Divorce Lawyer Reveals Harsh Truths About Love & Marriage - James Sexton
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Divorce lawyer James Sexton argues that the primary cause of modern marriage failure is gradual disconnection, often triggered by small secrets and withheld conversations rather than sudden catastrophic events like infidelity or financial dishonesty. He posits that avoiding uncomfortable discussions to maintain temporary comfort ultimately destroys relationships; instead, couples must prioritize doing what feels difficult but necessary for long-term health over immediate gratification. Sexton compares relationship maintenance to physical training in Brazilian Jiu-Jitsu, where one must deliberately work on weaknesses rather than relying solely on strengths. This principle applies equally to marriage: partners should be willing to engage in challenging dialogues early when issues are minor ("smoke") before they escalate into major conflicts ("fire"), treating the relationship with a respect that involves sacrificing short-term ease for long-term stability. The discussion highlights how technology has exponentially increased opportunities for infidelity by providing easy, low-risk entry points like social media interactions and texting from safe locations such as bathrooms or couches. Sexton notes that while people always cheat on those around them, the sheer volume of potential partners available online makes it far more challenging to remain faithful without constant vigilance. He acknowledges that no strategy can guarantee prevention against cheating but suggests maintaining a sense of moral accountability is beneficial. Furthermore, he addresses the common advice to "stay together for the kids," arguing instead that children benefit most from low-conflict environments and cooperative co-parenting rather than witnessing unhappiness between parents who do not love each other in the way marriage requires. Sexton details various paths through divorce litigation, ranging from amicable uncontested agreements handled by a single lawyer to complex courtroom battles involving millions of dollars. He emphasizes that using mediators or private attorneys acts like a scalpel for resolving disputes efficiently, whereas going straight to court is akin to using a chainsaw and often escalates conflict unnecessarily. The transcript includes anecdotes illustrating the absurdity of some legal fights, such as settlements breaking down over trivial items like toaster ovens, while also recounting bizarre courtroom moments involving false testimony about physical attributes that were resolved through medical evidence. He warns against "negative gatekeeping," where one parent subtly discourages a child from loving their other parent by acting cold or dismissive during visits, which creates damaging loyalty binds and emotional alienation for the children involved. Addressing systemic issues in American divorce law, Sexton contends that the system is not gender-blind but rather biased against men due to historical precedents like the "maternal presumption" and "tender years doctrine," where fathers were automatically second-class citizens until recent decades. He explains that while laws have evolved since the 1970s, downstream effects of these biases persist, particularly regarding financial promises made by breadwinners which are legally enforceable but emotional commitments like love or affection are not. Despite these structural challenges and societal cynicism, Sexton urges men to reject defeatist attitudes found in certain online communities that suggest giving up on relationships entirely. He concludes that marriage is a skill requiring practice, honesty, and practical effort, encouraging individuals to seek help before reaching the point of no return rather than adopting a "black pill" worldview where connection with another person is deemed futile.
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why are so many marriages failing today
it's a it's the that's the billion
dollar question I think you know and and
I think I think there's a simple answer
and then I think there's a complicated
answer I think the simple answer is
people
disconnect and and I think that's the
simple answer but drilling down into
that why do they disconnect you know
that's the bigger thing people say to me
all the time you know like oh we're
splitting up because he's sleeping with
his secretary or we're splitting up
because she spends all my money and
she's you know imposs and she's
dishonest with me about things and
really you know that's the marriage
killer right that final nail in the
coffin but when you sit down with people
and you talk to them about how did they
get to that point you know where
sleeping with your secretary was
anything but a remote thought that might
cross your mind you know when you saw
her by The copier or you know when when
being dishonest about the finances in
the family was just something that oh I
would never do that like when did we get
there that that suddenly that was on the
table that's the more interesting
question and and and in my experience of
23 years of of being on the end of it
you know being in the people are in my
office it's done now the thing is dead
you know it's like I'm the guy burying
it when when you talk to those people
you hear about a lot of small
disconnections that led them to the
final disconnection so I think the
answer is disconnection and the question
of how do people disconnect is very
slowly and then all at
once it's interesting to think how
important communication is that if that
begins to break down and if you start to
have small secrets and oh God if I say
this to her she's just going to chew my
ear off again I don't want to have a
fight tonight which causes you to hold
things back which causes her to feel
disconnected which causes her to hold
things back
which so so many of your past guests if
you distill what they have to say about
how to live your your life to like the
the the key concept it's actually the
same as what I would say which is the
hard thing to do and the right thing to
do are almost always the same thing
almost always so David Goggins will tell
you you know yeah the hard thing to do
is to go out and run a bunch and do a
million push-ups or Joo will tell you
you know the hard thing to do is to just
get up and get after it but it's the
right thing to do you know trading what
you want now for what you want most look
none of us wants to have an uncomfort a
conversation with our romantic partner
when we're with our romantic partner we
want to have fun we want to have sex we
want to have closeness and warmth and
all the good stuff right but look you
know you you can't have chocolate cake
all the time you know like it's what
makes chocolate cake so special is that
you have it on special occasions so you
really have to to treat your
relationship with the kind of respect it
deserves and the respect it deserves is
is the respect to not always do what
feels good in the relationship but
sometimes do what's necessary in the
relationship you you wouldn't parent
your children you know or or if you did
parent your children irresponsibly you
know Jordan Peterson would Pummel you if
you said well anytime my child's unhappy
with something I sto doing the thing
okay well then you're a terrible parent
so realistically what you have to do is
say okay I know we don't want to do this
right now but we got to do this right
now and sometimes having those
challenging conversations with your
partner early on you know early on in
the proc
when it's just still a little smoke not
a fire that's really I think when we
have to have the the foresight and the
strategy and the thoughtfulness to do it
and look that's something that you know
in in traditional gender roles you know
a man is a hero because he takes on the
task that other people don't want to do
he's selfless you know he's heroic he
steps up he's scared but he does it
anyway you know it's if if you're not
scared it's not brave it's only Brave if
you're scared so yeah I don't want to
ruin this lovely day I would like to
have with my romantic partner but you
know what I want a long-term strong
happy relationship with this person so I
have to have the strength to say no or
the strength to say yeah what you did
was not okay and we have to talk about
why that's not okay and how we're not
going to do it again and and I'd like to
think that our romantic Partners will be
intelligent enough to see our desire to
walk into conflict of that kind as a
sign of how seriously we take the
relationship and maybe we need to remind
our partner of that you know maybe we
need to remind the woman in our life
that Hey listen I love you enough to
disagree with you I love you enough to
tell you the truth you know I'd rather
have an uncomfortable truth and a
comfortable lie and I think most women
would too in their romantic relationship
but it's a costly signal of Truth and
investment right to go and do something
like that you have to pay a price well
why am I paying the price well
presumably because I think that the
thing that's on the other side of it is
worth it right right it's what you want
most you know what you want most is to
make look it's it's a whole lot easier
to stay happy than to grow miserable and
find your way back to happiness by the
time that's why my my book was called if
you're in my office it's already too
late like if you're in a divorced
lawyer's office something has gone
horribly wrong so so you really want to
try when this is just a small thing
that's when you want to to take those
steps now again I understand nobody
wants to do that like it's not you know
look I've trained Brazilian jiu-jitsu
for you know 15 years and the first few
years you trained Jiu-Jitsu you're just
you're not the hammer you're the nail
you know you're just getting beat up but
you realize listen I have to get beat up
I have to be uncomfortable I have to be
and and we all know the guys at
Jiu-Jitsu who just have like three solid
