4 Questions to Ask Yourself Before Filing for Divorce
Leh
Meriwether: Welcome everyone.
I'm Leh Meriwether and with me is Todd Orston. We're your co-host for Divorce
Team Radio, sponsored by Meriwether and Tharp. Here you learn about divorce,
family law, tips on how to save your marriage if it's in the middle of a
crisis, and from time to time, even tips on how to take your marriage to the
next level. If you want to read more about us, you can always check us out
online at atlantadivorceteam.com.
Todd Orston: Great job. You only took 14
takes but great job.
Leh
Meriwether: Well, would you
change up the intros?
Todd Orston: All right. All right. All
right. It's your excuse. Go with it.
Leh
Meriwether: Well, today is
one of those shows that you probably have no idea what we even talk about.
Todd Orston: Oh, stop.
Leh
Meriwether: No, we're going
to do something, we're going back to the beginning.
Todd Orston: I'm blank. How far are we,
like oh, it's a show on dinosaurs?
Leh
Meriwether: No, I mean sort
of the beginning of the process.
Todd Orston: Okay, because I do a mean
T-Rex.
Leh
Meriwether: Don't want to
encourage.
Todd Orston: All right, I'm just telling
you.
Leh
Meriwether: All right.
Todd Orston: What's show about?
Leh
Meriwether: So, we're going
to talk about the four questions you should ask yourself before filing for a
divorce. So, since it's the beginning of the year, we often have people
thinking about, should I be filing for divorce? Is this marriage over? Those
kind of questions are running through the folks' mind at the beginning of the
year often. So, we want to take a show, breakdown four core questions because a
lot of times when people really dig into these questions, they actually realize
that their marriage is worth saving or at least making an effort to save.
Todd Orston: Yeah, I mean when you break
down a decision like that, there's of course the emotional side and anger and
fear and you name the emotion that can drive someone to make a decision, and
sometimes it's the right decision oftentimes, but sometimes there's maybe if
you can put the emotion aside, really think about some core questions. If you
can analyze from a non-emotional point of view, yeah to your point, maybe you
can salvage the relationship and you can work on the marriage and start to
heal. So, actually I am very excited about the show.
Leh
Meriwether: All right. So,
the first question is, have I tried everything to save this marriage? Now, I do
want to give a caveat here because it's hard for me to have someone ask that
question if they're in the middle of some sort of physical abuse or their
spouse is suffering from a substance abuse problem that's wreaking havoc on the
rest of the family. Perhaps putting them in danger, whether that be economic or
some sort of physical danger because they get involved with maybe dealers and
don't pay them and the dealers are showing up to the house.
Leh
Meriwether: I'm going to
carve that out because of that sort of things going on, you really do need to
talk to a lawyer, but this is for those situations where the parties feel like
they've drifted apart, they just don't ... whether they don't feel happy
anymore or whatever, maybe they're yelling and screaming at each other. There's
no physical violence, but there's a lot of arguing because that's the bulk of
the cases of those sort of situations.
Todd Orston: Also the quick answer might
be yes. It might be that you have in your mind tried everything.
Leh
Meriwether: Right.
Todd Orston: So, what we're not saying
is that you haven't tried everything.
Leh
Meriwether: Yes.
Todd Orston: What we're saying is, this
is sort of the structure, a structure that you can use to determine whether or
not it's a relationship that can be saved to stave off a divorce.
Leh
Meriwether: Right.
Todd Orston: All right. So, have I tried
everything to save this marriage?
Leh
Meriwether: What I usually
say in these situations is for you to focus on yourself first, and when I say
focus on yourself, when you say, have I tried everything to save this marriage?
Well, they haven't done anything. They've done nothing. Why should I try? Well,
I'm going to answer that question because a lot of people say, why should I try
so hard if we're ultimately going to get a divorce anyways?
Leh
Meriwether: My answer is
based on not only personal observation, but studies that I've read that have
shown that couples that focused on their marriage for a period of five years
ended up not only saving their marriage, but the vast majority, by the end of
the five years reported being in a happy marriage, none of them regretted
making the effort and a lot of them said, I can't imagine what my life would be
like had I not tried so hard.
Leh
Meriwether: Now often you've
got to work on yourself first and you can't worry about the other side. You
just have to focus on yourself. So, going back to the question, why should I
try so hard? He or she isn't going to do their part. Well, here's the worst
case scenario. The worst case scenario when you focus on yourself and we're
going to get some tips in a minute on how to focus on yourself, is you actually
become a better person in the process even though you get a divorce.
