimes it's not going to come out
clearly. So, if you're writing, you can
edit it. You can be careful with it. But
I I genuinely think sometimes people
just need to check in in a relationship.
And by the way, you have to if you want
that, you also have to be willing to
accept that in your direction, right? So
I have a friend I have a a friend who
read my book and he was a friend who
actually then read my book and he said
that he and his wife go for a walk once
a week and they make a deliberate
practice during that walk of sharing
with each other one or two or three
things that the person
didn't do perfectly in the relationship
that week. and they hear it with love.
Like they deliberately from the
beginning go, we're hearing this with
love. We're hearing this as a practice.
It's a deliberate practice because our
goal is to have a great relationship and
keep it great. So, we're going to hear
it that way. We're not going to hear it
as a criticism. We're going to hear it
as I love this relationship enough to be
honest with you. I want you to have, you
know, I'd rather you have an
uncomfortable truth than a comfortable
lie. I'd rather not have resentment
buildup. And then they always finish
that walk with three things that the
person did that made them feel loved or
feel good or what. And that's so you're
ending on that positive note. And they
said they've never had a week where they
didn't come up with something.
That happy wife, happy life phrase.
There must be a reason why it became
cliche, why it became popular. Well, it
became popular because I think so many
people were willing to accept the
unbelievably ridiculous model of
relationships that's led us to a 56%
divorce rate and probably another 20 or
30% staying together unbelievably
miserable but not wanting to give up
half their stuff. So yeah, like every
misery loves company. Like everybody is
sitting around going like, "Well,
listen, women are like that. You got to
spend 90 minutes with them. Happy wife,
happy life." Like and I I just I just
don't accept that. I don't accept that
it has to be awful.
Why is it not happy husband, happy wife,
though?
Well, in reality, it is. I think in
reality, it's happy husband and happy
wife equals happy marriage. Like,
but why did it come into culture that
that way rounded?
Because I think there's there's a
Well, I mean, my personal opinion on
this is I think men are probably easier
to please in some ways. Like,
okay,
you know, I think men are either hungry
or horny. So, like either feed us or
have sex with us. And that's kind of
we're most of the time pretty happy.
Like I don't I don't we're not you know
like which curtains should we pick out
for the house? Like we're not that
caught up in I don't know a lot of guys
caught up in that. Like when it came to
weddings like most of the guys I know
weren't when they were young men going
like what is my wedding going to be
like? I can't here's what I'm going to
do. Like it was very like is there a DJ
or a band and what will the bar have and
that's kind of what they were into. And
everything else was like cool babe
whatever you like. Like I'm excited to
see you excited. That's what matters to
me.
So men are simple.
I think men are quite simple. Yeah. And
I think women, and by the way, this is
not a criticism of men and it's not a
criticism of women. And again, it's a
generalization. I understand that. But
like women, I think, thank God, women
are much more nuanced in my experience.
It's like they they notice more
sometimes or different things like
they're like I I think men and women
bring different things to and again not
every man not every woman but like I
genuinely believe that we bring
different gifts to relationships and and
when we embrace that and by the way that
polarity when we're dating is the
greatest thing in the world. But of
course it gets challenging because this
person's not just your sexual partner
and romantic partner. They're your
roommate. They're your co-parent.
They're your travel partner. Share a
bathroom with them. Like you got like
this is a whole another thing when you
get married. The French have a saying
that you know marriage turns a lover
into a relative.
And and the truth is like not any of
like your you know your lover you have
this sort of you know it's why affairs
are so intoxicating and wonderful
because you just get the best parts.
You don't have to you don't have to you
know pick up this person's socks. You
don't have to listen to the fight they
got in with their cousin, you know. You
don't have to be like, I got to spend 90
minutes with them, you know. You can
actually, you're just getting the good
stuff, the passion, the sex, the, you
know, which again, you you can have you
we can do relationships however we
decide we want to do them. That's what's
cool about it is the two people in it is
what matters. And I think even before
social media, we were very much about,
well, how is everybody else doing it?
Because I I guess that's the right way
to do it. And so, yeah, happy wife,
happy life. It was like, listen, just
here, you know, like just just make her
happy because then she'll shut up and
you can just watch football. Like, and
it I I I mean, look, that never appealed
to me. That was never interesting to me.
I I think a lot of people absolutely buy
into that model of relationships.
What's more interesting to me than
people who've just given up, right?
people who've just said like, "Yeah, I
know the hard thing to do and the right
thing to do are the same thing, but I'm
just going to do the easy thing."
Because it's like, h what's more
interesting to me is that I think
sometimes people screw up their
relationships with completely good
intentions. And the the example I I I
give in my book about this is sex.
I think most people who've been in a
long-term relationship will say, "Yeah,
you know, the sex has become kind of
predictable." like it's become kind of
it's not as novel, you know,
and I think that happens for the
absolute best of intentions. And it
would be really lovely if we just
acknowledged that because here's why it
happens, right? You get with a person,
you're first dating, first time you, you
know, you get sexual with the person,
you throw every trick you've got at that
person, right? You do all the things
that you think they're going to like to
see what are they going to like, right?
Do they like the same stuff that other
people liked or do they like something
different or they you know what do they
do they like the same things you like
and you throw everything at it and and
and you start okay they don't like that
okay this they really like oh they make
really nice noises when I do that okay
and you start to and then what do you do
you start to get more efficient like oh
I know she doesn't like that so I'm not
going to do that but I know she likes
this so I'm going to do that a whole lot
right and she does I hope the same thing
she does the he loves it when I do this
and the sound that comes out of him when
I do that I say what do you do you play
the greatest hits you play the greatest
hits cuz why not? And by the way,
there's only so many hours in the day
and we got some stuff we got to get to.
So, let's really throw the greatest hits
at each other and we're going to have a
great time. Well, what did you just do?
You were trying to make each other
really happy and be a really good lover
to each other. But what did you just do?
You just created a routine. You just
created a routine. And here's the other
thing about humans, which we all know if
you've ever had a sexual partner for
more than six months.
Then you've noticed the patterns. And by
the way, you're thrilled with them
because you're doing the greatest hits.
Like I went to see spring scene to hear
Born to Run. That's what I'm there to
see. Like I I love it. Do the greatest
hits.
But then if they do something different,
there is some part of you that goes,
"What was that? Where did that come
from? That was we don't usually do that
or we don't do it in that order." And by
the way, sometimes that's exciting,
right? Sometimes it's like, "Yeah, let's
have sex in the laundry room. What? We
got a bed right over there." Yeah, we
always do it over there. Let's do it in
the laundry room. Like I don't know.
That's fun, right? It's fun to do
something different. Well, we get to a
place where now when we do something
different, we start to feel like we're
gonna have to have a conversation about
it because it's like, well, why did you
do that? That's a strange or sometimes
people go, why did they do that
different thing? Are they like, is it
they're watching porn? Are they cheating
on me? Where did they get that idea
from? Is that something that they want
and they want to start doing that? Is
that part of the greatest hits and I
didn't realize it? Do they not like what
I've been doing? And we start to
sabotage again with good intentions from
day one. All you wanted was to make your
partner happy and they wanted to make
you happy and look what you did. You
made a routine. So, the only way out of
that spiral
is to call it to talk about it. Call it
out to say, "Hey, you know, it feels
like things are kind of in like we're in
a you know, is there anything I could do
different or you might want different?"
And I think there's lots of ways to have
that conversation.
How do we not have that conversation?
Like, what's the worst way to have that
conversation?
The worst way to have that conversation
say, "How come you don't do this
anymore? or you used to do it all the
time or you know I've never we why won't
you ever let me this or why don't you
ever try that that's the worst way to do
it
blame
blame and also it's on you yeah why did
you do or also that it's like because
immediately the person's reaction to
that is going to be well here's why you
know because of this well because you
this you know well how come you never do
this like and it it turns into that and
I think there's a million other ways to
do it all of which are better the The
best one in my opinion, but I'm a lawyer
and I'm dishonest a lot of the time is,
you know, manipulation. I think that
there's very positive man. I manipulate
people's emotional state for a living,
right? Like that's my job is to make the
other side scared, my client feels safe,
the judge feel good about my client, bad
about the other side. So like I I try to
use my powers for good. And I think
here's a great way to use that power for
good. I think if there's something going
on in bed that you want to try or do and
you don't want to have the clinical
convers like you don't want to call an
audible in the middle of sex and just
start doing something different and have
your partner go what the heck was that?