moves they got a good guard they got a
good pass they got a good submission and
they do them over and over and over
again they have tremendous holes in
their game you know what you have to try
to do is you have to try to train your
weaknesses over and over compete your
strengths train your weaknesses I think
it's the exact same thing in
relationships I think in relationships
you've got to be prepared to work on the
things that need work and and that's
again it's not always the fun thing to
do look we don't have a lot of free time
with our spouse or partner like we don't
have you know Saturday comes around the
last thing you want to do is have a lot
of heartfelt discussions and a deep talk
and upset her rather than you know have
her feel in the mood to to be romantic
with you but you know what man long-term
happiness is is more important than
when people do arrive in your office
even if it's not disconnection because
that's not front of mind that was what
happened previously not what has
happened now what are the most common
reasons for divorce that you're
finding you know infidelity is huge
infidelity is a giant sign that that the
relationship is really over that you're
no longer finding the connection that
you once had or that you want with a
romantic partner with your primary
romantic partner so that's a huge huge
piece of it and who's who's who's the
most common uh infidelity partner who
are people cheating with uh co-workers
you well let me say it's changed in 23
years so so 23 years ago when I started
doing this job Facebook was really like
kind of it hadn't even started I don't
think really so um and and and there's a
chapter in my book called if we were
going to invent an infidelity generating
machine it would be called Facebook um I
would change that now to say it would be
called Instagram but it's still a meta
company so sorry Mark um the reality is
or congratulations Mark I'm not sure
which um the truth is we now have
conversations with people we have
absolutely no business having
conversations with you know and we have
entry points that are entirely benign
you know that we have the permission of
our own conscience to do you know like
when you used to have to like go to a
bar and pick up a woman you know if you
wanted to cheat on your wife or you had
to like you know at the office you had
to risk the HR complaint that came with
that that's different but now now you
know you're on Instagram you know
nobody's looking at their phone in a
high moment of their life you know it's
always like you're on the toilet you're
on the couch whatever so you're not at
your highest point you're kind of living
your gag reel and you're looking at
everyone else's Greatest Hits and what
do you see you see the socer mom on your
son's team in a bikini oh she's in AR
Ruba you know do you te do you send her
a message in her DMS and say Hey you
look hot in a bikini no you say wow how
was Aruba looks like a great time
where'd you guys stay now totally entry
point nothing wrong with that you know
but what happens it starts a
conversation and that conversation
suddenly you're you're you're you're
round another person that you're having
some intimacies with you know some
secrets with some laughs with and it's
not a long jump from that to infidelity
to actual infidelity so you know
fundamentally I think we're cheating
with the the just massive number of
people we're interacting with now I mean
and and online you know these devices we
all have a supercomputer in our pocket
guys like come on you think our biology
was designed to have that many mating
choices out there you've talked about
this a million times in the show you
know the truth is is that we have we
have created such simple conditions for
infidelity it used to take some effort
you know there was a home phone bill you
couldn't call from home you had to use a
pay phone you know listen you want to
get a laugh listen to Stevie Wonders
song Part-Time Lover sometime it was a
song about a guyy talking to his lover
and he was like you know call Up Ring
once hang up the phone to let me know
you made it home like all the weird
Hoops people had to jump through to
cheat now you'd be like yeah send me a
text when you get in so I know you got
in safely like you can be sitting across
from your spouse cheating you know and
what are you doing oh I'm looking up
that restaurant we're going to this
weekend I want to see what's on the menu
like you know you can come up with a
million simple excuses that are in no
way going to create red flags so I think
fundamentally we we're cheating with the
people around us like we always did
except the number of people around us
has exponentially grown so that makes it
you know far more appealing and far more
challenging to to to infidelity proof
your marriage yeah although scrutinize
the co-workers first or have them work
somewhere with lots of ugly people maybe
it's entirely POS well I I do I do say
in in one of my chapters that um a lot
of people are sleeping with the nanny
and I say if you think hiring an
unattractive nanny is going to solve
that problem I would point you to Arnold
Schwarzenegger's situation because you
know his his then wife and the person
who he was sleeping with if you look at
the two of them in terms of rankings of
of attractiveness there's a disparity
there so yeah yeah well I suppose
getting an unattractive Nanny if Nanny's
a ground zero for cheating doesn't
necessarily protect you from cheating it
just damages your self-esteem when you
find out that it's happened right and I
don't think think anything
100% protects you from cheating and and
I I don't think that's a bad thing I I
think that it's always good to have a
little bit of that sort of democles
hanging over your head it keeps you on
your toes I mean you know I I I've said
before like you know you you you're a
little kid and they tell you cross on
the green and not in between and you
know uh look both ways before you cross
the street don't smoke cigarettes try to
exercise don't eat too much sugar don't
[ __ ] the nanny yeah don't [ __ ] the nanny
and you think okay I've got some control
over things and then at some point they
tell you about
aneurisms you know we like what is it
well you're just there and then you're
dead wait what like well well I'll see
it coming no no you'll just die well
okay well what can I do to prevent it
nothing absolutely nothing you know well
is there anything I could do yeah no not
really you know it's just YY meeny miny
mo like that's it and so you can respond
to that by saying well if there there's
nothing I can do to 100% prevent myself
from just spontaneously dying then I
might as well just smoke him if you got
them you know get out there and just do
whatever the hell you want but I think
we all know that that's that's not
that's not the way to do it um there is
something to be said for the benefit
that comes with being vibrantly healthy
even if it's not a guarantee that you're
not going to be you know perfectly
healthy your entire life and then death
is still inevitable look all
relationships all marriages end all of
them they end in death or divorce but
they all end so the question is it's one
of the only things in the world that you
say I really hope this ends in death you
know but but it's true like you really
hope your marriage ends in death but 56%
of them end currently end in
divorce and that's not accounting for
the percent of them that don't end in
divorce but end in misery that end in
staying together with someone who you're
very unhappy with who doesn't love you
or make you feel like the best version
of yourself and you don't make them feel
particularly good but you just staying
together for the kids or because you
don't want to give half your [ __ ] away
and I don't know that that's you know I
don't know that's a win you know but
even if that's 10% I think I'm being
generous 10% now you got a technology
that fails 66% of the time that's insane
that's insane what is your position
around kids I've had Brad Wilcox on from
The Institute for family studies
recently his new book get married uh
might be the antithesis to a lot of the
the insights that we get today but one
of his key insights same comes from
Melissa Cary as well in her book the two
parent advantage or two parent privilege
is that kids who grow up with loving mom
and dad or two parents in the household
ideally biological ones because you've
got a 50 times increase in childhood
mortality infant mortality risk if
you've got a non-biological parent in
the house etc etc etc what do you think
stay together for the kids what's your
belief that I I don't believe that um
because I believe you know having read
you know the unexpected Legacy of
divorce and some of the other books out
there that talk about the impact of
divorce in a long-term way on children
because there's a lot of data out there
about outcomes for Children of Divorce
and what what it basically distills down
to is that parental conflict is bad for
kids now there happens to be a fairly
strong correlation between parental
conflict and divorce but it does not
have to be you know people can
effectively co-parent and have a mother
and a father who are devoted to their
care who are Cooperative co-parents who
are good with each other communicate
with each other work in a unified manner
for the best interest of the children
but don't reside in the same household
and so I I I find it um very hard to
believe that two genuinely unhappy
people residing in the same home are
going to do a better job raising
children and modeling relationship ships
to those
children who then than a couple that has
the insight to say look we're not me we
don't love each other in the very
particular way that married people are
supposed to that doesn't mean we don't
love each other it means we don't
there's a lot of people I love I
wouldn't want to be married to you know
so what we're saying and and the way
that I often tell my clients to explain
their divorce to their children no
matter what their age is to say we don't