Leh
Meriwether: I have seen on
many occasion where the person did exactly this. They focused on themselves.
They made themselves a better person than they ever were before and the divorce
still went forward, but at the end of the divorce, they came out being a more
attractive potential spouse for someone else, and a lot of them, they change
careers or they start a new job and now they are making more money than ever.
But part of the issue of their personality that may have caused a problem in
their marriage was also holding them back at work. Sometimes it was a mindset
issue. Sometimes it was someone was just always angry, and so the same thing
that trouble in the marriage also prevented them from getting any promotions at
work.
Todd Orston: Yeah. Well, I mean, we've
talked about this and it's a stat that's out there and is commonly seen, but
divorce is one of the most stressful life events that somebody could suffer,
and so, absolutely, believing that the stress in your personal life and at home
that, that could bleed into your work life and your social life. To me, it's
sort of a no brainer. It's sort of obvious. So I agree. Focusing on yourself,
focusing on just improving yourself if for no reason other than to get yourself
into a better mindset so that you can approach every day in a positive way
rather than a negative way, that's a huge win if you can get there.
Leh
Meriwether: So, still staying
on the best, the worst case scenario that you spent all this energy and you
still got a divorce. Most of the people that I've ever followed along that did
this, they wound up developing great co-parenting relationships with their
ex-spouse so that while the divorce was still painful, the children didn't
suffer long-term them fighting constantly because they became a better person
and they learned how to co-parent with the other parent to the benefit of their
children.
Todd Orston: We have seen when that
doesn't happen, can't happen, I understand it's easy to just point the finger,
but if all you're doing is pointing the finger and you're not trying to better
the situation, we've seen what happens. We've seen the post-divorce conflict.
We've seen the modification actions, the contempt actions, the strife within
the family. Now, when I say family, your ex is still family because they are
related to your kids. So, the effect on the children, the continued effect on
yourself. So being able to work on yourself allows you hopefully to approach
that relationship with your ex in a much more positive way, which hopefully
will impact your kids positively.
Leh
Meriwether: So, let's talk
about the best case scenario. You do start to change. You keep focusing on you,
not worrying about your spouse and your spouse starts to see those changes. You
don't talk about them, you just act on them, and then what happens is you
become more attractive because now you're becoming the best possible version of
you, you can and now you're more attracted to your spouse and it may cause them
to lean in. "Wow, Todd is so much happier now. I wonder what's going
on."
Todd Orston: I mean, look, after every
show when you leave, I'm so much happier.
Leh
Meriwether: But it could
cause them to lean in, figure out what's going on. They're like, "Hey,
what's going ... Hey, I've been reading this book about how to speak your love
language." "Oh, I'd like to read that book." I mean that doesn't
happen all the time, but every once in a while does. Then sometimes what happens
is, and it takes months. So, this is not something that happens, hey, you do it
for a month and things turn around. No. Most of the experiences I've witnessed
or I've read about in books, it's usually at least a six-month process.
Leh
Meriwether: Sometimes it's a
yearlong process, but in some cases all of a sudden because you become the best
version of yourself, your spouse starts to become happy where maybe they were
unhappy before and then they want to reciprocate that happiness, and so they
start leaning in to you and like saying here, you start working on whatever was
the problem before.
Leh
Meriwether: One of the things
we learned from a counselor a few years ago, it was two years ago, was a lot of
times people don't want to use the divorce word, and maybe you do. Maybe they
said, this counselor said, if you use the divorce word, that may spur someone
to action. So, don't be afraid to use that word.
Todd Orston: Not as a weapon.
Leh
Meriwether: Exactly.
Todd Orston: So, you're not throwing the
D word at someone in the middle of an argument or whatever. It should be an
eye-opener that your relationship is approaching point where that may
unfortunately be the reality, and you may have to start changing the direction
of your conversations from how can we fix what's broken, to is this even
fixable and maybe we need to talk about divorce, and that could open that other
party's eyes.
Leh
Meriwether: Yeah. Another
thing I would strongly recommend is you start with individual counseling, not
necessarily marriage counseling because that allows you to focus on becoming
the best version of you, identifying potential problems that may be going on
involving your communication style. So, focus on you. Hey, up next we're going
to continue to give some quick tips on how to make you the best version of you.
Leh
Meriwether: I just wanted to
let you know that if you ever wanted to listen to this show live, you can
listen at 1:00 AM on Monday mornings on WSB. So, you can always check us out
there as well.
Todd Orston: Better than like counting
sheep I guess, right.
Leh
Meriwether: That's right.