I think a great one is oh my god the
dream I had about you last night. It
just you don't even want to know wait
what what was the dream? What what was
the dream that you had? No. No. I don't
even I don't know. It's cuz I had dairy
before bed or something. I don't know. I
I had the dirtiest dream about you. You
tell me what human being, male, female,
gay, straight, anybody isn't going to
go, "No, for real, what? What was I
doing? What were you doing? What was
it?" Then you tell them, you tell them
the thing that you'd be interested in
doing. And they go,
"It was you and your brother." And
okay,
if that's something you're looking for,
I don't know how to get I'm very
persuasive. I couldn't get you. I
couldn't give you an entry point for
that one. But if it's something that you
wanted to do, you say, "Yeah, I had this
dream and this is what happened." And
your partner may react as, "Oh, really?
Like you would like that?" And then you
can go, "Yeah, no. I mean, I don't know.
I just it was in my brain, so I don't
know. Like, it seemed weird to me, too."
And then you can back out of it without
it being a thing. Or you can go, "I
don't know. Maybe." Because if their
reaction is, "Oh, yeah. Would is that
something you'd want to do?" Be like, "I
don't know. Maybe it is subconsciously
or we tried sometimes."
How many times do people end up in
divorce court because the lights went
out in the bedroom?
I mean, how many would admit it? Or how
many is it really the case? Well,
because here's what I'll tell you. I
would say a good at least 80% of the
people that end up at my office,
infidelity was a piece of it. So, that
tells me that sex is a big piece, you
know, because most people who are in
genuinely satisfying sexual
relationships with their partner aren't
looking to have other sexual
relationships. Some people are just
addicted to sex, though. And I say this
because I got some friends who people
always think I'm like projecting and I'm
like secretly talking about myself, but
I'm actually not. I've met a wide
spectrum of individuals and their
relationship with sex varies wildly.
Some people I just think are going to
cheat forever regardless of who they're
with because they have some like trauma
related to the chase in sex. And then
some people are kind of, you know, don't
have sex at all. So on the on the end
where you've got that almost sex
addiction behavior, um I'm just
wondering if if uh I guess I guess the
question there the broader question was
about how many how much is the lights
going out in the bedroom? Does it relate
to people ending up in divorce court?
Well, I remember listening to your
conversation with Gad and uh and and him
you you asking him flat out like, "So
how much of the motivation is sex?" like
and and I think his answer was ab like a
tremendous amount of evolutionary
biology is tied to sex. Like a
tremendous amount of our motivation is
born of sex. It's about sex, food, and
not becoming food. That's like our three
primary motivators. So I think sex is
incredibly important. I also think sex
is constantly thrown into our line of
sight. So I think you can't discount
that. I mean, I think sex is on social
media on like the the amount of sex that
is put in our face constantly now is
shocking. It's shocking. I mean, compare
it. Do your grandfather has not seen as
many breasts in one lifetime as you'd
see in one visit to Instagram. Like, I
mean, there is just so much cleavage
going on. It's you just can't even. So,
I think fundamentally, like, of course,
it's being thrown in our life,
advertising everywhere. It's surrounded.
We live in a sex saturated environment.
How long have you been a divorce lawyer?
25 years.
So since that time, things like only
fans have emerged and pornography has
been become commonplace. I imagine at
the start of your career, the term
pornography probably wasn't used much in
divorce.
Hardly ever. Hardly ever.
Is it used now?
It's everywhere now. It's everywhere.
There's a lot of unique things that have
I've watched evolve in my career. um the
proliferation of revenge porn, the
number of people that have concerns
about audio, video, photographs of them,
you know, because every I mean, the
proliferation of it is also a function
of the fact that everyone has a video
camera and everyone has a has a has a a
camera, a sophisticated camera in their
hand, you know. So, there's a tremendous
amount of concern about, you know, this
person has images of me, photos of me,
tremendous amounts of um, you know,
cheating has gotten much much easier
than it used to be. I mean, the idea of
like connecting with a potential sexual
partner and also having conversations
with people we have absolutely no
business having conversations with and
having neutral entry points to get into.
So, like, you know, it used to be like
maybe you see the attractive soccer mom
at the your kid's soccer practice and
she's married and you're married, but
like if you saddled up next to her and
started talking, you're having a
conversation with a group full of
people. And if you called her on the
phone at the house, that would be weird,
right? But if you like message her or
you add her on Facebook, it's not weird
cuz our kids are on the same soccer
thing and maybe there's a Facebook group
for the soccer parents and then she
posts a picture of herself when she was
on vacation and you say, "Oh, where did
you guys stay? We were thinking about
going to Jamaica." And then she says,
"Oh, this." and you go, "Oh, you know,"
and suddenly we're having a conversation
and it's private. Nobody else is there.
We're alone in a room. So, I think it's
pretty, you know, it's become very
conducive to cheating. And it's also
become a way for there to be a
tremendous amount of evidence of
cheating that accidentally lands in the
hands of your partner. So, like I can't
tell you how many times like I know he's
passed now Steve Jobs, but like divorce
lawyers owe him a tremendous debt of
gratitude for the amount of business he
sent our way because Apple's integration
of its devices makes it incredibly
common that the text message from your
lover comes up on your kid's iPad
because you didn't realize you logged
into the same Apple ID and it comes up
on the iMessage and now your spouse is
looking at the the the text about how
great the sex was yesterday. And like I
I I'm not being funny. That's like a
once a week thing that happens in
divorce lawyers offices. And and I know
it wasn't intentional. I know he wasn't
like I'm going to mess up some
marriages. But the truth is is it, you
know, it creates an easier opportunity
for people to cheat because people can
clandestinely communicate in ways that
they used to not. And they have these
neutral entry points that lead to
something negative. And it's become
something where you get caught because
there's a tremendous evidentary trail
now. So I I think these are all, you
know, these are all factors that have
made it harder. But again, porn only
fans, like all those kinds of things.
These are just more sort of outlets for
the same, you know, it's it's like, you
know, there's a thousand restaurants and
there's only one menu, you know, and and
that's all this is is is it's all the
same stuff just in different
permutations. Like a divorce lawyer 50
years ago was dealing with some of the
exact same things. It's different
technologies. It's different, you know,
manifestations of the of the issue, but
it's it's all just heartbreak. It's all
just males and females that tried to
make it work and somehow it came apart.
Do you think marriages are good for
love? And like what's your view on
marriages? I I've been thinking
I think marriage and love have very
little to do with each other.
I'm fine with getting married. My issue
is the wedding. I'm not a big fan of
weddings. I think I don't know where
this tradition of weddings came from,
but getting like hundreds of people in a
room and doing this whole the big gaps,
the amount of time you have to wait, the
waiting three hours to be fed, the the
length of it, the fact that it's so
stressful and it causes some of my
friends I've watched like 12 to 24
months of stress and agony and
arguments, but it's like one day
and I just go I don't know.
But have you ever been to a wedding that
was non-traditional?
Yeah. I like my
and that you go, "Oh, that's cool."
It was like a party.
Yeah. And it's like them
and they took all the out.
Cuz I have to say something like I see
I'm the opposite, which is I don't
really believe in the legal institution
of marriage. I think it has almost
nothing to do with love. I think it's
largely performative. I think if people
were madly in love, they're madly in
love and they could either marry or not
get married and it's not going to change
anything except the legal status of
things.
But so I
I love But I love weddings. Oh, I love
weddings. I love them. I get mistied at
every wedding. My son just got engaged.
I can't wait. Like, it's going to be so
because I think that I think there's
something so fun about like a big group
of people all getting together and
having a party over something as noble
as two people finding each other in a
world of 8 billion people. And like I
think there's something about like a
group of people all getting up and going
like we're going to be cheering for you
and we're going to be here for you. And
like I love good food and I love like I
love being with people. Like I I think
if I think if the the first time
everybody you love is in one room as
your funeral, you're an idiot. Like I
think there's something really
beautiful. Like I I have to tell you I
um you know I got divorced many years
ago.
But I have amazing photos of my mom from
my wedding cuz it's like how many times
in your life do you put on like a fancy
dress and have your hair done and all
that stuff? And my mom lost her hair so
many times because of chemo and all
those other things. and when she passed
like she was so sick for so many years
and I was so afraid when she died that
that's how I would remember her is in
that bed sick and I have to tell you I
look at those pictures of my mom from
that wedding smiling so big and you know
with and it I'm so glad I have those
photos I'm so glad and I wouldn't have
had them if we hadn't had this stupid
party you know and I remember
deliberately saying to the DJ cuz I was
what 22 yeah I was 22 I remember saying
to the DJ do not play that stupid
chicken dance thing. Do not play that.
Like, we're not doing that stupid thing.
We're not happening. And I don't know
when it happened, but my mom must have
like gone to him and been like, "Play
the chicken dance." And he was like,
"I'm not supposed to play the chicken
dance." And she was like, "Yeah, but
you're playing the chicken dance." She
They played the chicken dance. And I
tell you something, I I will have that
memory of my mother with that doing that
stupid chicken dance in my head until I
die. And it I'm really glad I have it.