love each other in the way that married
people are supposed to because I don't
think it's healthy to tell children I
don't love your mother because they love
the mother so why would you say that I
don't love your mother the way married
people we don't love each other way
married people are supposed to but we
both love you and you're always gonna
have one mom and one dad and we're
always going to be a family and that's
the truth I tell my clients from day one
whether it's a knockdown drag out
litigation or the friendliest divorce in
the world I tell them you're gonna have
grandkids together if you have kids you
know a divorce with children is a knife
fight in a closet and if you just start
stabbing because you think you're going
to stab your ex you're going to stab
your kids you're going to hurt yourself
you're going to ruin everything in your
life so it makes a lot of sense to just
stand down focus on the kids get them
out of the conflict as much as possible
and try to live the best life you can
what does stabbing in the closet
constitute when it comes to kids and
separation well I think you know
creating loyalty binds for children you
know alienation I mean it's a spectrum
right there's straight alienation right
where you say to a child you know it's
not okay to love Dad he's a bad person
you know um that's a special kind of
psycho there's a lot of them there's a
lot of them but it's more common that
it's a little more subtle than that so
it takes a special kind of crazy person
to say your dad's a bad person but a lot
will do this
hello here it's your dad okay you just
said Dad's a bad person you roll your
eyes when you hand the the kid the phone
you just said Dad's a bad same same
thing kid comes home from a visit with
Dad and you say oh do you have a good
time yeah what' you guys do oh we had so
much fun we went to the park oh that's
great all right well go upstairs and
wash up we're gonna have dinner shortly
or oh you're back oh I missed you so
much did you miss me too yeah where did
you go oh you went to the you went to
the park today Dad it's so cold out dad
took you to the park that's well I I
guess maybe he wasn't thinking about it
so boy I missed you so much I'm so glad
you're home you must be so happy to be
what are you doing you're telling this
kid it's not okay to be happy with Dad
you're telling this kid dad is something
that I'm worried about you being with
but you're not explicitly saying it if
you ask that child if a judge asked that
child does mom talk bad about Dad the
truthful answer is no she doesn't she
didn't say one bad word but she sent the
message home clearly it's just listen we
all know what this is like I mean you
know you say to your girlfriend how how
you doing
fine okay cool no no you're not well
what's the matter no nothing it's
nothing it's fine okay so you're you're
getting it across you're getting your
point across and that's what it it looks
like to harm your children I'll take it
a step further something that's really
come into sort of the judicial and legal
zist right now is this idea of what's
called negative
gatekeeping which is a much more common
form of alienation which really is you
could have been helpful but you were so
much more you know like you you had an
opportunity to build up or bolster your
co-parent with the child and you just
let it fall flat instead you know you
could have been helpful but you choose
not to be an example great example is
your partner you know your co-parent
gets into a new relationship now look
none of us are going to be thrilled when
our ex gets involved with somebody new
but it's a reality of Life 86% of people
are remarried within five years of their
divorce so the likelihood of people
remarrying or getting into serious
intimate relationships after they
divorce very very high so why why you
know when when the child comes home and
says oh I met you know mommy's new
friend
Tom you can say oh that's great was he
nice oh that's great I'm so glad you
liked him that was there what' you guys
do oh that's really good or even better
gold standard the parents communicate
with each other and say hey he's gonna
meet my new boyfriend Tom you know Tom's
a mechanic uh and uh you know he he's a
really nice guy you know I thought maybe
he could even help fix our kids bike or
whatever and then when the kid says oh I
met go oh that's great I heard you were
going to me time I heard he's so nice I
heard he knows how to fix bikes that's
awesome you know did so you could be
helpful and instead I met you know mom's
friend Tom
okay nothing you know just nothing
helpful nothing to tell this child how
you because look children look to us
about how to feel about things I mean
it's why it's like the classic joke when
a little kid falls down you know they
fall if you go oh my God are you okay
they instantly start crying whereas if
they fall down and you go oh oopsie
you're okay you're okay they GNA get I
guess I'm okay you know because they
look to adults as to how how am I
feeling so it's really the same thing as
a co-parent look you're supposed to love
your kids more than you hate your X so
really what what I always tell people
who you marry I mean if you have a
prenup marry whoever the hell you want
but if if you don't have a prup who you
marry the worst they can really do is
hurt you financially you have a kid with
someone they could torture you for 20
plus years easily you know and in real
ways like really profound ways because
most people love their children more
than themselves you know and and
thankfully most people love their
children more than they hate their ex
but I will tell you most of the people
in my office who screw their kids up
really badly in the divorce they don't
mean to they don't mean to you know I
don't believe that people are you know
engage in evil Behavior because they're
evil I think they mistake it for
happiness I think they have the
permission of their own conscience and I
think as a culture we really do glorify
you know that sense of like oh screw
your re screw them they're an idiot you
know as opposed to looking at
relationships like chapters in a long
book you know and that yeah look you
know what we we loved each other for a
time we loved each other in the way we
loved each other we did our best maybe
it wasn't the best we could do but it
was the best we could do at the time and
you know we we left the relationship
hopefully better people for having had
the relationship and now we move on move
forward to the next thing and hopefully
to to more love or different love with
someone who's well suited to us or
better suited to us what do you think
about prenups are they actually
protective absolutely absolutely I can
tell you for certain they are protective
because they they cost a divorce lawyers
a lot of money they're not expensive to
do we no there is no divorce Mo lawyer
saying man I'm crushing it on prenups
financially like litigation one day of
litigation I'm going to make more money
than I would in a month worth of doing
prenups like prenups are a couple
thousand dollars worth of work even the
most complicated ones so and if they're
effective and and most of the time
they're effective I mean there are very
specific and limited grounds on which a
person can set aside a prenup and any
decent lawyer knows what those are and
sees them coming and has a variety of
ways to control for them I mean most
good divorce lers were paid to be
paranoid so we wear suspenders and a
belt when it comes to the preup like I
have you know all the vulnerabilities
duress language problems you know we
find in in the document itself five
different ways to solve for that issue
and we follow what goes on in the appell
at division the court of appeals the
higher courts so that we control for we
look at how did a prup get set aside and
how can we bolster up that defense and
Shore up that hole that that's created
or that the higher court is telling us
is a basis to set aside a prenup and I
have to tell you I mean I have seen some
prenups upheld that I think fairness
would have dictated that they not be
upheld like more often it is much more
likely if you ask a divorce lawyer that
they have seen cases where the prenup
should have been set aside In fairness
and it wasn't than cases where they've
seen a prenup set aside there very few
where is this meme on the internet
coming from that even a prenup doesn't
protect either person's possessions and
finances and all the rest of it and if
you marry him or you marry her they're
going to take you with them for six
months and they're going to take half of
everything for the rest of time and
you're going to be bankrupted with a
gluten intolerance living under a bridge
where does that come from I I think it
comes from the same place that most
extreme points of view come from and
that is a wildly defe attitude that
doesn't want to actually read or look
anything up or or or that creates like
treats Google the same as a law degree
in 20 years of experience you know and
that's unfortunately a widespread
problem like I can't tell you how many
people come in and say well I downloaded
this off of the internet and that's what
we did as a prup and you look at it and
go yeah this isn't worth the paper it's
printed GPT to write congratulations you
saved a couple of hundred doll and
you've cost yourself hundreds of
thousands of dollars worth of litigation
now so I I do not know where that comes
from except that I I do think that
people are quick in all fields to say ah
there's nothing you can do about
anything everything sucks no matter what
you know yeah you could quit smoking but
you know what you get hit by a bus so
okay you're right so just do whatever
right do I just think it's a defeatist
attitude and it's just easier it's
easier to do nothing it's easier not to
get a prenup by the way it takes some
courage to get a prenup it takes some
courage you have to have a tough
conversation with your part how do you
uh how do you suggest that a person who
wants to get a prenup have that
conversation I think it can be my
