174 - Top Ways to Ruin Your Post Divorce Life
Leh
Meriwether: Welcome everyone,
I'm Leh Meriwether, and with me is Todd Orston. We are your co-hosts for
Divorce Team Radio. A show sponsored by: The divorce and family law firm of
Meriwether and Tharp. Here you learn about divorce, family law, and from time
to time, even tips on how to save your marriage if it's in the middle of a
crisis. Well, I'm glad to be back, Todd. It's been a while.
Todd Orston: It has been a while. And
Leh, I'm happy to be here with you as well.
Leh
Meriwether: Okay, good. One
day we'll be back in the studio together, hopefully.
Todd Orston: Hopefully. Hopefully.
Hopefully. Let's put it this way, that is the least of everyone's problems.
Whether or not you and I can get into a studio.
Leh
Meriwether: Yeah.
Todd Orston: If I'm going to hope for
anything, let's hope that this whole COVID thing gets resolved and people start
getting healthy again.
Leh
Meriwether: Yep. And we can
get back to normal.
Todd Orston: That's right. Well, you're
never going to ...
Leh
Meriwether: I'm not normal.
Todd Orston: Come on. We may have to set
the bar a little lower, Leh. Thank you.
Leh
Meriwether: So today, we're
talking about the top ways to ruin your post divorce life. The last show we
did, we did a show about the things that would set off fireworks in your
marriage ... in your marriage. In your divorce action. But today we want to go
... So after you've gotten the divorce, and it's time to move on with your
life. But we see time and time again, people doing certain things that pretty
much ruin your post divorce life because whether it's right or wrong, it
doesn't matter. We see certain behaviors that will trigger the other side to
get very upset. And sometimes result in the filing of a contempt action,
sometimes result in just an inability to co-parent, which makes your life
miserable. And sometimes it results in you being pulled back into court. Maybe
not right away, but maybe in a few years. So we wanted to talk about those top
ways that you can ruin your post divorce life, so you can avoid them.
Todd Orston: Yeah, yeah. The alternative
is not good. Like you were saying. Additional court cases being filed. Even the
undoing of your divorce. I mean, if you've done certain things or did certain
things during the marriage, and during the divorce proceedings, if you were
less than truthful, that could result in the set aside of a final order. Look,
there are things you should do, things you shouldn't do. There are ways you
should act, ways that I would prefer you not act, because unless you are just itching
to call a divorce attorney, then you need to think that your actions carry
consequences and it's that saying of, "For every action, there is an equal
and opposite reaction." You do something, you better expect that the
reaction, if it's a questionable act, that the reaction may not be good, and
that could really cause you to have a lot of unnecessary stress in your life.
Leh
Meriwether: And some of the
things we're going to talk about aren't necessarily questionable acts. They may
seem right to you, but they can trigger a response from the other side that
often is not necessary. So we're going to get into that. We're going to talk
about four areas that we tend to see this. One of them is money issues, another
one involves splitting up your property, your personal property, a third one
involves custody issues, and lastly we're going to talk about some personal
things that if you do these things, it can set you up for failure, and we don't
want that.
Leh
Meriwether: If you've had to
go through a divorce, we don't want you to have a miserable life. We want you
to set yourself up for success. So we're going to talk about all those things
you need, or at least the top things that you need to avoid. Obviously in an
hour show we can't go through everything, we're going to talk about some of the
things that we personally have seen throughout 20 plus years of practice. All
right, let's get into the money issues.
Todd Orston: I just like how you say
money. That was ... The money issues. Let me jump in then. Let me start, it's
actually something that should be done before the divorce is granted. And if
it's not done correctly, because a lot of what we're talking about is things
that are truly post divorce. Actions, inactions that occur post divorce. But I
really wanted to start with something that is actually pre divorce, meaning
before you get your final order.
Todd Orston: Failing to work up a
correct post divorce budget and agree to terms that aren't going to create a
financial hardship for you post divorce, that's a huge, huge problem. And you
and I have talked about it, where we need to do a new show, and we will, about
how to work up a correct and accurate budget. But the bottom line is if you
fail to do that, time and time, and time again, we see people who didn't set up
the right budget. They just said, "Oh, that term, I'll agree to that. That
one? Sure why not." And then all of the sudden, they're getting calls, and
they're like, "I don't have money for electricity. I don't know ... How
did this happen?" The attorney, because clearly that wouldn't happen with
us. The attorney you were working with, you didn't set a correct budget. And
that could really cause problems.