Like, I'm really glad it's there. So, I
tell you, like I I think weddings are a
blast. And I think if you're in love
with somebody and you love them so much
that you're like, "All right, we're
going to do our thing, dude. Go have a
wedding. Don't get married. Don't get
married. Have a wedding." Because
getting married and having a wedding
that you don't have anything to do with
the When have you ever gone to a wedding
and at the end of the wedding said, "Um,
I just need to see the paperwork. Could
Could you just show me the marriage
license now? I just need to make sure
before I give you the gift and before I
leave, I just want to make sure
everything was notorized properly." No.
No one did you didn't see wedding. You
don't I've never saw my parents'
marriage license. They could have made
the whole thing up. I don't know. But
have the party. Have the party. Why not
have the party? And don't have somebody
else's party. You just described
somebody else's party where you wait for
3 hours. SCREW THAT. WHY would you even
have the sit down dinner portion? The
pastor derves is the best part. So just
do that. You can do it however you want.
Like if there's a core message to my
book and to my approach to relationships
is you get to do it however you want.
You know what almost all the people in
my office have in common? They all tried
to do it a particular way that somebody
told them that's how they're supposed to
do it and it didn't work and it's got a
terrible track record. Like like the way
that most people do it fails 56% of the
time. So do it different. YOU GOT PLENTY
of room to do it different. And the only
two people that are qualified to decide
how to do it really are the two of you
out of eight billion choices. You picked
each other. throw whatever party you
want to. If your friends love you,
they're going to love that party. AND
EVEN IF THEY DON'T LOVE IT, THEY'RE
gonna go like, you know what, that was
them. That was very them. You know, it's
great. And this is really what me and my
partner kind of decided on. We talked
about having like a wedding or whatever.
And I was like, you know what I'd love
to do? And this is really inspired by
seeing so many of my friends planning
their weddings and looking very
miserable in the process and having to
basically cut back on things they loved
in their life because they're saving.
They're saving for the wedding in two
years time. So, they can't go out on
Friday evening. They they're going to
have to cut back date night because
they've got this wedding in two years
time.
Great. Great start to a marriage.
And I and I just always think to myself,
why don't you take say if it's 100k,
let's say, that you're spending on the
wedding or if it's 10k, why don't you
just divide it in 10 and have 10 mini
parties,
right?
And invite lots of, you know, and then
you get all these memories
and you know the answer to that question
because who's that wedding for? It's not
for them. It's not for them. It's for
the audience. And the more this is this
is why we're driving a 100 miles an hour
towards a brick wall in our culture
because we are now doing it for the
audience. We're not doing it for us
anymore. And we have to live in our
skin. We have to live in our own lives.
We have to live in our own
relationships. So what we're doing for
the audience because it looks good for
the audience. Like this is why we've
become a culture with white teeth and
rotting gums because we don't actually
care what it is. is we care what it
looks like. That's why so many people
that three weeks ago were # blessed #
bestwife ever are in my office having a
consultation and are having an affair
and are have because underneath that
that air of and by the way how many
celebrities how many celebrities are
denying I have I have celebrity clients
who their their press releases their
interviews they're talking about how
happy they are. They're in my office.
were actively negotiating the
dissolution of their relationship. They
haven't lived together because they
lived in their separate homes on
separate coasts for the last year and a
half, but they show up for each other at
the red carpet and they do their thing
and then they part ways and don't talk
to each other. But why why are we
selling? Because we're selling a dream
to people. We're selling a dream. And
see what's interesting to me is I
actually think reality is prettier than
the dream. And so if why would you start
your relationship
with a a a an homage to fakeness or to
someone else's vision of things? Why not
start it with an authentic expression of
who you are to each other and how much
you mean to each other and like then the
paperwork, whatever. The paperwork's the
paperwork.
Do you have celebrity clients who are
literally in fake relationships?
Yeah, 100%. 100%. I have celebrity
clients that are in fake relationships.
I have celebrity clients that are in
financial arrangement fake
relationships.
I had this big conversation with my
friends the other day because you know
there's a couple of like big celebrity
names who've broken up um that we're
aware of and I went back through their
Instagram.
Oh yeah.
Just to see the way that they portrayed
their relation because whenever you see
a celebrity relationship it's like
perfect perfect over.
Yeah.
Well they do what I they do what I call
the Rosie O'Donnell, right? Because
Rosie O'Donnell
for years there were rumors that she was
a lesbian and she did this whole thing
about how she had a crush on Tom Cruz
and she's not a lesbian and she has a
crush on Tom Cruz and she's not a
lesbian and d and then finally one day
she's like of course I'm a lesbian.
Everyone knows I'm a lesbian. Everyone's
known that for years. And I felt like
it's like you just gas lit the whole
culture. Like and that's all celebrities
do is they just gaslight us about their
relationships. Like they they just do
the like oh we're so in love. We're so
all these vicious rumors started by
people that hate us. And meanwhile,
yeah, the whole thing's eroded. But see,
that's not a celebrity alone phenomenon.
Like, what's great about celebrities is
they have enough distance between them
that they can hide that because most of
them own a home in Miami, own a home in
LA, own a home in New York, and then
they have some place in Europe usually
or Italy. Like, they have enough room to
lose each other and to be okay with it
and just be like, "Yeah, we're living
our lives." They just have to be careful
about not being seen out with other
people.
I I always wonder if the public
portrayal of a perfect relationship
correlates to a bad one, if you know
what I mean. Like I think the people
that would sit on Valentine's Day,
sprinkle the rose petals, then they'd
get their puppy and their husband, and
then they'd say, "Right, can you take
that photo?" They're probably taking 20
or 30 photos. For me, in my head, I go,
people that like publicly portray a
perfect relationship. Is it is that like
a a cloak of the insecurity or is it
I think so. I mean, I think that that
and again, this is a function largely of
social media, but I think there is um
but we all sort of it works and that's
why I I think people keep doing it,
right? Is like it's there's a bad reward
system at play here. But like I I so I
live in Manhattan and I live um right
near and my office is right near the
vessel and the vessel is this amazing
beautiful sculpture in in Manhattan in
uh in in the West Chelsea and my office
actually overlooks the vessel. It's
beautiful in the Hudson Yards area. And
so people, tourists from all over come
to take a picture by the vessel.
And so every time I'm walking to and
from the office, I pass the vessel. And
I there are always at least a hundred
people taking pictures by the vessel.
And I find it absolutely hilarious
because one of the things you see all
the time, and it's usually women, but
men sometimes are guilty of it, is the
photo of the person pretending that
they're not having their photo taken.
So, it's like they're just sort of
standing there like this or like they
look over this way and their friend is
taking the picture from over here. And I
think to myself, when you post that,
yeah,
what are who took that picture? Or is it
are we to believe that the paparazzi
were following you? Like you're you're
just a regular person like there's like
so clearly you set this up. But here's
the thing like the thing about us as
humans is I don't know that we look at
that photo and go what is what is that?
Like I mean look at like high we just
like look at high fashion photos in like
any magazine Vogue L things like that.
Look at the position of people's bodies
like oh that seriously pause this
whatever you're doing and look do that
like
then pause it
bizarre no one sits you know again
visually looks good I get it maybe it
makes the clothes look a certain way no
one sits like that
so the thing of like the rose petals and
the
like who does that really if they're
doing it are they doing it because they
think that's what you're supposed to do
cuz they saw it right all those rose
petals All those performative, we're
madly in love. Look at how in love we
are. Look guys, quick. Look at how love
look at how in love we are. It's shower
sex. It's It looks good, but all you're
really doing is just putting on a show.
And that show leads you right to my
office.
And the reason we like the show is
because we want to believe in the fairy
tale. We because if we see it in my
favorite celebrity couple, then it
almost keeps the hope alive. For me, it
it's it's the the antidote for the
statistics around divorce. It's the
antidote for the heartbreak I saw in my
home. It's the antidote for the misery I
see around me. Is look,
fairy tales exist just like Disney. And
that's why we want it.
I get that. And I think I understand why
we do that. But I think it's also like
pornography.
It's an it's a I don't want to say an
idealized version. It's a stylized
version of something people actually are
doing. But if you start to to think your
sex life is inferior because it doesn't
look like pornography,
you're you're modeling it against
something that's very unnatural and not
real and that is not indicative of what
actual sex looks like or feels like or
or how it works logistically or how
bodies work logistically. So you're
you're we're we're getting educated the
wrong ways. And it's again not to tie
you know go from like marriage to sex to
death but it's the same problem I had in
my master's thesis. It really was like
we convince what we always we shield
people from death. We hide it from
people. Like if someone if I said my
grandmother's dying I want to take my
kids to sea. You'd be like what kind of
sick bastard are you? Like if you said
oh I'm I'm going to walk around the
graveyard or I'm You don't talk about
death. You don't talk about these. Why?
Why? If these are things that are
important, if these are milestone things
in our lives, not talking about it is
not going to prevent it from happening.