personal belief is that it it can
actually be I think a very romantic and
connected conversation I know that
sounds crazy but I genuinely think it is
because I think what it's
about is saying to your soon to be
spouse that we're gonna we're gonna have
to have hard conversations I don't want
to just be with you when it's fun I want
to be with you when it's hard too I want
to not quit when it's hard like I want I
want I want us to make each other a
promise that we're with each other
whatever life throws at us and it's
going to throw a lot of stuff at us but
I think we both have the right to never
feel
afraid that we could weaponize against
each other at a level where one of us
walks out of this marriage and the other
one crawls and so I think it's about
talking to your partner about I want
this to be forever if I didn't I
wouldn't marry you
but if it's not what would we owe each
other what do we need what would you
need you know what would I need from you
like what what would be fair what's our
sense of what would be fair and Having
the courage and and having the love for
your partner to be able to look at them
and say hey look you know like let's
look at the wha ifs you know let's look
at the and by the way we do this in
relationships come on women love this
how many times have you been dating
someone and they do the like if I lost
an arm would you still love me if I had
had to have a double masectomy because I
had breast cancer would you still find
me attractive you know would you I mean
and look you know men make jokes about
that you know Daniel TSH has a great
joke about how like you know his
girlfriend said to him at one point like
you know if I lost a leg would you still
love me and he's like you break a nail
I'm out of here like a leg your whole
leg Yeah no forget it you know but the
but the truth
is what what a woman is saying when she
says that to you like if I lost my arm
would you love me if I had breast cancer
and and my breasts were gone would you
still find me attracted I is is how deep
is your love for me and what would it
endure you know well I I don't think
it's an unreasonable or unromantic
question to say if we hurt each other we
hurt each other right are we gonna go
nuclear on each other like because I
never understood I never understood I
mean you want to talk you know reality
TV you know that that that's a great
litmus test for this like when people
are on the Bachelor or love isol or any
of those things right and go from well I
really think I like him and he might be
the one and then when he goes yeah I'm
sorry I chose somebody well I never he's
a piece of garbage and I know wow
because like a minute ago you were
saying if he proposed to you you'd say
yes like so what how did you go from
there to there like if that was true
your reaction would have been well my
heart is broken because I really think
you're the one and now you've heard me
but you know what I love you and I want
you to be happy and find joy and it
makes me terribly sad that it's not with
me but you know I wish you well because
when you love someone you wish them well
even if it's to your detriment you know
and so a prup is saying listen I don't
want you to be here I want you to lay
your head on the pillow next to me
because you love me and you want to be
here not because you're afraid you won't
be able to survive financially without
me or because you're afraid I might
weaponize against you in a court of law
like it really there's something
wonderful about saying like no no if we
split up you'll get this you'll get that
I'll get this I'll get that and we'll
both be okay but you know what I won't
be okay because I won't have you what is
the best way to construct a prenup I
think the simplest way is actually the
best way and that is because you don't
have a crystal ball you don't know what
the future holds and if you want to make
God laugh tell them your plans so I
really think the way to to structure a
prenup is to just have like tranches
have buckets and I call it you know
Yours Mine and Ours which is if it's in
my name it's mine whether it's an asset
or a liability if it's in your name it's
yours whether it's an asset or a
liability and if it's in our joint names
we're going to split it 5050 so if it's
an asset we'll divide it 50/50 or if
it's a liability we'll each be
responsible for half of it and that
gives you the ability both of you
throughout the marriage to have
conversations right there's no prenup
there's no contract that you can sign
and set it and forget it you never have
to have a conversation about money or
about anything tough in the marriage
ever again if there was believe me i'
I'd make a lot of money selling that
document but the truth is the best thing
you can hope for is something that
creates a structure that the two of you
can then work together on and understand
clearly does that work does that not
then create another ground
for a reminder of the lack of unity
potentially or the future impending
potential uh separation that if every
time that a piece of money comes in such
and such has got to to draw down his
dividend for this year well is that
going in the personal or is that going
in the joint a car but I mean
he's he's working because she's the
stay-at home mom and then there's this
sort of financial prisoner type scenario
but but wait you know again like momento
Mory doesn't have to just exist as to
the individual it should exist as to the
couple like remember your going remember
that love is not permanently gifted it's
loaned you know remember that that that
like I don't think there's anything bad
about having to have ongoing
conversations like if she's a
stay-at-home mom and he's the bread
winner it is worth having conversations
along the way about the value of those
two roles you're not doing yourselves
any favors pretending that Dynamic
doesn't exist or forgetting like most
couples do that those Dynamics exist and
just being resentful towards each other
well all she does is stays home and does
nothing I have to go out to work every
day well he's never here at helping with
anything with the house he's always just
out he gets to be in the world
interacting with people instead of
looking at hey look we each bring
something to this relationship and we're
each losing something for the bringing
of that something right like like the
the the the the tragedy of our current
dating and marriage situation and the
chaos that's come from comes from the
fact that there is no longer clarity as
to what anybody's supposed to be you
know if a man's a bread winner but why
aren't you home with your kids and
taking more care of them and if a woman
wants to stay home with kids how dare
you Bella abzug would be disgusted by
Gloria Stein would be disgusted by you
which by the way isn't true you know
feminism was not born of the idea that
you know women should all be capitalist
cogs in the workforce and the couples
should both devote all of their energies
to to the bottom line financially rather
than the devotion that they have to each
other and to their children you know but
yeah a prup is about having ongoing
having an original conversation than
having ongoing conversations about why
we're doing what we're doing financially
you know when you got that big bonus at
work why did you put it entirely in the
account in your soulle name I'd like to
have that conversation while we're still
together rather than in a divorce
lawyer's office in the proceedings of
the divorce why not know where you stand
with each other yeah what are some of
the ways that people go about divorces
in terms of behavior or structure or
announcements or whatever that cause
everyone more financial or emotional or
litigious pain than is needed yeah I
think I think you just tapped on it
which is going going to litigation from
minute one is really a bad idea I mean I
jokingly tell people that you know if
you if you divide your assets with a
mediator or with two lawyers negotiating
on your behalf you're doing it with a
scalpel if you do it in court you're
doing it with a chainsaw hang on hang on
just explain to me what's a mediator
sure what's La what so there's a lot of
paths up the mountain of divorce right
and and and so the the the going from
like the friendliest to the most extreme
and then everything in between the
friendliest is two people sit down at
their kitchen table and they map out on
a piece of paper here's what I need
here's what you need here's what you'll
keep here's what I'll keep and they go
to one lawyer and say can you write this
up for us they both sign off on it and
it's an uncontested divorce that's the
simplest you do that with kids as well
of course yeah of course of course court
system is not going to get in the way of
what two people agree upon you know if
if what they agree upon is not
unconscionable meaning it is so patently
unfair that no rational person would
accept it and no rational person would
offer it who was acting in good faith so
as long as it's you know it's Unique to
your situation it's totally fine courts
aren't going to second guess things the
next stage from that more likely because
a lot of times people don't know what
questions to ask they don't know like
what issues so they go to a mediator a
mediator is either an attorney an
accountant therapist someone who's
trained in conflict resolution who
doesn't represent either person
individually but instead represents the
transaction and they sit with the couple
either in together as a group or they do
shuttle diplomacy you know where they
kind of canvas back and forth between
the two and they try to reach resolution
they try to identify all the issues that
have to be resolved and then they try to
resolve them and then they can write
that up and make it binding that's a
lovely thing when people can do it I try
to send people who come into my office
who could potentially mediate I try to
send them out to a mediator even though
I that's sending money right out the
door but my attitude is if you can go to
a mediator go to a mediator problem is