Todd Orston: You can turn on the show
and we'll help you fall asleep.
Leh
Meriwether: There you go.
Todd Orston: I'll talk very softly.
Leh
Meriwether: Welcome back.
This is Leh and Todd on Divorce Team Radio. If you missed the first segment,
you can definitely go back and listen to it at divorceteamradio.com. There you
can also find a transcript of this show in case you'd like to read.
Todd Orston: Oh, I'm going as soon as
we're done.
Leh Meriwether: We won't be up that fast. I have
to have it transcribed first.
Todd Orston: All right, fine.
Leh
Meriwether: All right. So,
today we're talking about the four questions to ask before filing for divorce.
The first question was, have I tried everything to save the marriage? Now, I
want to just wrap up with a few quick tips so we can get to the next question.
But we left off talking about how individual counseling, you may want to start
with that because this doing everything to save the marriage, it's focusing
only on you and the worst case scenario you become a ... even if you get a
divorce, you become a better version of yourself, probably become a good
co-parent. Best case scenario, you save your marriage. So, the other thing to
do is we had a whole show about this seeking out wise counsel, surround
yourself with those that are in the place that you want to be.
Todd Orston: Again, wise counsel and I
remember when we talked about this. We unfortunately see and speak with a lot
of people who have sought out counsel. Maybe the wise word wasn't included. No,
but jokes aside, just because you have found someone that is willing to listen
and offer advice doesn't mean that they constitute what we would call wise
counsel. You need someone who's not going to get caught up in the same emotion.
You need somebody who is going to basically communicate with you in a very
honest and open way. Listen to you of course, but be willing to be honest with
you because only by having that person there for you, are you going to be able
to put the emotion aside and really focus on fixing the things that need to be
fixed?
Leh
Meriwether: Yup. So, the
other one is read marriage books. Three that I'll throw out there really quick
are, The Five Love Languages, Love and Respect, that's the second book and then
The Seven Principles for Making Marriage Work by Dr. John Gottman. So, three of
the top books out there, those two, especially The Five Love Languages by Dr.
Gary Chapman and then The Seven Principles, both those are bestseller books.
So, read those books, listen to podcasts, like maybe not this one per se, but
we do have shows like this one where we talk about how to save your marriage.
Leh
Meriwether: Self-help books,
especially if you're talking about focusing on you. Marriage intensives is
another one people may not know about. They're usually three day events.
They're highly intensive, there's counselors there and you're focusing on your
marriage for three days. They're often like four hours the first day, 10 hours
the second day and six hours the third day. Most of the ones I know about have
about an 80% success rate of saving the marriage. So, just Google marriage
intensives near me and it'll bring up some that are close to you. Then of
course there's different religious organizations that have their own version of
those, so check out the possibilities there.
Todd Orston: Options like that of
course, require both parties to want the same result.
Leh
Meriwether: Right.
Todd Orston: Meaning they want to both
... you both want to jump in and try and fix what, for lack of a better way of
putting it, is broken. Obviously, some of these self-help book or a marriage
tip book or something like that or your own personal counseling or wise
counsel, that's something you can do on your own, it's a counsel. If you find
wise counsel and it's somebody who is willing to speak to both of you, great,
fantastic. But those are things you can do individually. Some of the other
ones, it's you and your spouse and of course, just both parties need to be
sincerely wanting to fix things.
Leh
Meriwether: If your other
spouse doesn't, that doesn't keep you from, you can still focus on you.
Todd Orston: That's right.
Leh
Meriwether: But the other
option out there is discernment counseling, and that was something we addressed
with ... there's a previous show, I wish I can remember the number, but Matt
Driggers, so it's not marriage counseling, so it's an option. All right, next
question. Do I understand the alternative really? So when I say that, like do I
understand what does it mean to be divorced? And I'm not saying that means, I
don't have a husband or a wife anymore. No, that's not what I'm talking about.
Leh
Meriwether: A lot of times
people think that, and this mostly applies when you have children, there may be
a financial component to this too, but with kids, a lot of times people say, I
just can't get along with anymore, all we do is argue about the kids. Well,
divorce doesn't fix that. The marriage, the divorce doesn't end the
relationship. Like you said earlier, you have a relationship with that person
for as long as your kids are alive and so that's not going away. That won't fix
the problem.
Leh
Meriwether: If there's a
problem communicating, you're going to have that problem after the divorce, and
if anything, it may be worse because now you have two separate households,
because even if you're the primary custodian, now there's some states that
have, it starts out a 50/50 custody. But let's say you're the primary
custodian. Every state I know of says that you have to communicate with the
other side when it comes to financial decisions or any decision about the
children. There are four core areas regarding the children, their religious
upbringing, the school, extracurricular activities, medical. You still have to
communicate with your spouse or ex-spouse.