So, why not talk about honestly like
what's really going on? Like I have to
tell you, you ever, you know, again, the
antidote to some of this stuff is to say
like, "Who took that picture? That's
weird." Like you didn't know they were
taking it. Oh, cuz you were looking in
the other direction. Like, why not just
start saying like, "Yeah, I'm not going
to be full of shit." I remember many
years ago. I remember like waking up in
New York City and my ex-girlfriend from
many years ago was like pissed off at me
because it was Valentine's Day and I
hadn't text her and like um told said
happy birthday to her, but I was in New
York so I was in a different time zone.
So it was 6:00 a.m. where I was where I
was. I hadn't even woken up yet. and
she'd sent me a screenshot of another
couple who were like with the with the,
you know, the rose petals and the roses
and stuff and she was infuriating
herself
based on an Instagram post she'd seen of
another couple and I was being attacked
because I wasn't meeting that standard.
Yeah. And this is why I I think we are
living in a moment where there is more
comparison than ever.
You must see that in your office, right?
I see it in my office constantly. I see
it in life constantly. But it's not
just, by the way, it's not just in the
relationship thing, though. Cuz of
course, people post their greatest hits.
People are constantly flaunting their
relationship and showing everyone their
relationship. But it's not even just
your relationship with your significant
other. It's your relationship with
yourself. If I see one more person
posting their workout routine, their
their sauna and cold plunge, the diet
routine of the, you know, their
hashtagbeast mode. If I see one more
person posting how their parenting
routine and the wonderful intricate
snacks that they make for their
children, like all day long there is an
idealized stylized version of every
single aspect of our life that is so
much better than the gag reel that we're
living.
and we're watching it and we're
comparing ourselves to it and our
partner to it and we're going, "How come
my partner doesn't look like that? They
don't look like that." Like all these
videos of the person like getting up in
THE MORNING, WHO SET up the camera? Did
someone set up a camera? Like, and and I
really feel sometimes like I'm the crazy
person going, "Guys, do you not see
this? Like, do you not see this? Do you
not see that this is what's making you
unhappy? You're unhappy with yourself.
You're unhappy with your partner. You're
unhappy with your relationship with your
partner because you're comparing it to
fiction. And and and because it's on
your phone instead of on the movie
screen, you think it's real. Sometimes
comparison can wake us up to things that
we needed to know, though. And I think
your the story of you going to the theme
park that day, which I was reading
about, and seeing that couple who
were pretty idyllic
Yeah.
highlighted to you that maybe this
wasn't the right. They just had their
20th wedding anniversary last week.
Yeah. Yeah.
What happened? So, you were at a theme
park with them.
So, I was with my ex-wife and our young
kids, and these were college friends of
ours because we were college
sweethearts, my ex-wife and I. And we
were at a theme park with them, with our
all young kids. And, you know, my
ex-wife's a lovely person. I think she'd
say nice things about me, too. I'm a
nice place to visit, but you wouldn't
want to live there. Um, I think she'd
tell you I'm a spectacular ex-husband.
and have have leave a lot to be desired
as a husband. Probably fair comment. And
I would say that, you know, there's a
lot of people I love that I wouldn't
want to be married to, and she's one of
them. Um, she's very happily remarried
for a long time to a great guy. And we
were at this theme park with them, and
they'd been married for roughly the same
number of years that we were at the
time. And I remember the kids wanted to
go on some ride, and it was like the
permutations of seating. It was like
three and three. And they had two kids.
So, we were like, "Okay, I'll sit with
these two kids. You sit with these two
kids." and they said, "Great. We're
going to just hold hands and go for a
walk."
And they like held hands and they
started walking away. And I remember
looking at them and thinking, "Well,
they really like each other." Like, like
they really like each other. And I
remember thinking like, I don't feel
that way about her. Like, I love her,
but I don't feel that way about her. And
it just it wasn't like, and then I went
home and we got divorced. we together
for some more time. But I remember when
we decided to divorce,
we had some very honest conversations
with each other about the marriage and
about when we'd felt, you know, we were
very good at postgaming it because we
stayed friends.
And I said to her, you know, I remember
this moment when we were at the theme
park with and and she goes, "Oh my god,
I remember that exact same moment." And
I said, "Yeah." And I thought like they
went off and were holding hands and I
remember thinking like I don't love her
like that. And she was like, "Jim, I'm
not making this up. I thought the exact
same thing." She's like, "I remember
seeing it and thinking like, yeah, like
I don't like if they took our kids on
this ride, we wouldn't be holding hands
walking through the park." And
why?
We just didn't have that between us.
What is that?
I don't know. That's magic. I don't
know. That thing. That thing. that magic
part that nobody can really explain. I
don't know. It's the thing. It's the
reason why I've never been homophobic
because I I happen to be heterosexual,
but I couldn't explain why. Like, I
don't know if it's a combination of
biology, cultural pressure. I have no
idea. I just know what sparks something
in me is what sparks something in me.
And I don't think I have a right to say
to another adult who has those feelings
about another adult that they have that
they're wrong and I'm right or
something. I I genuinely just feel like
I don't know there's something magical
about love. I mean there's something
magical about romantic attraction and
the feeling of like deep connection to
each other. I mean I've known th that
couple now for the entire 28 years or
that they've been married and they are
legit super into each other but they are
the least performative people you'd ever
meet. They're very they're very focused
on each other. Like they really like
each other. like he
she refers to him as her boyfriend.
They've been married for 28 years. They
have two kids that are like adults now.
And they she'll be like, "Oh, well, my
boyfriend's coming home next week from,
you know, work trip." And and like she
means her husband, but like she refers
to him as that. And like he refers to
her as my girl. Like he's like, "Yeah,
well my girl and I were going to go do
this." And I'm always like, "Dude, like
how are 28 years of marriage and that's
how you guys feel about each other?"
Like, and it's legit. It's not like a
thing. It's like legit. I don't know. If
I knew that, man, I'd find a way to tell
people to do it and bottle it. Like, I
don't know. I'll tell you what it is.
It's beautiful. It's beautiful. It's fun
to even be around. Like, it's fun to be
It when you're not in a challenging
marriage, being around that is like the
warmest, most wonderful place. It's not
surprising to me that their their two
sons are like two of the most amazing
young men I've ever met.
How do they argue?
I think they I've never watched them
argue, I imagine. And so I imagine one
answer would be privately.
But um
from what I understand because I have
tried to reverse engineer a little bit
with them like what is it? Because I've
talked about them enough in media now
that they know I'm like I always text
them like hey I talked about you. Um and
when the the the book they were like oh
you know I was like hey pa whatever you
know and they they thought it was quite
funny. I I think they play fair like
they um I don't know they never lost the
plot. They seem to really
they I hope this comes out the right
way. They love their sons. They really
love their sons. They're two amazing
parents, but it seems to me like they
both they view each other as the most
important thing. And she's always
looking out for his happiness and he's
always looking out for hers. And it's an
equal measure. Like I think she is very
focused on him and what will make him
happy and he's very focused on her and
what will make her happy and they both
take tremendous joy in each other's joy
and I think they both feel and they have
I will say they have been through some
things like she had metastatic breast
cancer at one point she had all kinds of
and they they weathered that storm they
weathered that storm with grace humor
and even deeper connection. And I again
I I I don't know if it's partly luck
that they like just hit the lottery with
each other, but I I think some of it is
just that they they pay attention like
it's important to them.
You're in a relationship, but you're not
married anymore. You were married
previously.
Will you ever get married again?
I've said before that I don't think
marriage is important to me. I I don't
marriage from where I'm sitting is a
contract that was written by the state
that is supposed to define
in some general way what this
relationship is and create a set of
rules that govern it. And if you do a
prenup, you can change that set of
rules, but you're still saying, you
know, I really want to get the
government involved in this situation. I
I have no part of me that in my
relationship goes, "We really need to
get the government involved in this." I
just don't. That's just not in me. And I
And it's not only not in me, it's just
seems absurd to me.
Marriage seems absurd.
To me, mar I understand why people get
married. I think I understand it better
than most people, but I it just to me
doesn't make any sense. Why do they get
married?
I think we need a lot more time. I think
it's cultural pressure. Okay.
I think it's performative.
I think it's because we live in a
society, if not a world, that presumes
marriage is a good idea. I think that
that is tied to medieval institutions.
It's tied to things that are way before
us. And it's tied to partly land
ownership. It's partly tied to religious
concepts. It's partly, you know, what
Freud talks about in civilization. It's
discontents. It's so we're not all
killing each other over mates. It's
it's, you know, we've structured society
around this idea of turning pair bonds,
which by the way is a very healthy
permutation with which to raise
children. And it's very it's fits our
biology quite nicely, you know, in terms
of the amount of time that a child's in
gestation versus, you know, but I I I
think we've just we're just like running
a program that it was here before us and
that we've been taught is how it's
supposed to be. This is what you do.