is mediation somewhat self-selecting
most most people can't advocate for
themselves they don't feel comfortable
having that discussion directly with
their spouse even with the mediator in
the room so more commonly the majority
of cases resolve the next step in the
kind of Continuum and that is where you
have two people who each hire their own
individual attorney attorneys and the
attorneys educate their individual
clients as to their rights and
obligations their upside reward their
downside risk you know here's what you
might get in court because really it
comes down to what do you need what do
you want what are you entitled to what
you need you're going to get what you
need you need food shelter to see your
children what do you want there could be
no limit to what people might want so
what you want is informed by what you're
entitled to so a lot of what a lawyer
does is explains to someone better than
Google could what it is that they are
entitled to and then the two lawyers
work with their respective clients and
with each other to try to reach a
mutually acceptable resolution or one
that everybody's equally unsatisfied
with the next stage in the Continuum is
if there's something we can't agree on
who's the tiebreaker the judge right so
one of us has to file one of the lawyers
files what's called an rji a request for
judicial intervention a judge gets
assigned to the case and then that judge
weighs in a little bit and says well
here's what I would do with this issue
or with these facts presented here's
what I might be inclined to order if we
had a hearing and nine times out a 10
you know actually 98% of the time is the
less statistic I heard on this of
divorce cases resolved before the entry
of a final judgment now that's a little
misleading because it gives people the
the mistaken impression that like people
don't litigate divorces they do it's
just what happens is you litigate for a
little while and then everybody kind of
gets the answers they wanted from the
judge and now you know what the judge
might do so sometimes you got to do
three four days of testimony and trial
and then you resolve the case because
the judge kind of waves everybody off
and says all right look here's what I'm
probably gonna do um and then of course
the furthest extreme is knockdown drag
out litigation which again is kind of
what I specialize in and it's what I do
for a living is I'm I'm something of a
weapon you know you point me at the
spouse and my job is to just go after
them and sort of you know take no
prisoners cross-examine people um and
that's not you know if if you're in that
position it's unfortunate it's
unfortunate under all circumstances
either if you're on the receiving end of
it and you need me to be the the person
defending you or if you're the person
who needs to weaponize against another
person you've lost already to some
degree um because you're spending
hundreds of thousands if not millions of
dollars depending on the scope of the
issues presented I mean I've had cases
where the legal fees go into the two and
three
millions which do you prefer to do
defend or
prosecute I like both the same it's kind
of the exact same skill set that's like
asking someone who does Jiu-Jitsu do you
like you know top game bottom gam like
kind of man just two different Paths of
the same thing and the goal ultimately
is to get to roughly the same place to
get to the submission so it's really the
the the same kind of thing I
personally I I kind of am like a legal
version of Steve Prefontaine like I I
think you set the pace you control the
race so I like to be a front runner like
I like to be the one who's making
everybody work real hard but you know
Prefontaine didn't win the Olympics for
a reason which is you you actually if
you're SM smart and scientific you let
people you know drag and you let people
create you know that th and and and you
know from a physics standpoint it's not
the best way to do things but I you know
I I like litigating cases I'm a trial
lawyer at heart I like cross-examining
people I enjoy the sort of full contact
storytelling that is a trial um and and
it's a it's a very exciting type of
thing it's a very exciting line it's an
intellectual it's a chess match in the
same way that chess or Jiu-Jitsu is it's
it's really about faints it's about you
know taking risk it's about every time
you give something you give something up
at the same time so it's it's a very
very exciting career but again I I never
want people to have to get to that place
I do everything I can to prevent it and
I think that's you know it's the it's
the nature of violence for example you
know like it cops carry guns so they
don't have to use them you know if
someone's a really good fighter you're
going to be less likely to take a swing
at them them so people hire trial
lawyers because you know it's better to
be a trial have a trial lawyer and not
need them then need a trial lawyer and
not have them and instead you have
somebody who's not a litigator at heart
you know it's better to be a a warrior
in a garden than a gardener in a war so
um being a trial lawyer it's a lot of
fun you don't always get to use that
skill set um but sometimes you need get
to the place in the career where I am
where people hire you because they have
a complicated case if somebody calls me
up and they have a very simple case I'll
say listen there's better choices than
me for for that type of case because I'm
more expensive because I'm a more um I'm
I'm more of a weapon what are some of
the more complex or uh outrageous cases
that you've had to go
through you know i' I've seen every
variety of of human chaos and misery I I
think in 23 years of doing this I mean
I've I've seen people just emulate
themselves you know and and it's
everything from the the the humorously
Absurd you know like a fabri egg or
something like that yeah I mean I once
saw a multi-million dollar settlement
breakdown over a toaster oven a toaster
oven was it like a $32 toaster oven and
I remember saying to my client like I
will log on Amazon right now and buy you
three of that toaster oven if you just
settle the case like what are you guys
doing you're arguing over a toaster oven
and they just you know it's it was just
the hill they both wanted to die on and
it broke the whole settlement down and
they ended up litigating all the way
through but I mean I've seen all manner
of chaos i' I've SE I talk about in the
book I I I tell a story about a trial
that I once did where um this person had
had clearly married my client solely for
their green card and as soon as they got
married he vanished and uh my client who
had married in good faith um was
devastated by this she wanted to anull
the marriage and he refused to Grant the
annulment and he was pretending that
they had been married um and that the
marriage was a legitimate marriage and
she shared with me that they had not
consummated the marriage that they had
not had sex and I said well you can't
prove that you guys didn't have sex you
know that's not you know there's no way
to prove that and she said well my you
know I'm I'm I'm a virgin so I said well
you know you're also a 30-some old woman
like the chances of your Heyman being
intact are minimal like if you ride a
horse if you you know fall dead like
there's million things that after a
certain age that that can happen um so
she went to her gynecologist and and
came back about a week later and my
secretary said oh she's here she's in
the conference room and I went in and
she was like weepy and I said look you
know it was unlikely that it would and
she said no no it's it's intact you know
she was like I'm just crying because
it's like shocking to me that it's
intact and that so we went to trial and
and the guy got on the witness stand and
and I cross-examined him and I said and
you you know you you had sex with my
client is that your testimony and he
said yes and I said now sir how how
large is your penis and of course the
other side objected and I said your
honor I'm going somewhere with this I
promise she said all right I'll give you
a little leeway Mr seon but not much
this is not going to turn into Penthouse
forum and he said it's normal size I
said you know I'm fuzzy on what normal
size means sir do you mean it's 5 Ines 6
Ines seven inches how big roughly and he
says well it's about six or seven inches
when I okay and when you say you had sex
with my client you had you had regular
sex you had had vaginal intercourse yes
and you had no problems at all inserting
your penis again posing Council of Ja
the judge says Mr jaon where you going
with this and I said just give me a
little leeway your honor and he insisted
that yes they had sex so ended the
cross-examination called her OBGYN to
the stand and they testified to the fact
that he would have to have a micrus
meaning a penis of less than one inch in
order for him to have not penetrated her
Hyman so then he got back on the stand
and suddenly he misremembered and his
penis is much smaller than he testified
to it's actually quite small and before
I could say your honor I want an
independent medical examination of this
man's penis the judge waved us both off
and said all right Hang on we're we're
we're and she took us all the two
lawyers in the back and she said you're
settling this case give her the analment
or else I'm going to sanction this guy I
might even put him in jail for perjury
and sure enough we we got her the an
nment but that was one of the craziest
cases I mean to have a man get on the
stand and and suddenly testify to the
fact under oath that he had been lying
about the size of his penis and it was
actually only about an inch um I never
thought that you know I did not go to
law school with that in mind um but yeah
I mean I've had so many bizarre cases
and and and and you know some are tragic
some are you know you see things in this
line of work that you can't unsee um you
know the way people treat children the
way people treat each other um I had a
case recently where I had a a
represented a woman who her husband was