Todd Orston: Yeah. Divorce does not mean
the end of all contact with the other spouse when there are children involved.
Okay? Even when there are no children, but there were some complex financial
issues. If there is continuing alimony or a division of property issues that
might take some time to resolve. It means you're still going to have to have
contact and especially also businesses. We'll deal with situations where there
was a family business and yes we deal with that in terms of day to day
operations and who basically gets control of the business. But basically
divorcing yourself in terms of that partnership not your marriage can sometimes
take some time. That means there's a lot of additional work, continuing work
that needs to be done. So, a divorce doesn't mean you're completely finished
with all of that extra work.
Leh
Meriwether: Right. So, when
we say, ask this question, I'm not suggesting that you sit down and really
think about, okay. It's now January of the next year and I am now in a separate
household. I still have to communicate about these things. Is my life really
going to be that different? So, another example might be, "Well, I feel
like my spouse is controlling me and the only way I can get away from that is
with a divorce." There may be an element of truth to that, but I can tell
you if there truly is a controlling issue, meaning the person on the other end
really does have a control issue and it's not a miscommunication issue. It's a
true controlling issue. That doesn't go away with the divorce either, unless
there's no children. That's another exception. But if there's children, then
that controlling person will still try to control you through the children or
through your support payments.
Todd Orston: Once again, I'm just going
to repeat one point. Have I tried everything? Going back to point number one.
If that's the person you're dealing with, you may have, I get calls all the
time, Leh, I know you do as well, of people who are like, "I tried
therapy, I tried friends, I tried family, I tried clergy, I've tried everything
that I can try to try and get the other party to just at least understand where
I'm coming from and if that's the case, fine." You've thought about those
things. You've thought about the future and unfortunately you feel like you're
left with no option. Okay. Purpose of the show is just to make sure you are
thinking about these things and you understand that a divorce doesn't mean you
have closure and you no longer have to be involved or interact with the other
party.
Leh
Meriwether: But odds are
you'll need ... So, if that is the person you are dealing with, you will need a
form of individual counseling or therapy because you're going to have to learn
how to break yourself free of that control because at end of the day, or
perhaps you need to go to counseling to understand, okay, this is how I deal
with a controlling person when it comes to drafting a parenting plan or laying
out what the elements of our settlement agreement are going to look like. So,
if you're deciding to go forward by thinking of the alternative, what ways may
he or she may try to control me in the future? You can start laying out a path
to truly break away from the control as much as you can, but at the end of the
day, it's still dependent on you because I see so many people that enabled the
other side to control them. So again, we're trying to help you work through
this process.
Leh
Meriwether: All right,
another one. So let's see, I actually have two more examples here. Let's hit
the unhappy one first and we'll save the next one for the next segment. A lot
of times when people say, well, I'm just not happy anymore. Often that can be a
result of perhaps someone doesn't speak the other person's love language, like
in the book, that's highlighted in the book, The Five Love Languages, but it
could be you're suffering from a level of clinical depression and I've seen
that happen before. I've seen people get a divorce thinking the cause of their
unhappiness was their marriage only to find out that they're still unhappy
after the divorce.
Leh
Meriwether: So again, going
back to working on you first, get into counseling. Find out there's something
clinical going on. Perhaps it is situational. Perhaps this person is a
controlling jerk and-
Todd Orston: You can be depressed and
that depression is caused by the relationship and the other party or I
understand what you're saying. You could be suffering some kind of clinical
depression and you say, "Well, it's because of the other party." You
get out of the relationship, you move on with your life and then you're like,
well, but that's strange. I'm still depressed.
Leh
Meriwether: Right.
Todd Orston: So, trying to figure out
what the root cause is before you just jump into a divorce might be the best
plan of action.
Leh
Meriwether: Yeah, so going
back to start with individual counseling, you may need to see a psychiatrist.
There's nothing wrong with that and there's some fantastic medicine out there that
can truly help a clinical issue and we've talked about that. There should be no
shame in that. Hey, and up next we're going to talk about money problems. Will
divorce solve your money problems?
Todd Orston: Hey everyone. You're
listening to our podcast, but you have alternatives. You have choices. You can
listen to us live also at 1:00 AM on Monday morning on WSB.
Leh
Meriwether: If you're
enjoying the show, we would love it if you could go rate us in iTunes or
wherever you may be listening to it. Give us a five-star rating and tell us why
you like the show.