Like again, ask the question,
you think it's a bad idea, don't you?
Getting married.
Yeah.
I think it's an incredibly bad idea. I
think it's an incredibly dangerous idea.
I I don't think it's a bad idea. I think
it's a dangerous idea. There's a
difference between those two things.
Like skydiving is a dangerous idea. I'm
not saying it's a bad idea, but it's a
dangerous idea. It It depends on how
much joy you place on that thing, right?
Like for me, the joy of jumping out of a
plane as compared to the danger of
jumping out of a plane precludes me from
jumping out of planes. Maybe I'm missing
out on something. That's okay. I'll live
with it. There's lots of cool stuff to
do. I haven't gotten bored yet. Marriage
is kind of the same thing. Like I think
marriage is again like because turn
around the question which is we know
facts facts marriage is overwhelmingly
unsuccessful.
It is way more dangerous than skydiving.
Yes you die from the skydiving but the
chances of a catastrophic skydiving
incident is like 0.00003
and a one where you die is 0.00001.
It's like very limited the chances of
dying from skydiving. Whereas the
chances of divorce again 56% divorce
rate. How many stay together who are
unhappy and they just stay together
because they don't give up half their
stuff or for religious reasons or
whatever. This is a technology with an
unbelievably bad failure rate.
And more people die from marriage or
skydiving.
Well, I think more people wish they were
dead from marriage than star skydiving.
I think most people's sense of self,
many people's sense of self dies as part
of an unhappy marriage. Like it's not a
question of will you die. It's that
you're alive and not living your life in
a way that's enjoyable or in a way
that's authentic to who you are. And I
think a lot of people are doing that as
a function of the choice that they made
of marriage. And again, I'm not saying
don't get married. But what I'm saying
is when someone says, "I'm getting
married." Why is it impolite to say why?
Why? You're about to do something
incredibly dangerous that fails so much
of the time. Why not just say why? I'd
like to I'm not saying why would you do
that? It's stupid. I'm saying why? Cuz
most people's answer doesn't make any
sense.
Well, because you know I don't want to
be alone. Wait, you have to get married
to not be alone? Join a church group. I
don't know. Join a baking squad. Join a
softball team. You won't be alone. What
does that mean? Well, I want to have,
you know, regular sex. Okay. I don't
know that getting married is the
solution to that. Like, it's not a
guarantee of regular sex. Like, that's
not, you know, so if if the question,
first of all, you're not even allowed to
ask the question why. If anything, if
you don't say, "Oh my god, that's so
great. You have intimacy issues."
People say for the kids, you know, it's
good for the kids. And
which kids? The kids you've already had
or the kids you're going to have. You're
saying, "We're getting married so that
we can." And by the way, again, okay,
you're saying society it's good for I
mean, I think what you're saying is it's
good for a a mother and a father in a
household with children together, right?
So, the polarity of male and female,
again, I I know a lot of samesex couples
that have raised very successful, happy
children. So, maybe you're saying a two
parent family is a good thing, that it
doesn't have to be male and female,
whatever. Okay, that's all true. What
does a marriage license have to do with
that? What does the government getting
involved have to do with that?
It gives me security.
What What's security? Security. You're
saying something that fails 56% of the
time makes you feel like you get
security. That's a really weird sense of
security. If I said to you, "I've got an
airbag in my car that doesn't deploy 70%
of the time." Would you drive around
feeling safe? Or would you go like,
"This is a lottery I don't want to
participate in. I'm just going to strap
myself in and do something else cuz I'm
not going to rely on this 30% airbag."
You wouldn't have a job.
Well, that's that's main reason. I don't
know. I mean, listen, I I've been saying
for years that I think I have tremendous
job security, and it makes me very happy
on one level, and it makes me very sad
at another level, that I have such job
security. I think I think I don't think
we're getting better at this. I think
we're getting worse at it. And I I don't
think by the time I retire, which isn't
that far away, like I I I don't think
we're going to get so good at it that
I'm going to be out of a job.
As an entrepreneur, I'm always looking
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that's why I decided to launch the
conversation cards. I turned to Shopify
who also sponsored this podcast. And
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The link is in the description below.
More and more people are getting
prenups. said to me that a lot of people
contact you these days asking for you to
help with prenups. One of the
interesting things we were talking about
before we started filming was
it's really uncomfortable to turn to
your partner and ask them for prenup.
I know a lot of people say that and I
think it's a question of how you enter
the conversation again. like, you know,
I I guess cuz I get paid to talk and I'm
used to talking sometimes about
difficult things with a judge or or
revealing, you know, things that are
hard to reveal about someone and trying
to make sure that they're not viewed
negatively even though they might have
behaved negatively. So, I think prenup,
it's all about how you bring up the
conversation and and my preferred entry
point for a prenup when I talk to
someone is every single person who gets
married has a prenup.
It's either written by the government or
it's written by the two people who love
each other more than the other 8 billion
people in the world. I personally think
that the two people in a marriage are
better qualified to create the rule set
of their marriage than politicians they
don't know. Especially when you consider
the nature of politicians. They won a
popularity contest. They managed to
offend as few people as possible and
they change constantly. So, you're
signing up for the most legally
significant thing you're ever going to
do other than die
with a rule set that no one ever
explains to you in advance and that can
be changed
by by people who don't know you based on
who won a popularity contest. Okay, that
seems smart to you. or or do the two of
you decide what the rules are going to
be and then starting from the beginning
which is where you are if you're doing a
prenup because you're about to get
married. Okay, then you live your life
in accordance with that rule set
together and when one of you is
deviating from it or when a red flag
goes up like you go, "Hey, how come
you're doing it that way? Remember we
have that rule set." And so I I like
that. I think prenups I think prenups
even having a conversation about a
prenup I think is a very healthy
exercise for a couple. I cannot tell you
how many people since our first
conversation have stopped me on the
streets of New York City and said, "I
got into the coolest conversation with
my girlfriend about prenups and marriage
after I saw you and Stephen talking."
I've had I've had probably like two
people a week say that to me. It's it's
a very I always say to these people I'm
like you do weird stuff in bed. Like
you're watching Diary of a CEO in bed.
It's like
it's you know there's other stuff like
I'm not great on the shower thing but in
bed you don't you know it's I like
Stephen too but that's not the time.
Maybe it is.
But they I guess it is. Anytime's a good
time.
Please don't.
But they know I'm not trying to hurt
your
I know you broke 7 million. I don't want
to screw it up. But I I I I do think
that there is um there is something to
this conversation. And I do think
sometimes like, you know, look, you're
you're in a relationship, you've had a
hard conversation with your partner.
Yeah.
And when you're in it,
it's not fun and you kind of go like,
how are we ever going to get out of
this? Is this how it's going to be now?
Like we're just we have this feeling and
it's like awkward and it's weird. And
then you make it through it. And then
the next morning you wake up and maybe
things are still a little weird or
something, but like oh yeah. And then
like I like to believe that then there's
this feeling of like, oh, hey, we did
that thing. Like that thing was a little
weird. It was a little hard. We lost the
plot, but then we got it back and we're
still here.
Look at us.
Yeah. Look at us. Like, yay, go us. You
know,
I think there's real value in that. I
think that again, the hard thing to do
and the right thing to do are usually
the same thing. It's hard to talk about
when this ends. It's actually the thing
I'm proud of most in my relationship is
exactly what you just described there.
I'm not proud of our relationship being
perfect because it's not. I'm proud of
how imperfect it is and how we
continually resolve the conflict with
without coming out the other side
resenting each other. We come out the
other side proud of each other. We're
like, you know that meme where I think
it was the Hot Ones meme where they're
like, "Look at us. Who would have
thought?"
And that's like the thing that my
girlfriend turns to me and says
continually is, "I'm so proud
of
how much we've got through
because she she refers to it like the
roots have got even longer." And going
back to your conversation about prenups,
it reminds me of what we were talking
about before we started recording. This
idea that people don't want to confront
it because you tried to get a stand at a
wedding convention as a divorce lawyer.
Yeah. Yeah. Yeah. Yeah. So I So I want
to say one thing about what you said
before that because I I your verbiage is
very interesting to me because you said,
you know, in my relationship, you know,
we're not it's not perfect, but I'm
proud of X, Y, and Z. And I have to tell
you, like I I don't know, that sounds
pretty perfect. Like I think that things
are imperfect like and that's that's
perfect. Like I there's no such thing as
a perfect relationship like that ever.
And that's perfect. Like it's perfect.
Like it I I genuinely believe we're
perfect. Like I think we're all flawed
and we're perfect like because we're
authentic. We're real. So So I I I think
that's a really important if people if
perfection is the standard we will all
fall short. I think the reality is that
we are all perfectly imperfect. And
that's really beautiful.