Leh
Meriwether: All right, so
let's talk about something that we've seen some people do. We've seen some
people spend money that they didn't necessarily have to, but it was because of
a temporary pleasure, or something that they may have always wanted to do. An
example might be, buy a brand new fancy car. Or buy a much more expensive house
after your divorce. And what it often does, there's three things that can
result.
Leh
Meriwether: One, it could put
you deeper in debt. Because we often see people coming out of a divorce,
basically they've already split their assets. And depending on your case, it
could've been 50/50 or 60/40 whatever it may be. So you already have less
assets. Often people come out of a divorce further in debt because of attorneys
fees. But buying something like a brand new fancy car that you don't
necessarily need, that's just going to put you deeper in debt and create a
challenge for you. Especially as you just said, Todd, if you haven't properly
budgeted. If you didn't budget for a bigger car payment, you could be setting
yourself up for failure. The second thing it could do, is trigger your ex to
consider bringing you back to court because they think maybe you were hiding
extra money.
Todd Orston: Oh yeah.
Leh
Meriwether: Oh, all of the
sudden ... You said you couldn't afford to pay me child support and alimony,
and now you buy this?
Todd Orston: How many times have we seen
that?
Leh
Meriwether: Oh my gosh.
Todd Orston: Yeah, how many times have
we seen that? It's, "No, I can't afford that, I need help. I need
financial help. I need help." And then you drive up in a Porsche and
you're handing out postcards of the new mansion you bought, and they're like,
"Yeah, we'll be filing tomorrow."
Leh
Meriwether: And we've gotten
those calls, we get those calls.
Todd Orston: And again, fear of what the
other party's going to do should not dictate how you live your life, but again,
actions, consequences, all of that, you have to understand that if you start
flaunting those things in the other party's face, you're asking to be brought
back to court. If it's appropriate. If it's applicable. So just be very
careful.
Leh
Meriwether: The other thing
on this topic is it can trigger your ex to consider bringing a modification.
Because sometimes they think, "Well, you must've gotten a raise since we
got a divorce." Yeah, going back to your point, Todd. We're not telling
you to live in fear, but think through these things before you just run out and
get something that's too expensive. Maybe pushing your budget. Because as soon
as there's an emergency, you're going to have trouble.
Leh Meriwether: This is very data driven, this
isn't just anecdotal evidence from what we've seen. It's very data driven. If
you read financial planners' books like Dave Ramsey and similar people in that
field, they all say a similar thing. That you should avoid these kinds of
scenarios, things that could either put you in further financial trouble, or
trigger someone trying to bring you back to court. Where you have to spend more
money on attorneys fees. In that same realm, as far as spending money, what
else have we seen, Todd? That people do that just trigger ...
Todd Orston: How about as you're
finishing up a case during which you've complained about your finances, whether
you're going to be able to financially survive, and then you're sending
postcards to your ex from some wonderful European vacation that you're on, with
sometimes a significant other. And it sort of flies in the face of "I
can't afford." So fancy trips. That would be my next one.
Leh
Meriwether: Yeah, not to say
you can't have a nice vacation, but it's when you do it in such a way and post
... Because this is what we've seen. We've seen people take fancy trips within
a year of the divorce, and they put it all over social media, and they put it
as if ... This is definitely how we've had some of our clients call us. As if
they were taunting them. It creates too much tension to do that. The kids are
too important to do something like that.
Todd Orston: And again, if you want to
go on a nice trip, that's your right. Just because you are now newly divorced
doesn't mean that you can't live your life the way you want to live it. And if
you want to spend a lot of your money on a trip, that's fine. Be careful. Be careful how you convey that information to your ex.
Leh
Meriwether: Maybe just don't
post it to social media?
Todd Orston: Yeah. Just don't rub that
kind of stuff in the other party's face. Because it can actually result in a
lot of unnecessary strife including, but not limited to court appearances.
Leh
Meriwether: And up next,
we're going to talk about more things that can ruin your post divorce life. I
just wanted to let you know that if you've ever wanted to listen to this show
live, you can listen at 1:00 a.m. on Monday mornings on WSB. So you can always
check us out there as well.