a perpetrator of domestic violence for
many years but he was incredibly
charming and incredibly handsome and he
just no one would have believed that
this guy was violent or abusive I I kind
of didn't believe her I'll be candid I
mean my job is to advocate for her and I
advocated very well for her but I I
remember meeting this guy and seeing
this guy in court and sort of dealing
with him and thinking like I don't know
I just can't picture it you know it he
seems so lovely he seems so nice you
know um and thank God they had a ring
doorbell because it captured unbeknown
it'ss to him um him beating the [ __ ] out
of a six-month labber go uh uh black lab
puppy that they had and just like
kicking it throw whacking it against the
wall which I'm a dog lover so having to
watch that and listen to it was
nauseating to me you know it's nause it
was horrifying to me but it was the
piece of evidence that we destroyed this
guy with because you know he got up
there and he presented so well and then
you see this video of him just brutally
beating an an a helpless defenseless
animal and you realize okay this guy's
like capable of atrocity so you know I I
my job is never boring which is a
wonderful thing um but it is sometimes I
I bump into the absolute worst parts of
humanity and the absolute just people at
their absolute you When Love Goes South
it it brings out something really really
vicious in people um and the way we
treat each other is shocking to me
sometimes I I I'm I'm very blessed like
I every ex I've ever had every
ex-girlfriend my ex-wife like I I have
tremendous love in my heart for them
they're all friends still to this day
like I still stay in touch with them you
know um I wish them every happiness I
know they they would wish me happiness
as well even when we heard each other
even when we weren't right for each
other even when we failed by our own
weakness and our own you know
foolishness as humans like we still we
still cared about each other you know
and and I I don't understand the level
of brutality that people unleash on each
other in themselves when their hearts
are broken I mean I get it it's it's
very human but it's uh it's shocking to
me how people can lose their minds when
they get their heartbroken have you
struggled
to protect your personal view of romance
given the daily exposure that you deal
with in your professional life you know
there's a great line in a Joseph one of
my favorite poems Joseph Brodsky has a
poem called the song He wrot it when his
wife died and the poem's very pretty
it's worth looking up but but the the
refrain of the poem is I wish you were
here dear I wish you were here I wish we
sat in the car and you sat near it's
about missing someone and longing for
someone and one of lines in the poem is
I wish you were here dear I wish you
were here I wish I knew no astronomy
when the stars
appear and I always loved that line
because I I wish I knew no astronomy
when the stars appear like when when you
don't know astronomy the Stars Are So
Beautiful they're these little pinpoint
lights in the sky you know and you can
understand how all these ancient
cultures like believed it to be that
heaven was there and that this was holes
in the blanket that covered heaven or
that the stars were the Gods in some way
all the Myriad of things we came up with
to explain it and when you know
astronomy you know that this is a ball
of gas you know what this is so to me
you know I I wish I knew no astronomy
sometimes when stars appear I think I
wish I I wish I'd known I shouldn't say
I wish I'd know I wish I could look at I
love going to weddings I love weddings
like I still get Tey at weddings I'm
still cheering for these people when I
go to a wedding but I kind of wish I
didn't
see what I see it it can't help but beat
some of the Romantic out of you doing
this work but it it doesn't take away
you know the beauty of it I had a
conversation with a gynecologist friend
once and I said to him he's very happily
married guy and I said to him like come
on man seriously between you and me do
you like get home at night and like say
to your wife like babe if I see one more
I'm just I can't you know and he said
yeah it's not the same thing he said
it's not the same thing he's like it's
like it's a totally you know your brain
just doesn't even process those the same
way you know and I think it's the same
thing I I I I definitely learn a lot of
lessons about what not to do um I think
the divorce rate among divorce lawyers I
I don't know if anyone's ever studied it
but I'd imagine it's lower even though
the profession is a demanding profession
and and therefore it's a Harsh Mistress
I I think divorce lawyers are very
acutely aware of of uh you know just how
hard it is and and and and all the
mistakes that people make
unintentionally so I don't you know I I
I don't like
ignorance I like an I would prefer an
uncomfortable truth to a comfortable lie
so I I like going in knowing that you
know yeah we might we might crawl out of
this thing we might hurt each other but
you know what like it's it's worth
trying you know it's worth doing so like
it's you know there's nothing great ever
achieved without some enduring and
without some risk so you know I think
love is one of those things you just
keep trying and you just keep going
after it and you know maybe you never
find it and that's what's meant to be
and that you just have a lot of really
good scars to show for it like there's a
school of thought that would say that
you know that only unfulfilled love can
be truly romantic you know that I love I
mean I listen I've I've been madly in
love and I've had my heartbroken and I
think both were beautiful you know both
were some of the greatest poetry some of
the greatest
art came from heartbreak some of the
greatest Insight in life came from
heartbreak you know like from Lo from
loss from Pain you know and you know
when when I sat down with uh Lex
Friedman you know a couple months ago
Lex and I were talking about dogs you
know we were talking about we both have
had and lost dogs who we loved very much
and I said like you know but like I I I
don't know it's a pain worth having you
know like because the alternate is the
pain of never having experiened
the joy and the closeness of that like
and I don't I don't know I don't want to
die with any without any scars like I
don't want to tiptoe through life and
arrive safely at death like I wanna I
wanna you know give it give it my all
and and and and if I succeed or I fail
like I felt big you know so I think it's
good to not be wildly Reckless with your
own heart or anybody else's heart but I
don't think that you know that I think
love is worth the risk I believe that
what about I've always wanted to ask
someone that stands up and just
cross-examinations or spends time
working for people because they are the
clients not because they have elected
them as some Paragon of virtue or
whatever yeah how morally conflicted do
you get when you need to defend or work
on behalf of somebody that you have
doubts about their their character or
about how virtuous they are or you know
you maybe don't even particularly like
them or respect them as a a person or a
human being um or or if you destroy or
annihilate somebody in Cross examination
like is there a is there a difficulty
doing that well so those are two
different questions so the first one I
would say is what is it like to
represent an [ __ ] or someone you
don't believe in right or to weaponize
against a nice person right so when you
represent someone you know is guilty or
you know is a jerk or you know probably
doesn't deserve the relief like someone
is just putting the kids right in the
middle to gain tactical advantage or
financial advantage
you know I was once described and I
think the person meant it as a
compliment but they wrote in a review of
me and it's stuck that I was the
sociopath you want on your side that's
what someone described me as and I don't
think I'm a sociopath but um I I will
tell you I believe in our system I
believe in democracy I believe in our
legal system it's not perfect but just
like democracy our version of democracy
you know it's it's awful except for all
the other on you know um I I think it's
a good example of how to do things right
it's not perfect but it does things
right A lot of the time and a and and a
absolute key to it is vigorous advocacy
you know that everyone is entitled to
vigorous advocacy whether it's if it's
criminal proceeding the state has the
burden of proof and and you have the
right to vigorous representation to
confront witnesses to elicit testimony
you know to to a vigorous defense so I
believe in that and I I lean on that
when I'm representing someone who I I
you know I look at them and I go yeah
this is not a nice person or a good
person I will tell you the truth has a
way of coming out sometimes despite my
best efforts the truth has a way of
coming out like I can throw up a lot of
smoking mirrors I can do a lot of real
great show I can put on a show and you
know people buy the sizzle as much as
they buy the steak but at the end of the
day it's the steak you know and you can
taste if it's garbage you can taste if
it's rotted and so the truth has a way
of coming out the truth fears no trial
in my experience now the the other
question that's an interesting question
I don't think I've been asked before is
what is it
like to weaponize against a person who
you know is probably a nice person and
to eviscerate them on the stand and and
that's I will say it's
not it's not pleasant to do from a
interpersonal standpoint but you get
very in my line of work you get very
interested in like the technique of
argument so you're really thinking more
about how you're doing what you're doing
than the morality of what you're doing
you know and again you know I feel sort
of like there's there's in Gross Point
Blank the John kusak film about an
assassin he's uh you know he's breaks
into the guy's hotel room to assassinate
him and he's like over him with his bed
he's got the gun and the guy wakes up