But yes, the the the wedding so so in in
in the United States, I don't know in
the UK, but in the United States, we
have these things. They're called
wedding bizaars or wedding expos or
wedding fairs. And it somebody came up
with this and it's a brilliant business
move, which is you rent a gigantic hall
or a small hall depending on where some
of them are done at like giant
convention centers. And you know, people
who are associated with the wedding
industrial complex, you know, they pay
to have a booth. So there's
photographers, there's bakers, there's
and and you know, every table has like
something. The photographers have
different pictures. The cake people
might have like little samples of cake.
You know, there's all the little grab
bags and things that people give out as
wedding gifts. There's, you know, uh
different uh travel things related to
your honeymoon and where you might go.
There's different web websites for, you
know, your registry. Like, there's so
many wedding related, wedding adjacent
businesses. This is a multi-billion
dollar industry. So, I reached out to
like four or five different smaller and
bigger wedding expos. And I said in
summon substance, I'd like to get a
table. And they said, great,
photographer, baker. What do you do? And
I said, "Well, I'm a lawyer and I I do
divorce and family law, but it's just
going to be themed around prenups. It's
not going to be in any way negative
about marriage. It's going to be, you
know, just a congratulations on your
engagement. Have you talked about a
prenup?" And then I'll have brochures
and things and you can, you know, make
sure that they pass muster, that I don't
say anything that would be offensive to
anyone. I don't want anyone to be
uncomfortable, any other vendors to be
uncomfortable. But there's literally
hundreds of vendors at this thing. So
there's no reason
Not one wedding expo would rent a table
to me. They refused my money. They would
not take it. They would not take it. No
matter how flowery I said I'd make the
language, no matter how respectful to
the institution of marriage I said I
would be, they would not let me buy a
table. They wouldn't take my money. And
those tables are not cheap. It's
thousands of dollars to get a table at
Wedding Expo. They would not take my
money. Even though almost 60% of people
end in divorce and it's like a almost an
inevitability, the probability is
yeah,
there's going to be a conversation about
how we separate.
As I've said before, every single
marriage ends. It ends in death or
divorce. The majority of them end in
divorce. The majority of them end in
divorce. Why wouldn't you allow me to
have a table that just says
if you'd like to have a prenup here? I'm
not even trying to sell a prenup on you
like you're getting engaged. You need a
prenup. It's just have you talked about
a prenup and information about that pre?
They would not even let me in the room
and I because because it shatters the
illusion. It's reality. They don't like
reality. They don't see reality
as what it is. Which I think, by the
way, is quite romantic. I think there's
something very nice about talking to
your partner about, you know what, I'm
afraid of losing you.
I don't want to lose you to death, even
though I know someday I have to. But I
don't want to lose you to divorce
either. But man, almost 60% of marriages
end in divorce. And if we got divorced,
like what would we be? Like I hope we
wouldn't hate each other. Like I hope
I'd still love you and care about you or
I'd still want you to be well. Even if
you left me, I wouldn't hate you. Like I
don't have one exgirlfriend
that I go, "Man, I hate that person."
Like, I wish all of them joy. I hope
they're all happy. like our our chapter
together ended, but I wish all of them
joy.
People don't like to go into things
without optimism, though. And the the
conversation around should we get a
prenup almost sounds like I think we're
going to break up someday.
I think you can hear it that way, but I
don't think it has to be that. I agree
with you about the optimism. I think
people would prefer to look at the
bright side of things and to be
optimistic. And I am not suggesting like
I don't believe in fairy tales. I'm a
realist. That doesn't mean I get up
every day just thinking about nothing
but death and divorce and how miss like
that's not life is beautiful and life's
meant to be lived and like what you
don't want to sit like I'm not going to
sit at a wedding and be like do you know
how many percentage of this people are
going to get divor. I don't view it that
way. I think it's wonderful.
But be realistic about things. Like I I
don't want to get ill, but I have a
physical every year. I go to the doctor
every year. Like I like to know what's
going on. I like to be a realist. I like
to I don't plan on crashing my car, but
I like knowing that I have a seat belt
and an airbag. And by the way, if my
seat at my my seat belt and airbag
aren't working, I would like to know in
advance because I'm driving as if
they're going to work. If you told me,
"By the way, Jim, your seatelt and your
airbag aren't working." I would drive
very, very, very carefully, right? So, I
think it's the same thing. Like, just we
can't have an honest conversation and be
optimistic. Divorce in the US is very
different from divorce in the UK. And I
I actually learned, well, I think it is.
I learned this from watching
several things, but one video comes to
mind from a couple of weeks ago. You'll
know the case. There's a black actor who
is currently posting a lot on his social
media about how his wife is like chasing
him down for child support.
Oh yes. Yes. I don't remember his name.
I'm bad at celebrity names
unless I represent them.
But yes, I know who he is.
And he was he said on a couple of shows,
but he went on his Instagram and said
like my wife who I've broken up with who
like basically doesn't really have a job
at the moment or is making some money
from some some Instagram work. Yeah. is
she's got this like pack of lawyers who
email me
and demand to see my bank statements
because
I've been doing well lately. I've got a
couple of new movies and stuff and she
wants to make sure she gets more money
for me and the kids based on his
success. And I never realized it was
like that. I never realized that.
Oh yeah. Oh yeah. It's modifiable. It's
modifiable. Child support, for example,
is modifiable every 3 years when there's
a 30% change in income up or down. So,
if I have a wife and then we have four
kids and then I break up with her
and when I break up with her I'm making
a million dollars a year
and then I'm making $100 million a year.
What
goes up? Child support goes up
to like what what what are the numbers?
What
depends on the percentages in in New
York? One child is 17%, two is 25, three
is 29, and four is 31% of your gross
income
of my gross income.
Gross income less FICA 00765 social
security Medicare. If my gross income is
a hund00 million.
So theoretically there are caps on the
combined parental income
everywhere.
Yes, pretty much. But judges have a
tremendous amount of discretion based on
a variety of factors including
things like what was the lifestyle of
the children during the marriage? What
are the reasonable needs of the
children? Like celebrity divorces. I
will tell you
there are some legitimate separate needs
that celebrities, the children of
celebrities need. Like they, you know,
security for example.
What's the biggest child support
payments you've ever heard of?
Well, I mean, Diddy had I think it was
$20,000 a month for a period of time.
Um, he's kind of a well-known one and it
was very well publicized. The most I've
ever had in a case is I had a client who
got $65,000 a month in child support.
But it it covered a lot of things. It
covered a portion of private school
tuition. It covered a security detail.
It covered, you know, these were very
very high net worth, you know, public
figures.
What kid needs $65,000 a month?
Well, the kid doesn't get the money. The
parent who has primary physical custody
gets the money
and they can do with it whatever they
want. They so they could go spend it in
Vegas.
Correct.
That's that's not fair. You should have
to provide receipts. Well, what I've
always said is I mean, first of all, the
system's complicated enough without
people having to provide receipts to
check the math of a person and what
they're spending the child support on.
Like, it's already overwhelmed enough
and it's already difficult enough. Like,
listen, what you're proposing would
create a lot of additional work for me,
so I appreciate it, but it it is from my
perspective, it is a um it is a
potentially very dangerous thing. What I
always tell people is getting married
without a prenup is a fairly risky
activity. Having a child with someone
is a is the most risky activity in
relationships in terms of of the amount
of emotional and financial damage a
person can do to you. Have a kid with
them. Having a kid with somebody, they
can weaponize that child. They can
alienate that child. they can use that
child's needs to piggy back onto
financial needs. There's there's so much
stuff a person can do to torture you if
they have a kid with you. And there's so
much legal wrangling and rambling to to
do. And what I'll tell you is it it
you know I've had CL I have a client who
spent somewhere in the realm of $100,000
in legal fees arguing over whether
Thanksgiving should begin on Wednesday
and end on Sunday or whether it would
begin on Thursday morning and end on
Thursday evening. Now that person's
worth, you know, seven or $800 million.
So h 100red grand to them is not a lot
of money.
Most people, myself included, I'd just
eat turkey another day. Like, it's not
worth that amount of money, right, to
have that argument.
That's why having a kid with someone,
you're opening up the door to
potentially tremendous amount of
battles. Whereas, if you're arguing over
a $50,000 bank account and you spend
$30,000 in legal fees, even if you won,
you only won $20,000. If you lost, you
lost significant. So it it it forces a
certain rationality into the
transaction. Whereas your time with your
kids,
people could attribute whatever value
they want to that. I've had clients who
fought over minuscule things about
children that to me would be minuscule
to them were incredibly important.
You said that the two big reasons why
people divorce are infidelity and money.
Yeah.
Is it a loss of money, a lack of money,
the person goes poor?