Todd Orston: Better than 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 to
Divorce Team Radio. I'm Leh, and with me is Todd. If you want to read more
about us by the way, you can always go to AtlantaDivorceTeam.com if you want to
read more about the firm, Meriwether and Tharp, that is the firm that sponsors
Divorce Team Radio, the divorce and family law firm. The largest divorce and
family law firm in the state of Georgia, and they are also located in Florida.
If you missed the first part of the show, you can always go back and listen to
the show or read the transcript of the show at DivorceTeamRadio.com.
Leh
Meriwether: Today we're
talking about the top ways to ruin your post divorce life. So we're giving
examples of things we have seen where something has happened after the divorce
was granted. We get a call from our client or something along those lines, or
we get a letter from the opposing attorney about something that our client may
have allegedly done. And it just triggers either more litigation, or a very
contentious co-parenting relationship that's just not necessary. So we're talking
about things we've seen trigger the other side. Right or wrong, doesn't matter.
We just want you to be aware that these things can trigger an adverse reaction
that can cost you time and or money. So we almost finished up our money issues
last time, and what were we talking about, Todd? Oh, fancy trips. That's where
we left off.
Todd Orston: My bottom line, you want to
go on a fancy trip, that's fine. But just be careful. There are too many
people, we've seen too many people, I'm just going to say it like it is. And
they'll just rub in the other party's face how happy they are. How well off
they are. And they're, "Hey, look at me. Pictures at this place, and that
place, and this country, and that country." Well, if you're that well off,
then again. Maybe the door is open to a modification of support. Maybe alimony
needs to be modified. Maybe child support needs to be modified.
Todd Orston: Or if you're taking all
these trips and you're not exercising all of your court ordered parenting time,
maybe that needs to be modified. Because clearly, that's more important than
your children. So just be very careful. You have to ... You don't have to
totally walk on eggshells, but you have to walk and tread carefully. Because
your actions can result in a reaction.
Leh
Meriwether: And we have seen
pictures from social media used, of fancy vacations or stuff, or what not, used
in subsequent modification cases. To say, "Judge, I hear them crying poor,
but look at this fancy vacation that they were able to afford."
Todd Orston: I haven't seen it used.
I've used it. I've used those photos as a grounds for modification. Where it's
like, "No, I'm sorry. I'm unemployed." And then there's a picture on
a cruise around the world. And it's like, "Yeah, I'm not buying that. Sorry.
That's absolutely ridiculous." And oftentimes courts will agree.
Leh
Meriwether: So here's sort of
a practical thing. Don't become 100% dependent on the support of your spouse.
Now, I understand when you first ... We're talking now to the person who is
receiving child support and/or alimony. When you first get a divorce,
especially if you were the stay at home parent, it takes time for you to get
back out in the work force and generate money. But you should be working very
quickly towards becoming independent of the support from your spouse.
Leh
Meriwether: And the reason I
say this, is some people will say, "Well, hey look, that could cost me
alimony later on." And that sometimes is true, often it's not. But we have
seen all too often someone be 100% dependent on the other party and that party
either killed in a car accident, lose their job; which happened during COVID.
It happened in 2009. They get arrested for something, or the worst case
scenarios, I've seen where we'd given the client this advice, "Hey, do
everything you can as fast as you can to get independent of your spouse."
Leh
Meriwether: In this case the
spouse was the payer. Was an alcoholic. And we were concerned that something
may happen. He was a high income earner. Our client did everything she could to
reduce her living expenses, and work to obtain gainful employment. And he
subsequently killed himself. And unfortunately he had just gotten a life
insurance policy and there was a two year exemption in it, so if you were to
commit suicide any time in the next two years, they didn't have to pay out. So
she literally went from receiving a significant amount of money every month in
support, to receiving nothing. Fortunately, she set herself up so that that did
not ruin her life. Well, made it uncomfortable, but didn't ruin her life.