and he looks at him he says please
whatever it is like I'm sorry whatever
it is don't do this and he says I'm not
the one who has a problem with you pal
and then he shoots the guy you know and
it's it's kind of the truth like I'm not
the one you know I didn't tell you get
in the ring you know like I I I would
have told you don't you know but but you
partly get very caught up in the
technique of it you know i' i' I I love
trial work it's just like I said it's
it's an intellectual kind of combat it's
like debate with higher Stak in some
ways and it's with you know it's real
time like it's it's a it's a real it's a
really um it's an art form I mean it's a
it's a blast to do you know so I I I
really get caught more in the technique
of it than the morality of it but I have
a chapter in the book where I talk about
a case that I should have lost and I won
and that I felt quite badly about
because the reason I won was that the
lawyer I was against was very
inexperienced and not very talented and
they couldn't get a piece of evidence in
and I won as a result of that and really
I shouldn't have and my client who was a
a vicious human being who had brutally
beaten this woman up um he walked out
free you know and he uh he actually
paded me on the back as we were walking
out of court and he said you know one
good lawyer is better than 20 stickup
men and I remember I kind of felt dirty
at the end of that case and curiously
enough like
I I I wrote about it in the book about I
don't know 10 years later maybe more and
when I read my audio you know when
you're recording an audio book you know
you sit in a booth and you have to read
your book and and you you've never read
your book out loud like who the hell
reads their book out loud you know I
wrote it but I never read it out loud
and you read the whole book out loud to
yourself and I I got about halfway
through that chapter and I got choked up
and I had to like take a break and I
remember thinking that's weird you know
like that's I did not see that coming
like I wrote that chapter and I didn't
feel that way I've read that chapter
feel that way but something about
reading that chapter out loud made it
feel real to me that like I had been
part of some of Justice not being done
and that felt ugly yeah what's the
reality of the American divorce law in
your opinion just how good or bad is it
because again if you were to take the
internet or YouTube comment section or a
Reddit threads perspective it would be
completely biased it would be be totally
Ender blind it would be very swayed in
One Direction or
another that's not entirely inaccurate I
mean it's it's terribly flawed in a
number of ways I mean one it's flawed in
in a general way the same way that a lot
of other things in our society are
flawed and that is that you get as much
justice as you can afford a lot of the
time like it's it's not a fair fight if
someone can afford me or one of my
colleagues who's experienced and
knowledgeable and the other person can
only afford you know a person who's like
a real estate lawyer and also does
divorce from time to time and he'll
charge you, 1500 bucks to do your
divorce it's not going to be a fair
fight you know um and so that's not good
there there needs to be some ways to
control for that
better um and yeah it's definitely not
gender blind because our society's not
gender blind I mean it's just not you
know I have clients who call call the
police when their spouse has violated a
court order and if it's a male and the
police come they'll say well it sounds
like a family court matter and if it's a
woman and the police come nine times out
of 10 they do something about it they
call the guy and they say you have to
return the child or hey if you don't you
know could leave this room we're gonna
have you arrested like it's so it isn't
gender blinding I think it's biased
against men in Fairly significant ways I
think anyone who's not being naive would
admit that but but you know people don't
want to say that I mean it's you know I
I hate to say that that you know
heterosexual males particularly white
heterosexual males are are not exactly a
protected category anymore um and the
system is is very much designed against
them to some degree because you know
they the the
financial promises that a man makes
during a marriage if he's the
breadwinner which still the majority of
Breadwinners in households are men in a
family where there is a bread winner and
a care provider for the family for the
children it's typically a Man by a
fairly significant majority um and those
promises are enforceable at law so if if
if I marry a woman and what she what I
bring to the table is I'll provide for
you I'll give you food shelter and and
and funds with which to care for the
things that you need and what you'll
provide me is affection and love and
okay the law can enforce my end to that
bargain they can't enforce your end of
that part they can't force you to be
nice to me they can't force you to love
me or sleep with me but they can force
me to pay you and so that creates a a
bias it creates a problem when only one
side of a contract is enforcable by
force of law that's a problem so I don't
um I don't think the the system I think
it's a very easy thing for people to say
oh I didn't get custody to my kid
because the system's biased okay I I
don't think that's true that's like a
person who says well the reason I'm
overweight is because I have a slow
metabolism okay well that's easier than
saying because I'm lazy and I don't
actually like to to work out or I don't
want to work out more because I have to
work out more because I have a slow
metabolism or I have to watch what I eat
more because I have a slow metabolism
these are all it's just a way to go yeah
well it's not my fault I I don't believe
that's true but I do still think it's
tilted in a different direction and
there's things that people have to do to
control for that I think that you know
you have to as a father as a parent you
have to you know make sure that you
participate make sure that you go to the
parent teacher conferences you go to the
doctor's appointments I know that's not
easy necessarily if you're working and
all those things to take time for those
things but remember if you end up in
litigation those are it doesn't matter
what you know it matters what you can
prove and people don't live their lives
that way people don't conduct their
marriages and their family life that way
they don't look at it and go how am I
going to prove I'm a good father you
know and that's a very scary thing to
have to do but look we're you know we
talk about Downstream effects all the
the time you know all the people that
are talking about institutional racism
and reparations and Concepts like that
well what they're saying is is that I
appreciate that now we're running the
race fair but you gave this group a head
start you gave white heterosexual men a
gigantic Head Start so the rest of us
are trying to catch up and although
maybe the rules are fairer now for
everybody and maybe it's okay but they
still got to catch up okay so if you
believe in that concept and this idea of
institutional racism or institutional
sexism patriarchy all those kinds of
Concepts up until the mid
1970s we had what was called the
maternal presumption in divorce which is
that children would go to the mother
automatically unless you could prove the
mother was an unfit mother we had
something called The Tender Years
Doctrine which meant that a mother would
automatically get custody If the child
was under seven unless you could proved
that the mother was like insane suffered
from serious mental illness or had
serious drug addiction issues so that
wasn't that long ago the 1970s I was
born in the 1970s so to suggest that
we're now 40 years 50 years out from
that and it's gone there's no Downstream
effects there's it hasn't affected the
Judiciary at all it hasn't affected the
body of law that's naive and for the
same people who would argue that
patriarchy and sexism and institutional
sexism and the fact that Harvard didn't
let women in until a certain time and
Yale didn't let all of the you can
acknowledge that but you can't
acknowledge that A system that until
almost 1980 said fathers were
automatically second class citizens you
can't acknowledge that it might take a
little while to get that out of the
system that's dishonest it's
intellectually dishonest and I have a
problem with that but again we always in
this culture we teach treat dandruff
with decapitation you know we have the
tendency to just say well it's either
the system is screwed and men are just
screwed and don't bother or there's
nothing wrong with the system it's
totally gender blind and both of those
are just totally naive and totally false
yeah it's very interesting I guess it's
it's it's weird to think that the
dramatized versions of some of the
things that we see in some of the metam
memes actually end up playing out in a
courtroom that you are you know if
you've got this unbelievably ludicrous
toaster oven scenario or people using
private investigators or yeah people
hiding money from their spouse by
sending it to a grandmother in
Switzerland or whatever it is they
selling their Ferrari to their brother
for $20 or transferring money to I mean
there's so many things you see and
what's interesting too Chris is you
you I started out my career representing
you know typical people for lack of a
better term you know a cop and a teacher
they got two kids 401k and a little bit
of equity in their house and some credit
card debt and now I represent ultra high
net worth clients some of them so I have
clients with literally billions of
dollars on the line hundreds of millions
of dollars you know because New York is
the home to finance and that's you know
listen the finance in La you know my my
colleague Laura waser is an LA
phenomenal attorney and she represents a
huge number of people in in in Hollywood
you know and celebrities and so a lot of
people know Laura's name you know
because she's like representing Brad Pit