Um it's that's a big piece of it. losing
money, um, ga gambling money or losing
money unexpectedly, bad business and
investment decisions. There was a period
of time where I did a lot of divorces
because people decided they were going
to try to be day traders and all of a
sudden people's, you know, they were
like borrowing against retirement
accounts. Yeah, they were learning the
hard way that that if you short stocks,
there's almost no limit to how much
money you can lose. Um,
crypto divorces,
crypto's big. I did a couple of cryp
divorces relate that where crypto became
very important and whether it was on a
hard wallet or whether it was I mean
hiding money with crypto very some years
ago when crypto was first sort of on the
scene when when I really should have
been buying Bitcoin because it was like
you know $3 or $5. Um there there was a
period of time where most divorce
lawyers and most judges did have didn't
understand what crypto even was. I mean,
try to explain to a 75year-old judge who
has an AOL email address what
cryptocurrency was and the difference
between Ethereum and Bitcoin like and
why you're concerned that they might
have these funds on a hard wallet and
they're looking at you going like what I
have I have no idea what this is, you
know? So, it's tricky. I mean, there's
these are the things we as a divorce
lawyer, one of the things that makes it
a very exciting job is that we're
constantly
we're getting an education in all of
these things. Like I represent I
remember I represented a surgeon and I
learned everything about how surgeons
get paid, how they make money, how they
hide money, what their expenses might
be. And so then the next time I did a
surgeon, I'm like, "Oh, I know this."
You know, the first time I represented
someone who owned a hedge fund or was a
partner in a hedge fund, I had to learn
about how capital accounts work and how
people are paid and where you might be
able to hide money. Have you ever seen
that where someone's like publicly
thought to be a billionaire and then you
look at their bank statements during a
divorce and you realize that they've
basically managed to hide everything. So
they're they're basically broke. It's
all in someone else's name.
Well, yeah. There's two permutations of
that. One is people who are publicly
incredibly wealthy and then in reality
they're leveraged to the hilt and broke
like way broke. Um that happens a lot
and that happens a lot with celebrities.
Um, celebrities are very often leveraged
to the hilt because they had a hit
record or they had a hit movie or two
and then they think, "Oh, everything I
do is going to be like this." And so
they just go out and buy tons of stuff
and there's always people who loan you
money, you know, especially if you're a
public figure and you have some money,
right? A couple of million bucks. You
you can get a couple million more real
easy. So, and then it just very rapidly
and they buy everybody else. They have,
you know, there's always clingers around
the person, you know, the whole
entourage that a lot of whom are
siphoning money off of people. So,
there's a lot of people that look very
wealthy and are dead broke. Um, and and
I have a lot of those.
How does that play out in court when the
wife finds out that their partner or the
husband finds out that their wife was
they're not happy? They're not happy.
And and um and it's hard because they
think they have proof of something. Like
they they're like, "But look, here's a
picture of him with a Ferrari." And it's
like, "Right, I can show you the papers
that he doesn't he leases that Ferrari.
like it's this much of a car payment.
Like I had a guy who had like three
Bentleys and a couple of you know like
McLaren. He had crazy cars and yeah it
was all leveraged to the hilt. It was
not he didn't own them. You know
what's the second permutation of that
you
the second permutation is when someone
is is um
when they've hidden the money.
Yeah. They I I'm trying to find the
right adjective that they're enough of a
sociopath that they're enough of a uh
they're enough of a malignant narcissist
or they're enough of a careful planner
that um they have created structures
that that make it almost impossible for
their spouse to get anything in the
divorce. there the the so some of the
things that people do in um in the ultra
high netw worth space
for generational wealth preservation and
tax avoidance
have secondorder effects when they get
divorced. Right? So a lot of wealthy
people don't own very much of anything.
They own companies that own properties
and they have an interest in a trust for
the benefit of their great grandchildren
that owns companies that own properties
that they then borrow against. Like
there's their whole structure is a very
complex and they pay hundreds of
thousands of dollars to trust and
estates attorneys and accountants. So
they pay almost nothing in taxes and so
that they will have no estate issues.
They will have intergenerational wealth.
Well, those things make a lot of sense
from a wealth preservation and estate
planning perspective, but they make a
divorce really complicated because it's
no longer marital money. It's owned by
this trust. It's owned by this
corporation. It's owned by I only have
this percent interest in this thing,
which is why we've both benefited from
the taxation of it. So that's where it
gets like a little um what I do is is a
fascinating job because we work with you
know very very brilliant forensic
accountants who kind of go in and try to
recreate whether something was done as a
fraudulent transfer and contemplation of
divorce or whether something was done
for good faith reasons and and and you
know was done in a way that was designed
to benefit the marriage as opposed to as
divorce planning.
There must be scenarios where someone
goes into divorce. I I think I'm
divorcing you, let's say, and I think in
divorcing you, I'm going to get a big
payout. But it turns out in divorcing
you that you get a big payout because
I've got more money than you.
Yeah, that happens a lot. That happens a
lot. I've actually I I I wrote an
article uh for for one of the women's
magazines um called The Last Remaining
Feminist Taboo and it it talks about a
lot of um female clients who are paying
alimony to their husbands and and it it
stings. You know, you you you you can
have a woman who's like a Bella Abzug
like Gloria Steinum level feminist and
when she gets told, you know, that like,
yeah, you got to pay him alimony,
they're like, I'm sorry, what? Like, no,
he's a man. He could work. Like, he can
work. He's a men get alimony. And you're
like, no, gender is a construct and sex
is actually, you know, a construct
socially. and you're a CFO of a company
and he's a really cute long-haired
musician who you married cuz he's like
fun, you know, like and you earn 4,000
times what he earns annually. And so you
have to pay him alimony cuz it's just
math. It's God's gender blind. It's just
math. And they're like, "Yeah, no, I am
not paying alimony. He's a man. He's got
a strong back. Tell him to get a job."
By the way, I've had men in that
situation go, "Yeah, I'm not taking
alimony."
Really? They won't take
they won't take it.
Alimony is like the
spousal support.
Okay. Like what? But but child support
or
No, it's for your it's it's to maintain
the marital lifestyle. It's
it's in order to rehabilitate your
earnings so that you can be so for
example um I marry a woman from the UK
who's a physician and now she's coming
to the United States because we're in
love and she's marrying me and she is
going to lose her license to practice
medicine because she's coming to the
United States and it's a different
lensure. Okay. So now she moves here in
reliance on us being married and we're
married for a couple of years and then
we divorce. She's going to need because
I now make a lot more money than her.
She's going to need some money to get
her back to a place where she's back to
her earning capacity.
So if I marry Taylor Swift and we're
together for 20 years, do I get half?
You do not get half usually. No. No.
It's I mean, first of all, she has too
many good lawyers, I'd imagine, for you
to get half. But I you you you would
certainly I mean there was a
how much could you get me?
How much could I get you from Taylor
Swift? I'd have to know how much Taylor
Swift has. I also don't think she's
she's never made it down the aisle yet,
has she?
But if I take her down the aisle and
then we we stay together 20 years and I
come back say, "James, it's time."
Here's what I'm going to tell you. I'm
going to get you as much as possible. I
can't promise you anything, but I am
promising you I'm going to get you as
much as I can. I mean,
you know, I'd have to know. I'd have to
know what the finances are. I would have
to. She has a billion dollars
in cash.
Billion dollars in cash acquired during
the marriage or prior to the marriage.
During the marriage,
all acquired during the marriage, you're
getting half.
There you go.
You're getting half. You're getting
half. Listen, uh uh Adele's ex-husband
did very well. Um Kelly Clarkson's
ex-husband did very well. It depends on
how quite well. Look it up. Look it up.
It's out there. I don't remember the
exact numbers, but it's out there. The
the reality is is those were people she
had her most successful tour at the time
during the marriage. She had her most
successful album at the time during the
marriage. It's all a question of where
things land in the trajectory of
someone's life. If you marry someone
when they're on the comeup, like Jeff
Bezos, great example, like largest
divorce settlement probably paid in
history was to his ex-wife. Why? Because
Amazon wasn't a thing when they got
together, right? So, so, so that was she
was there for the whole trajectory. If
he got remarried now, she's not going to
get half because she wasn't there.
There's a premarital component to that
that is significant.
If you got me 500 million from Taylor
Swift, then would you take like a
commission like an hour?
No, it doesn't work that way. You're
prohibited from doing that. Yeah. Paid
by the We get paid by the hour.
You're prohibited.
I am an hourly wage earner. Like if I
worked at McDonald's,
who who prohibits you?
The rules. The rules that govern and by
the way, rightfully so.
Why? because you otherwise would create
an incentive for the lawyer to maximize
recovery for their client rather than
the recovery that makes sense for their
client. So like I've had cases where the
cash payout I get for my client is lower
because I want to get them more support
like child support or spousal support or
I want to get them more of the real
estate rather than the payout. So really
what we're supposed to do as lawyers is
not be invested in the percentage of the
result. Personal injury lawyers like if
you slip and fall that's different.