Todd Orston: Speaking of uncomfortable,
that story made me incredibly uncomfortable. And thank you for such a happy
anecdote. Look. Here's the way I hit it. Sort of the angle I take is first, if
you start to rely on that spouse, and you fail to just go out and try and get a
job and be self supporting and all that, the flaw in the argument that if you
get a job, you won't be able to get alimony, is the fact that if you are not
doing anything to improve your financial situation. If you sit there and go,
"Nope, I'm still making nothing. I made nothing at the time of divorce,
and a year later, I'm still making nothing." The court can impute income
to you.
Todd Orston: We've talked about this
before, but imputation, it's basically a fiction. It's the court saying,
"Even though you're not making money, you have the ability to be out there
working and the only reason you're not is not because you can't find a job,
it's because you're not making the effort. And therefore, we're going to
pretend that you're making that money, and we're going to set your income at
that level. And set support based on your income level." So the court can
impute income if you're just electing not to go out and work.
Todd Orston: Secondly, I always tell
people that usually, unless you're talking about the other spouse having a very
very high income level, usually the amount of money that you're going to make
from working, unless it's minimum wage, and even then, that could be the case,
the amount of money you'll make from working, usually will exceed the amount
you would get from alimony. So I usually tell people, especially if you're
starting a case, do you need to race out there and get a job? You don't need to
race out there. But you need to be thinking about what your plan is, and
especially post divorce, you need to be thinking in terms of, "How can I
get financially on my feet?" Because usually financially speaking, it's
going to benefit you more to have a job and have that income than just rely on
the usually lesser amount of support that you're getting.
Leh
Meriwether: And there's some
states by the way that have a presumption if it's a short term marriage,
there's a presumption against alimony. So you may not necessarily have to run
out and get a job in certain circumstances, but there may be some circumstances
that you really do need to rush out there and get a job. Because when the
divorce is over, the court does not have to award any alimony. So something to
keep in mind.
Leh
Meriwether: All right, so the
last thing in this section about money issues is missing deadlines that are set
out in your final judgment or settlement agreement. You don't want to miss
deadlines because that can cause you to be pulled back into court or let's say
you have so many days to withdraw money from an IRA, or have someone withdraw
money from an IRA, and they don't do it, and you don't follow up on it. Well,
we've seen people like 20 years later realize, "Oh, I never got my money
from my IRA." And so they bring the other person back to court, because
they didn't give up that money. Just because they didn't exercise it within a
certain time period didn't mean they gave it up.
Leh
Meriwether: And they come
after the person 20 years later, and they're like, "That retirement
account's gone. I retired and I spent it." So both people are now in
trouble. The person who doesn't have the money to pay it, so he or she could be
thrown in jail for not doing that, but the other person's still not getting it
because the money's gone.
Todd Orston: That's right. Often times
courts will say, "I don't know what you want me to do. The money is gone.
So I can punish, but getting you paid, getting the other party to make you
whole, it's just not possible." Usually what I tell people is again,
proactive versus reactive. And don't procrastinate. Get out there, if you have
an obligation, get it taken care of. If you don't do it pretty quickly,
whatever that obligation is, okay, there's a good chance you'll just put it to
the side, you'll forget about it, and that causes major problems. If you have
that obligation, get out there, take care of it.
Todd Orston: If you can't, if you find
yourself in a position where you know you're going to miss a deadline,
refinancing a house a good example. If you have six months to refinance, you
better have evidence that you can then ahead of time pass onto the other party
that you've tried. You've contacted banks, you've filled out applications and
submitted them to the banks, and you've been rejected. Where it says, "You
must do X." If you can't do that for some legitimate reason, don't just
allow the deadline to pass. You need to be proactive and communicate that to
the other party, hopefully to avoid any kind of a court action being filed
against you.
Leh Meriwether: When we come back, we're going to
talk about ... We've wrapped up this section. We're going to talk about custody
issues, give an example of what happened with personal property. When somebody
came over to pick up their stuff. There was a picture, life sized picture of
them on the wall with bullet holes in the head of the person. We'll talk about
that when we come back.
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 a.m. on Monday morning, on WSB.
Leh
Meriwether: If you're
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you like the show.
Leh Meriwether: Welcome back to Divorce Team
Radio, this is Leh and Todd. And today we're talking about the top ways to ruin
your post divorce life. If you want to go back and listen to this episode or
previous episodes, please check out DivorceTeamRadio.com. Okay, we're halfway
through the show and we still have more stuff to get to, so let's get into it.