Leh
Meriwether: Welcome back.
This is Leh and Todd on Divorce Team Radio sponsored by Meriwether and Tharp.
If you want to read more about us, you can always check us out online,
atlantadivorceteam.com. Well, today we're talking about the four questions that
you should ask yourself before filing for divorce. I'll be real clear here
before we go any further because I want to make sure that nobody takes this as
there's no judgment here with these questions because you may have tried a lot
of different things to try to save your marriage. So, like the first question
was, have you really tried everything to save your marriage? Maybe you haven't
tried focusing on you because a lot of times you focus on the marriage when
maybe you need to focus on you.
Leh
Meriwether: So, maybe just
taking a different view. Again, we've excluded from this discussion cases of
physical abuse, cases of substance abuse, we've excluded that from this
discussion. The second one was, this question is, do I understand the
alternative to saving the marriage? Do I really understand that alternative?
Because maybe somebody says, you know what, I just don't have it in me to fight
for this, but when they think about the alternative, maybe they're like, okay,
well that doesn't sound like much fun either, so maybe I do need to focus on
this relationship.
Leh
Meriwether: So, that's why
we're going through these questions too. Again, no judgment but I have seen
people that they were sure about their divorce. They decide, well, maybe I'll
just give it one last try, and then I run into them years later and they say,
"Gosh, I cannot imagine if I had actually gone through with the divorce, I
would have been miserable because I can't imagine myself being any happier than
I am today because we both focused on our marriage, we have a better marriage
today than even before when we got married. This is better than even when we
had our honeymoon."
Todd Orston: Yeah. Now, I will say
building on that. I have also seen many people who are like, the divorce was
the best thing that ever could have happened, and they have moved on with their
life. They've gotten out of a bad relationship, whatever that is defined as.
Okay? Meaning, if there's violence or even if there's not violence, but a lack
of emotion, a lack of connection, a lack of whatever.
Leh
Meriwether: Or maybe a
personality disorder.
Todd Orston: Right. But obviously we
have seen people, many people where they truly have given thought to it and
they are moving on. They get the divorce and then we see them one, two, three,
four, five years later, and it's like they moved on with their lives. They're
happy, they found happiness. So, this show is not about talking you out of
doing what needs to be done. It's about making sure your eyes are open and
you're considering everything before you pull the proverbial trigger.
Leh
Meriwether: Yeah. You're
making an educated decision.
Todd Orston: That's right.
Leh
Meriwether: All right. So, a
lot of times people will think that divorce will solve their money problems.
Perhaps you have, let's say the husband is a serial gambler, or they just can't
stop buying toys. They just blow money left and right and you're financially
dependent on your husband and you just think, "Well, if I get a divorce,
things are going to be much better." Not necessarily because when you get
a divorce, let's say you were the stay at home mom and you are, now have an
order, it says you get alimony and child support, but if this person hasn't
really changed, then you will be chasing them for the alimony and child
support.
Leh
Meriwether: We've seen that
before where they never change and that check that was supposed to cover the
child support, they blew it at a poker game and the mom never got their money,
and now they're looking at a potential eviction. So, if there's an issue in the
marriage that's causing you to want to get a divorce, that issue doesn't
necessarily go away just because you got a divorce.
Todd Orston: But that issue also, I
mean, and I understand, but the analysis, if somebody has that deep of a
problem and you've tried to get them the help that they need, you're right, the
problem will probably translate into a different problem post-divorce, but
that's not going to keep you together, right? I mean, if that person won't fix
what is broken and help resolve the issue that drove you apart in the first
place, then obviously you're not going to stay together simply because you
expect nonpayment of support or whatever the case is.
Leh
Meriwether: No, the point of
this is, hey, divorce isn't going to fix it. It's going to break this
relationship from a legal standpoint, but you need to think about this while
you're going through the divorce process that I can't really depend on them to
pay. I have a court order, but they're already doing something illegal
gambling. Let's say in Georgia, gambling is illegal. They're already doing
something illegal. So, you need to set yourself up for success rather than
failure, and if you believing the divorce is the answer to your money problems,
if you haven't really analyzed this, you're in for a shock. That's what I'm
trying to say.
Todd Orston: I forgot gambling is
illegal in Georgia because Andrew and I bet every show you're going to flub the
intro. I usually win. I'm not going to say what side I'm betting on.