Last question from me is regarding me
and my partner. I never want to end up
in your consultation room.
We never want to go there.
If you were to give me one piece of
advice to prevent and it can't be don't
get married. Um to prevent me and my
partner ever ending up in your
consultation room.
It wouldn't be don't get married.
Okay. It would
What would it be?
Pay attention. Just pay attention. Right
now, you're paying attention. Like,
you're paying attention. She's important
to you. You're important to her. You're
interested and you're interesting. You
know, I I I would say pay attention and
and pay attention to three things.
The you, the me, and the we. Because
those are three different things. Like,
you be you, cuz you're who she fell in
love with. And don't let you go too far
from shore. like you be you. Don't let
don't let anything in the world don't
let her don't let the we don't let any
of it stop you from being you cuz you're
who she fell in love with and the she
right who she is. So there's you,
there's me, there's we. So her, remember
who she is. Let her be her. Like make
sure that she takes time to be her. Make
sure you give space for her to be her
because that's who you fell in love
with. And let that person change just
like you might change sometimes from
time to time. And if things change too
much, I'm not saying resist it, but note
it. Pay attention. Say, "Hey, this is
going on. Is it is that a good thing? Is
it a bad thing?" Like, what? You know,
let's just notice it. Let's just pay
attention. And then the Wii, like the
you, the me, and the we. Like, talk
about, you know, pay attention to the
Wii. Make sure we're watering the plant.
Like, make sure that that'd be the only
advice I'd ever give to anybody. It has
nothing to do with marriage. It has to
do with connection. It has to do with
love. It has to do with there's a reason
why you found the Wii, right? Like you
can be you all by yourself and she can
be her all by herself. But there's value
in in being we and seeing each other's
blind spots and and and and and if
there's value in that, treat it like
something valuable. Don't let the world
don't let your own strengths and
weaknesses don't let anything pull you
off of that. Pay attention to you, the
mei, and the wei. And don't be afraid.
The hard thing to do and the right thing
to do are usually the same thing. So if
it's harder to talk about it, it's
harder to point it out. It's harder to
say, "Hey, are we okay? Is everything
good?" Like, you know, if that's harder,
do that. Lean into that.
James, we have a closing tradition on
the podcast where the last guest leaves
a question for the next guest, not
knowing who they're leaving it for. The
question left for you is, what is
your most controversial opinion?
Oh god, you're going to be cancelled.
What is my most controversial opinion? I
think
I think I alluded to it my last
conversation with you. Um,
I my most controversial opinion is that
the most important thing in people's
lives and their greatest accomplishment
should not be their children.
That's a real hot like when you say to
people like I think it's if the if if
you say the most important thing that
ever happened, the greatest thing I ever
accomplished in life was having
children. I find that very um I find
that logic very strange because if you
say the most important greatest thing I
ever did in my life was having children.
Well, is then the greatest and most
important thing your children ever did
going to be having children and is the
greatest thing their children ever did
is having children? Because that's the
ideology of a virus or a cancer cell.
Like it's not like growth for the sake
of growth for the sake of growth. Like I
I think there has to be a higher nobler
purpose to life than reproduction. So
I'm not an antiatalist,
but I tend to when someone says to me
like my children are my greatest
accomplishment, I tend to look at them
and go like made some interesting
choices then. I guess
science and sort of evolution and
Charles Darwin might argue that that's
exactly the point of life is
and it is on the cellular level and for
squirrels and for pigeons
and we're monkeys.
Yeah, but I think we're different than
monkeys. Like if you've watched like
we're we're we're very similar in lots
of ways, but I'd like to think that that
there's something higher that we're
called to. And I don't know that
reproduction should be the highest goal
of a human being's life. I'm not one of
these people that thinks like don't have
children, it's a terrible thing. I have
kids. I love my kids. Was great having
kids. Learned a lot about myself in
having children. Learned a lot about the
life and the what I love spending time
with them. I have a great relationship
with my sons. I look forward to being a
grandfather. But the truth is like, is
it the greatest thing I ever
accomplished in my life? Absolutely not.
It's it's in the it's in the top of the
list. It's a wonderful experience I had.
But it is not the thing. And I think
that's a very I don't know why that is
such a controversial opinion. When I say
that to people, they they look at me
like I've got lobsters coming out of my
nose.
There's definitely two schools of
thought there. There's the one school of
thought that you were saying something
earlier and it really at the start of
the conversation about how people lose
their identity when they have children
and it causes all of this sort of
psychological dysfunction and who am I
now? I'm attached to this thing and
where did my life as an independent
person go?
You know that that's kind of the one
school of thought where
where you're resisting
become becoming all about procreation.
You're resisting becoming just a I'm
just here to be a mother father. And
then there's another group of people
that go absolutely this is me. This is
my purpose.
Right. But see, I I think like
everything like we don't have to treat
dandruff with decapitation.
Like I I think you can you cannot reject
the concept of having children or making
them a priority. And you can also not
make your children your entire identity.
I think that you can just sort of say,
"Hey, my children are incredibly
important to me. I love them. They're
wonderful. Um, but I also have other
aspects of my life and self and other
relationships that have value to me and
I'm not going to let them all be
sacrificed at the altar of my children.
Who's more likely to end up in your
office? Which school of thought?
People who are obsessed with their
children.
I think people who are obsessed with
their children stop paying attention to
themselves and to their partner. That's
been my experience of people who are
obsessed with their children. I don't
mean people who are focused on their
children. When I mean people who make
their children a high priority in their
life, I'm talking about people that are
like obsessed with their children. That
their children are their this is who I
am. I am a mother. This is who I am. I
am a father. Which cuz by the way,
childhood is a temporary state. Like
theoretically, you're going to have a
very close and intimate relationship on
a day-to-day basis with your spouse a
lot longer than your children. If it's
done properly, your children are
supposed to leave and go start their own
families and live their own lives.
Whereas your partner is not supposed to
in 19 years or 18 years move out.
They're supposed to stay there. So it's
kind of smart to also feed. Not again,
not only feed, also feed that
relationship. There's no reason why you
can't simult and by the way sometimes
being a really good supportive
person to your co-parent and loving your
wife and loving your husband is a
wonderful gift to give to your children.
It models great relationship behavior to
them. It it it's showing that you love
and respect the other person who loves
them as much as you do. Like there's so
much good in being a good parent that is
made up of being a good co-parent, a
good spouse, a good partner.
So you think you're more likely to end
up in your divorce office if you're
obsessed with your children?
You make your children your absolute
number one priority and your spouse
falls very far down that list. Yes, for
sure.
James, thank you.
Always great to see you. I love our
conversations because they're, you know,
you're a divorce lawyer and you, you
know, your practice, I guess, is dealing
with divorces, but your width of wi
wisdom and knowledge and how it all
intertwines in the most beautiful, wise,
enlightening way, and just the
overarching filter of you not being
afraid to say things that most people
would wouldn't say, you not being afraid
to be politically correct provides a a
message which is so important and quite
um unfortunately rare, but is so
everything you say is so
obvious in the sense that it's common
sense, but it's common sense that's
completely uncommon.
That means a lot to me.
That's what I found in your book as
well. I found the same level of brevity
and wisdom and experience and diversity
of experience which ties into these
central ideas. Everyone, if you didn't
go by the book last time, you have to go
buy the book. It's called How to Stay in
Love. Um, and it's my favorite book ever
written on the subject of love and
relationships and life, quite frankly.
So, I think everyone needs to go and get
the book. I'll link it below. Um, James,
thank you so much.
It's great to see you.
I love our conversations. I hope we have
many more. So, I really appreciate you.
Thank you for having me. It's great to
see you.
Isn't this cool? Every single
conversation I have here on the Diary of
a CEO, at the very end of it, you'll
know I ask the guest to leave a question
in the diary of a CEO. And what we've
done is we've turned every single
question written in the diary of a CEO
into these conversation cards that you
can play at home. So you've got every
guest we've ever had their question and
on the back of it, if you scan that QR
code, you get to watch the person who
answered that question. We're finally
revealing all of the questions and the
people that answered the question. The
brand new version two updated
conversation cards are out right now at
thecon conversationcards.com.
They've sold out twice instantaneously.
So if you are interested in getting hold
of some limited edition conversation
cards, I really really recommend acting
quickly.
[Music]
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James Sexton, a prominent divorce lawyer with over two decades of experience, shares his professional and philosophical insights on marriage, relationships, and the inevitability of endings. He argues that marriage, while often idealized, is fundamentally dangerous due to its high failure rate and the complex legal and emotional fallout that follows. He emphasizes that relationships require constant attention to three components—the 'you', the 'me', and the 'we'—and advocates for realism, such as the use of prenups, rather than clinging to performative illusions or cultural pressures.
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