Quit talking Todd.
Todd Orston: I'm sorry. I apologize.
Leh
Meriwether: All right, so
getting that, in the last segment I left off with a story about a personal property
... If you want to avoid ruining your post divorce life, don't put up a life
sized picture of your spouse in the garage and fill it full of bullet holes for
them to see when they come over to your house. To pick up their stuff.
Todd Orston: To be clear, even if it's
not a life sized picture, any size picture with bullet holes is probably
frowned upon. I would say. Yeah.
Leh
Meriwether: Oh my goodness,
gracious. There were no kids, and that really caused the whole case to just
keep getting dragged out and everybody spent a lot of money on attorneys fees
and it wasn't necessary. But we don't want to spend too much time on personal
property. I just wanted to hit a couple points.
Leh
Meriwether: If you're the one
moving out of the house, don't leave your stuff over there. Just get it out.
Set up a time that you mutually agree to. It really should be in the settlement
agreement. That you'll go get your stuff out. If you don't have a new house
yet, I really don't like the storage spaces that much, but I think it's worth
it to get all your personal items, go ahead and get them out of the home. The
ones you've agreed to, and put them in a storage space to have your own place.
It just avoids conflict.
Todd Orston: We've seen so much
conflict, post divorce conflict based on that. Sometimes the property that you
left over there disappears and obviously you're angry about that. And that
could result in court action. Or, the property left over there gets destroyed
or damaged. And that creates problems. The bottom line is get it out of there.
And that way, very quickly after the case is finalized, if there's a problem,
it's not something that was six months ago where it's like, "Judge,
something is missing." Then the judge is like, "Well, if it was that
important to you ... Really? Six months later you're coming?" Get in
there, get the property out, and that way if there's a problem, you can deal
with it.
Leh
Meriwether: And here's the
other thing. If you're the one staying in the home, don't trash your ex's personal
items before they pick them up. If you had a contentious divorce, I might even
recommend, like if you were to move them to a room of the house for them to
get, videotape it. Get evidence. Because they may accuse you of damaging it.
But at the end of the day, do everything in your power to avoid trashing
somebody else's personal items. Because that's just going to lead to problems
down the road. Especially if you have children. And speaking of children.
Todd Orston: We're going to jump into
custody now.
Leh
Meriwether: Yeah.
Todd Orston: I was just going to say
yeah. Very quickly, if you think that damaging someone's personal property or
the house isn't going to result in a case, I've brought those cases before.
Attorneys bring those cases all the time. And the outcome often times if the
proof is there, if the evidence is there to show you've damaged something, get
ready to write a check. Get ready to basically ... If you damaged a wardrobe
belonging to your ex, they're going to go in with pictures of all the damaged
clothes, and guess what? You're going to be writing a check to replace that
wardrobe. So just understand when you're that angry and you're thinking, I'm
going to do this, just understand that very likely, it's going to cost you.
Okay, now we can get into custody.
Leh
Meriwether: All right, we
have a bunch that are pretty self explanatory. But you would think that ...
What we have learned is common sense does not always equal common action. So
we're going to go through the custody issues we see that can ruin your post
divorce life and set you up for failure and misery. Let's go through, I don't
want to say too quickly, but number one.
Todd Orston: Oh wait, now hold on. Let
me jump in with a few that I added, okay? Or at least I moved them around. So
the numbering you have may not be the same as mine. But let's deal first with
the interference with visitation and contact. Okay?
Leh
Meriwether: Okay.
Todd Orston: Because post divorce,
understand that at that point, you're catching your breath, you've gone through
the case. Interfering with the other party's ability to have contact with, and
that could be telephone contact, video contact, or in person contact, meaning
visitation of parenting time. You have to try and avoid that at all costs. Because
obviously. I don't even need to say this. Anyone listening probably already
recognizes many of the contempt cases that are filed, that are related to
custody have to do with some level or some type of interference with a court
ordered contact provision.
Leh
Meriwether: Mm-hmm.
Todd Orston: And here's this, as a VID
sort of approach to this conversation, be very careful also. There are a lot of
people out there concerned about COVID, understandably. But COVID does not
become and should never become just a blanket excuse for interfering with the
other parties to have contact, all right? In other words, if the other party is
a recluse, is in their home, not having contact, very concerned, taking
precautions, and you're like, "Nope, COVID. You don't get to see the
kids." That's not going to go over well, and ultimately you'll get brought
before a judge and the judge is probably going to recognize that. And could
sanction you.