Leh
Meriwether: Let's flip this
for a second. What if you're the husband, your wife is a serial spender and
maybe she has an addictive personality and she's addicted to shopping. We've
seen that before, and you're like, "Well, if I get a divorce, I'll be able
to save up money." Okay, well hang on a minute. You can't control where
they spend their money. So, you may pay them child support and alimony, but
then they could go blow it on stuff for themselves, and then all of a sudden
your son is calling you saying, "Hey dad, mom doesn't have the money to
pay for travel baseball. Can you come up with a couple thousand dollars?"
And are you really going to tell him, "No, because well, your mom just
blew it all so you're not doing it."
Leh
Meriwether: You're not going
to do that. You're still going to spend the money odds are to support your son,
or it could be your daughter for competition cheerleading or something like
that. But the point is the divorce itself may not save that problem and so you
just need to be aware of that going in, and I have seen that before. I've seen
where literally the wives, I mean went through like $1 million in two years. It
was insane. Our client's salary had been cut two thirds.
Leh
Meriwether: So literally, so
the year after his divorce, he got a massive pay cut. He was making two thirds
less than he did the year before. So one third in two years, his net worth was
higher than back when he made over $1 million because she really did have a
spending problem. Now he paid her a lot of money and he still had to support
his son because she still spent the child support and the alimony on herself.
So, the point is divorce may not fix that, so just keep that in mind.
Leh
Meriwether: All right, next
question. Do I have my finances in order? Or in other words, do I fully
understand the financial condition of my marriage? So there's two elements to
this, there's the assets and the budget. Let's talk about the assets first. Sometimes
people think, well, if we get a divorce, I'll be able to sell the house and I
could take that money and get a new home. Well, maybe not. Maybe you haven't
been paying attention and you knew there was a HELOC on your house, but you had
no idea your husband had maxed it out and now there's next to no equity in the
house because he maxed out the HELOC. Now, he didn't max it out because he was
blowing it on stupid stuff. It's just the two of you were busy spending money,
you didn't have a budget and I'm not trying to be accusatory, you've got to
step back.
Todd Orston: Why are you looking at me?
I'm not a bad spender.
Leh
Meriwether: I'm just trying
to say you've that you got to pull back and make sure you have a firm grip on
your finances. You need to know what are all your assets and your liabilities.
You need to understand how much you owe in the mortgage. Is there a HELOC? Is
there anything else out there? Because we've had cases where the person didn't
even know that there was a lien on the house, actually two liens on the house
from the IRS.
Todd Orston: Yeah, I mean, I'm going to
build on that just a little bit and say don't wait until the relationship is
struggling to make sure you understand the finances. What we see all the time
is people step into a divorce or preparing for a divorce and the initial
conversations are, I don't know what our finances are. I don't know what our
debts are. I don't know what assets we have. I don't control the income. I
don't control the accounts. Do not allow that to happen.
Todd Orston: A, it's a relationship, you
should have every right to access that information and just as part of the
marital team, you both should be aware of where you are financially. So, if you
have to go forward with a divorce, absolutely, I agree. If you haven't already,
educate yourself, understand what your financial situation looks like and not
only that you should then step back and go, what will my situation look like
because it may be vastly different if you get a divorce. Once you separate
instead of one home, it's two homes, two electric bills, two plumbing bills,
two everything.
Leh
Meriwether: Mortgages, rent
payments.
Todd Orston: Right. Everything now
doubles basically, and you have to understand, okay, if you're not working and
that's where a lot of people, they'll call and they'll be like, "Oh I'm
dependent on my spouse. My spouse makes $55,000 and I'm a stay at home
mom." One of the most important things to talk about at that moment is
look 55,000, that's a great salary, but that's not going to carry two
households plus expenses for the kids. You need to make yourself aware and
educate yourself.
Leh
Meriwether: So, here's
another way to look at it. Even if you weren't getting a divorce, if your
spouse died tomorrow, what would you do? So, if your spouse are paying all the
bills said, "Well, I've got a life insurance policy." Okay, great.
Where is it? Because I mean, that's just good estate planning. If you don't
know where that life insurance policy is, you can't collect on it, you're not
going to be able to pay for the funeral. I mean, I've seen people go into
massive credit card debt paying for something like that because they didn't
understand where everything was. So, it just makes, going back to your point,
just makes good marriage sense. But if you're getting divorced, it also makes
good divorce sense, and up next we're going to talk about the last question.
Leh
Meriwether: I just want to
let you know that if you ever wanted to listen to this show live, you can
listen at 1:00 AM on Monday mornings on WSB. So you can always check us out
there as well.
Todd Orston: Better than like counting
sheep, I guess, right? You can turn on the show and we'll help you fall asleep.