representing you know she's represented
some of the most amaz Kevin Cosner most
recently she's represented you know half
of Hollywood her father as well has
represented huge amounts of Hollywood
stardom in New York we represent people
that could buy those people 10 times
over and you've never heard their name
you know and they they're happy that
you've never heard their name they don't
want you to have heard their name you
know um because that's you know that
they become that high bladed grass that
gets chopped but when they
divorce it is a really really when you
have a client whose portfolio fluctuates
in the tens of millions every day like
what day things get divided becomes
really important you know um a
difference of 3% or 4% is a giant
difference when you're talking about A7
billion marital estate so you know it's
a it's a very but but what you come to
learn is that people have like all the
same problems like it's what's amazing
to me you know I I didn't set out to do
all this Media stuff you know I I I'm a
divorce lawyer I love being a divorce
lawyer I'd heard a podcast years ago
like 2017 with Stephen King where they
said you know how does it that you write
like two books a year three books a year
and he said well if you wrote one page
every day in a year you have a book and
I thought oh let me test that theory I
get up early I get up at 4: am so every
day I wrote a page and within a year I
had a book and then I sold the book and
then I started doing some of this Media
stuff as like a part-time thing you know
just for fun just to use a different
muscle after 20 years of doing the same
job
and I'm still sort of
astounded how interesting people think
it is but I'm also astounded by the
people I've come in contact with because
I've I've interacted with some of the
you know incredible celebrities people
who I've admired intellectually people
who were I mean you're an EXA I enjoy
your work I've watched it for ages you
know and I mean when I sat down with Lex
it was like a little surreal because
I've listened to so I was actually on
the subway listening to his conversation
with huberman on my way to a courthouse
in Queens I got off the subway checked
my email and had a message from him
saying hi I'm Lex Reedman I have a
podcast and I'd be interested in having
you on and I thought yeah I know you I
was just listening to you for an hour on
my subway ride like this is surreal but
but the truth is like this is something
that you know nobody's particularly
great at it just because they're great
at other things like you know I don't
know him personally but like look at
Elon Musk like he's had a number of
relation relationships he has children
with a number of people but he's not you
know necessarily settled into one person
and you know that's maybe maybe totally
by choice or it may be that he's found
challenging you know this thing there's
a person who can do such a the depth of
that man's mind you know the things he
can understand that I couldn't even try
to understand and yet this is something
he struggles with I represent Quant
people in finance who can turn $10
million into to $500 million in a couple
of years with their trading algorithm
that they came up with themselves and
they just suck at marriage or
relationship and and they're stepping on
the exact same landmines as like the guy
who digs ditches you know and and to me
there's something so amazing and kind of
beautiful about that that that those are
the things that we all struggle with and
that we all want to know more about or
get some Edge on and yet and
yet we have to like pretend we don't
need help with it like like my
book the audio book outsold the book
book by like 50 to
one and I said to my publisher you know
why why do you think that is and they
said nobody wants to see your book on
their coffee table yeah and I thought
about it and the truth is if you came to
my home and you saw the seven habits of
highly effective people or you saw the
Power of Habit by during you'd go look
at Jim man he's successful he's at the
top of his game but he still wants to
sharpen the point of the sword this guy
look at him you know he never never
satisfied if you walked in and you saw
how to make love last you'd be like oof
what's going on with Jim like what some
trouble in Paradise with the uh with the
better half there what's going on and I
don't know why like why is this a skill
that there's any shame in talking about
like why you know even among like sort
of the manosphere and the red pill like
they're very good problem
identifiers not good problem solvers
great problem identifiers okay so listen
guys you want to go [ __ ] a other like
because that's your option now like if
you've decided women are irretrievably
awful you know and that the system is
rigged against us and okay cool then
either start sleeping with each other or
don't sleep with anybody become the like
weird black pill people well that's
that's the whole that's the the whole
perspective of mow right the only way to
win the game is to stop playing that's
that that's that's that's their
worldview but really like what a defe
way of viewing this I don't know man
like for me I I've railed against
cynicism on the internet and then
drilled down and railed specifically
against cynicism in dating advice on the
internet uh because I think that you I
think you're right I I don't understand
how men are supposed to be both heroic
and able to overcome anything but bow
out because a girl at age 19 broke their
heart and how men are supposed to be
disciplined and able to overcome
difficult things and go and do their
Brazilian jiu-jitsu and lift their hard
weights but their discipline completely
stops when it begins at the base of
their penis sure it's like well and and
what I'll tell you is one of the things
I like about Jiu-Jitsu is that you have
to suck at it for a long period of time
and even when you're great at it there's
still going to be somebody who's better
at all times maybe unless you're Gordon
Ryan so like everybody is going to be
find somebody better than them and by
the way Gordon Ryan Jump Ahead 30 years
there's going to be a 20y old that's
going to tap that guy out because he's
going to age it happens to all of us you
know so the truth is like I I have to
believe that the solution to this
starts with us being able to talk about
it like we do anything else like we talk
about how we exercise we talk about what
we eat we talk about you know how do we
get further in the workplace but we
don't have honest conversations among
men among men in conversation with women
among women in conversation with each
other about what's going on in our
relationships and we all know this any
single man in the dating world knows how
many women on their Instagram or hashir
boss hasag I don't need a man and then
when you get them alone they want you to
be a dominant man they want you to be
someone and they'll tell you oh yeah I
would actually really love to like be
home and have kids and and by the way
all the guys that on their Instagram
they're hard as nails they're tough as
Nails the women in their lives will tell
you behind closed doors they cry at
things they they're sad they're
vulnerable but we've created this game
where like we all have to play these
roles with each other and we're never
GNA get better at it we're never GNA get
better at it if we don't and I'm again
I'm not saying we have to walk around
like an open wound sharing our feelings
all that like come on it's okay to just
say look this is a skill this is a skill
you can take pointers like my book was
designed to say here are some practical
things you can do to stay connected to
your partner here are some little things
you can do actually do that have value
because when all of these platitudes
people give a well you need to really
like pay attention to your what do you
mean pay attent what does that mean pay
attention you need to show them that
they're loved what does that mean do you
want me to take them to the beach do you
want me to buy them flowers like what am
I supposed to do practically like if you
tell me I'm great like tell me what to
lift and how often to lift it and I'll
do it tell me what to eat and what not
to eat and I'll do that you know but
with love none of the no one is allowed
to give any rules all anyone does when
someone tries to offer a practical
suggestion is [ __ ] on it and tell them
how oh it's never doesn't matter anyway
because the game is rigged and forget it
the only way and you're right the the
mgtow people absolutely best way to not
get your heartbroken is to never give it
to anybody else never expose it to
anybody else that's great man and you
know what ships in the port nothing bad
ever happens to them they never get lost
they never get stuck they never sink but
that's not what ships are for you know
and this is not what we're for it's not
what our lives are for our lives are for
vibrant enjoyment of life and and that
requires connection with another person
it does we know it does James seon
ladies and gentlemen James I really
appreciate you I love your energy I love
the work that you've done where should
people go they want keep up to date with
the stuff that you're doing NYC divorce
lawyer on Instagram I don't put much up
on there you can go to my firm's website
NYC divorces and if you're in New York
um I tend to to do a lot of speaking and
media stuff in New York but other than
that um my book's out there you can pick
it up or listen to me on Audible for
eight and a half hours if you feel like
it um and uh I have some other things in
the works coming up so just stay tuned
if you go to the website you know it'll
tell you about that but thanks for
having me Chris it's I've been a fan a
long time I love your point of view I I
really think you have a unique voice
that that lands in this middle ground
that the world needs right now so I I I
really appreciate you and I appreciate
the chance to sit down with you thank
you I appreciate you too mate take care
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