Todd Orston: If the other party's out
partying and having barbecues at their house every other weekend, and engaging
in what one could deem to be dangerous or potentially reckless behavior when it
comes to COVID, then fine. Meaning, I'm not saying it's okay to interfere, but
at least you have a justification. So be very careful. Understand, I guess this
is my point, if you're going to interfere with the other party's ability to
have contact, you better have a really really good reason. Because that's the
kind of case that will very quickly get you brought back before a judge and you
better be able to explain to the judge why you did what you did.
Leh
Meriwether: And if you can't,
you risk losing custody. If you're the primary custodian. If this is not a case
of ... Well, even in a case of 50/50 custody.
Todd Orston: right.
Leh Meriwether: If you do something to interfere
with the other person, you could lose that 50/50 custody and the other person
could obtain primary custody. I was going to say rapid fire some of these.
Todd Orston: Yeah, let's do it.
Leh
Meriwether: All right. Number
one, were there any other that you had added to the list?
Todd Orston: Two. Two. So encouraging
the child to not have contact with the other parent. It's the line of, what am
I supposed to do? Force my child? Force my child to call? Force my child to go
on a visit? I had a case once where it was so egregious that the mother at the
beginning of a parenting time would get in her car and leave the three kids
home alone and the three kids would just not come to the door. They would
literally be in a window, looking out at the father, ringing the doorbell, and
they would not come out. And her defense was, "Well, I wasn't there. What
am I supposed to do? Force them to come out? They didn't want to go, and I
didn't want to force them?" Obviously that's not appropriate.
Todd Orston: The other one that I would
throw into the mix, would be inviting a significant other that you may or may
not have committed adultery with during the divorce, or prior to the divorce,
to children's activities.
Leh
Meriwether: If you said,
"Oh, they're just a friend."
Todd Orston: Yeah, either you're crazy,
I have been faithful, I have no idea who that person is. And the next thing you
know, two days later they're at a ballet recital for your daughter.
Leh
Meriwether: Oh.
Todd Orston: Yeah. Yep. I've seen that
and it's ... I don't know why, but it's created some problems. That was sarcasm
by the way.
Leh
Meriwether: Okay. Did you hit
them all.
Todd Orston: Yep.
Leh
Meriwether: And for the
audience, just so you know, as we said at the very beginning of the show, we're
not in the same room. So Todd added some to the list, and he didn't have a
chance to get them to me.
Todd Orston: My fault.
Leh
Meriwether: If it sounds like
we don't know what we're talking about, [inaudible 00:31:58] no, I'm just
kidding. All right, here's one. Have your boyfriend or girlfriend sleep over at
the house when the kids are there. We've seen that.
Todd Orston: They love it. They
absolutely ... perfect. Perfect. If you want to go to court.
Leh
Meriwether: And along the
same lines, have your boyfriend or girlfriend move into your home right away,
right after the divorce. Those things trigger. And even with the other person
... Because we've seen things where the other person knew about the significant
other and so they thought it was okay to have them move in. But they were just
keeping calm to keep the costs of the divorce low. And then you do that and
have them move in. You made an assumption, and it just sets off the other side.
And makes the co-parenting extremely difficult.
Todd Orston: And that may be where you
are in your life. And in that relationship with that new person, and I don't
think either of us is saying, "Don't move on with your life." But
again, it's not just what you do, it's how you do it.
Leh
Meriwether: Yep. And up next,
we'll continue to break down the custody issues that when you do these things,
they can ruin your post divorce life. I just wanted to let you know that if you
ever wanted to listen to this show live, you can listen at 1:00 a.m. on Monday
mornings on WSB. So you can always check us out there as well.
Todd Orston: Better than 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: The
Todd Orston: I'll talk very softly.
Leh
Meriwether: Welcome back to
Divorce Team Radio, this is Leh and Todd from Divorce Team. We are your
co-hosts. And we are talking about top ways to ruin your post divorce life. If
you want to read more about this show, you can always go to
DivorceTeamRadio.com. Well, this is the last segment, Todd. And we've got a
bunch more ways that you can ruin your post divorce life that we need to hit
real quick.