Leh
Meriwether: There you go.
Todd Orston: I'll talk very softly.
Leh
Meriwether: Welcome back.
This is Leh and Todd on Divorce Team Radio sponsored by Meriwether and Tharp.
Today we're talking about the four questions to ask before filing for divorce.
Now, like I said before, these questions are really to help you not only make
sure you make ... they're really to make sure you're making the right decision
because sometimes people they'll make the decision to get a divorce. Maybe they
haven't really tried everything because they weren't aware of everything.
Leh Meriwether: Maybe they think that divorce
gives them the alternative to their marriage, puts them in a better place and
because they don't ask all the right questions, they get a shock and they have
to make some really hard life decisions after the divorce because they hadn't
fully thought through things. Again, this is to help everyone. This isn't meant
to be judgmental. So, if I come across that way, I'll apologize up front. We
just want to help everyone because we've seen these things happen before, and
where we left off, we were talking about, do I really have my finances in
order?
Leh
Meriwether: We talked about
the assets and liabilities and Todd, you started to touch on the budget, making
sure you understand your budget because I mean if you only make $55,000 and
then now you're going to double your household expenses-
Todd Orston: It just doesn't ... people,
we have that conversation. It's a painful conversation, but it's reality of
people who are going through a divorce and they're like, "Well, I need to be
supported." I get it. I absolutely understand and yes, you are a stay at
home mom, let's say, and yes you did a ton for the family and you kept the
family afloat and took care of the kids. But the proverbial pot is only so
deep. The pie is only so big, however you want to describe it.
Todd Orston: So 55,000 will only get you
so far after you pay taxes and then just some basic expenses, there's not much
left over. So, a lot of these things ... this show, yes, our focus is have you
tried everything and can you save the marriage? But a lot of this analysis is
the same analysis that we would tell people to do just if they're like, I am
deter ... I know I need a divorce. Okay. Is the timing right?
Leh
Meriwether: Yeah.
Todd Orston: Have you prepared yourself
for a divorce? You may emotionally, mentally you're ready, but you don't want
to act on emotion and do something before you are prepared. Okay?
Leh
Meriwether: Right. Next show
we're actually going to get some very specific steps to go through. You've made
... All right, divorce. I've asked all these questions, I know the answers and
then we're going to go through the practical steps to truly get ready. So,
leaving it here on the budget issue, I've seen people where one spouse earns
the money, the other spouse is a stay at home spouse. In this case it was a
husband and wife. The wife was spending the money and the husband was screaming
at the wife about it and it didn't help the problem.
Leh
Meriwether: So, they were
about to get a divorce and thankfully they wound up ... in this case they went
to Dave Ramsey's Financial Peace University. He learned how to better
communicate about the budgetary issues. She understood the budget because he
wasn't yelling at her anymore and all of a sudden she realized he wasn't being
controlling, he was sincerely worried about the financial future of the family,
and that conversation was in 2006 or seven. It's 2021 and they're getting ready
to retire and they are happily married, so.
Todd Orston: Apparently, this one is 2020.
Leh
Meriwether: 2020. Did I say
2021? I meant 2020.
Todd Orston: I was about to say-
Leh
Meriwether: 2020. I'm already
like-
Todd Orston: It would make for a great
show if we came into this studio today and it's a year later. My wife is going
to be very worried.
Leh
Meriwether: I don't know why
I said 2021. Anyways, so I mean that's the point. Like they did that analysis
and it wound up saving their marriage. All right, last question to ask. What
will the children's life look like if I go through with this? Now, I want to
give this caveat. Don't say, "Well, I don't want to put them through the
divorce while they're kids? I want to wait till they ... I can put up with this
for another few years and wait for them to go to college because it'll minimize
the stress."
Leh
Meriwether: No, it won't.
We've seen it in the great divorces. I've seen adult children get more upset
with their parents than when they were little. So, don't make that decision.
Don't put off a divorce just because you're trying to save the kids. Don't make
that part of the analysis. So, we're talking about maybe you're thinking.
"Okay, well I'm ready for divorce, but I want to move back home." All
right? Let's say the kids are in high school and middle school and they
absolutely love their school. They have great friends. Their extended family is
there. In Georgia, they can elect to stay here in Georgia. So you may decide, I
want to move back to Ohio, but they may elect to stay here, and it's nothing
about you, but it's just because their whole rest of their life has been here
in Georgia.
Todd Orston: Even if they elect,
depending on their age, even if they elect to stay with you and maybe go to
Ohio, it doesn't mean that the court will do it and then it becomes a
relocation issue, and if the court feels that it would be better for them to
stay in Georgia, family is here, friends are here, other things are here. You
may still lose that argument, the court might say, "You can go wherever
you want, but the children are going to continue to be raised in Georgia,"
which means maybe the other party gets primary custody. But look, the point is
you have to find a balance.
Todd Orston: I agree with you Leh. Too
many times we've seen people and they're like, "Well, I'm just going to
stick it out." Is it possible? Sure. Does it often work? No, it doesn't.
Many times I've had people call or I've met with them and that's their strategy
and sooner or later, usually sooner, they're knocking on our door saying, I
tried but things have just gotten worse. So, maintaining status quo without
trying to fix things, at least to just stop the bleeding, you know what I mean?
Todd Orston: Just the emotional bleeding
of, "We can't communicate." It's a poison. It's just, things are
going to get worse, and you will end up, unfortunately going down the path of a
divorce. So you need to think of when it comes to the kids, you need to think
of them and yourself. That's the balance I'm talking about. What's good for you
and how are the kids going to react, what's their life going to look like and
all of that.
Leh
Meriwether: Don't make the
assumption that there may be going with you because in some states like I said
before, it's the presumption is 50/50 custody. In Georgia, it's not. I've heard
there's some assertion, some people were trying to put in some legislation and
maybe this year to try to push a 50/50 presumption. I don't know the status of
that I've just heard rumors, but I know other states have that like Florida.
So, don't make the assumption that, "Hey, look, if I get a divorce and I
can move over here, the kids are going to go with me."
Leh
Meriwether: Here's another
one where I've seen people kind of be in shock is, so there wasn't a full
analysis of the finances. They didn't fully understand the budget, and so they're
in the middle of the divorce and they realize, I can't afford ... Now, that we
have two households, I can't afford to live in the school district. I'm going
to have to move to another school district that's not as good as the one I'm
in, but unfortunately, my spouse can actually stay here and I have the feeling
the kids are going to want to stay with my spouse primarily because it's in
that school district and I can't move way.
Leh
Meriwether: So, that's why we
kind of put these in the order that we did too, because when you make that
financial analysis and then you start doing the analysis of the kids, it's both
an emotional analysis and a financial analysis when it comes to the kids. How
can I afford ... Hey, if I want to stay in this school district and okay, all
these other ones I've gone through, still want to go through the divorce and I
want to stay in the school district. Now, I have to do a whole new analysis.
How do I make that happen? How do I make more money so that I can stay here?
What do I need to negotiate? What do I need to think about? Or you may realize,
"Man, this is not going to be like I wanted it to be. Maybe I do need to
try. Maybe I do need to go into individual counseling to see if I can make
myself so attractive my spouse falls back in love with."
Todd Orston: Yeah. Tie it into the theme
of the show. I would say, the grass isn't always greener kind of thought
process. Because there's some people who are like, I need out. I have these
frustrations and my life will be so much better once I'm out of this marriage
and at that point they're not working on fixing what is broken, what needs to
be fixed. Going through this analysis, asking yourself these questions,
hopefully it's going to make you understand that the grass may be greener but
maybe not.
Todd Orston: All right? You're still
going to struggle if you are co-parenting, you're still going to have children
that are struggling to cope with the divorce, and that's not saying that to
guilt anyone to stay because of the children. I'm the first person to usually
say the kids will be fine. I mean, there are therapists if the kids are
struggling, but otherwise, I mean, Leh, how many times do we see people go
through a divorce and the kids end up being fine as long as the parents can behave.
Leh
Meriwether: Yeah, that's the
key.
Todd Orston: That's what's hurts them,
yeah.
Leh
Meriwether: If the parents
can co-parent well together, then the kids wind up being okay, they'll adjust
well.
Todd Orston: Yeah, but the analysis is
you have to jump in. You have to start thinking about not just your emotional
need in the moment, but okay, what are the consequences of a divorce? What's
the impact on me, on the children, on anyone involved? By engaging in that
practice and that exercise rather, hopefully you're going to make a better
decision.
Leh
Meriwether: Yeah. So I guess
to wrap it up, go through this exercise and usually one of two things will come
out. One, you'll discover that it's worthwhile trying to fight for your
marriage and turning it into something amazing, or you'll be better prepared
for your divorce. Perhaps you'll also be in a better position to understand
your spouses' position and concerns, which will enable you to settle your case
and have an amicable divorce. Hey everyone, that about wraps up this show.
Thanks so much for listening.