Todd Orston: Yes. I was practicing being
very short and to the point. Yes. Let's go. Let's do it. Let's hit it.
Leh
Meriwether: Let's do it. So
we're going to go rapid fire. Hook up with your high school sweetheart you
reunited with on Facebook during your divorce.
Todd Orston: And text your ex spouse to propose
a double date.
Leh
Meriwether: You think we're
kidding. Having a revolving door of men or women or both.
Todd Orston: I've got to tell you, I
think putting a double door on your house, or a revolving door is sort of
ingenious. I think the commitment to non commitment there is epic. Yeah,
engaging in that behavior it's going to create some problems.
Leh
Meriwether: Right.
Todd Orston: How about getting remarried
right away.
Leh
Meriwether: Oh yeah. And
there's actually a lot of data, so go way beyond, and I'm going to be real
quick here. Going beyond just the upsetting the other side, there's actually a
lot of data out there that if you rush into another marriage, that you are
setting yourself up for that marriage to fail as well. There is a lot of data
out there. Some people have researched this issue. The divorce rates for those
type of marriages are very high. Higher than the first divorce.
Leh
Meriwether: And the problem
is, if you don't take the time to analyze what got you to where you were in your
previous marriage, because everybody has a certain level of contribution.
Sometimes it's 50%, sometimes it's 60%. It could be as low as 10%. But if you
don't analyze that 10%, maybe you never should've married the person to begin
with. And you were a perfect spouse during the ... Which we've seen happen. You
were a perfect spouse, you were everything you could possibly be, but you just
never should've married this person in the beginning.
Leh
Meriwether: If you jump into
that next relationship without determining, "How did I miss this?"
We've seen it where you just wind up marrying the same person again. So take
your time, we'll get into this a little bit later too. Take your time, to
analyze what got you to where you are. Because then you will have a higher
likelihood of the next spouse you marry, will truly be till death do you part.
Todd Orston: And if you do believe
you've made the right choice, and all of that. Again, it's not what you do,
it's how you do it. Incorporating children into the process of getting
remarried and all that. Understand, and most people already know this. It's
going to trigger the other party. So communicating in a healthy way about it,
as opposed to lying about the marriage, and saying, "Yeah, we need the
kids this weekend, can we have them?" And then all of the sudden there's
all sorts of posts of the children at a wedding and all that. I've seen that
trigger people and it becomes a real real problem. And it's not contemptible.
That's not a contemptible act. But it's definitely an act that's going to make
your post divorce life more difficult.
Leh
Meriwether: Yep. All right.
And along that same lines, refusing to communicate with your ex. About all
kinds of issues. Particularly about the kids though.
Todd Orston: And that could be
contemptible. Or if not contemptible, it could open the door to a modification.
That failure to cooperate. Let's say it's a failure to cooperate on property
division. And like we were talking about before, removing stuff from the house.
That could rise to the level of contemptible behavior. When it comes to
children and failure to communicate, that shows a lack of good co-parenting
skills. And that could result, if it's egregious enough, and regular enough, it
could result in a modification being filed.
Leh
Meriwether: Yep. So the next
thing is playing the blame game. So if you ... And I'm going to tie this with
the other one, a refusal to forgive. Forgiveness is often more for you, than it
is for the other side. And forgiveness isn't about the other side. Forgiveness
is never something that someone can earn, or even deserves, but if you continue
to blame the other person, and can't forgive them, you're going to be
miserable. And we see it. How many times have we met someone that they explain
their divorce, they're like, "Wow, so was your divorce just ... Did you
just get divorced like last month?" They're like, "Oh no, it was 20
years ago."
Todd Orston: Yeah, it's like, "Time
to move on." But sometimes it's hard for people to move on. And that's not
going to help you. It's only going to create more problems.
Leh
Meriwether: All right. So
badmouthing your ex on social media or in public.
Todd Orston: My previous clients love
when that happens. Again, more sarcasm. Sorry.
Leh
Meriwether: It hurts your
kids on multiple fronts. It not only will cause you to be dragged back in court
sometimes, but it gets back to the kids.
Todd Orston: I've seen, as listeners can
probably imagine, you and I have seen and heard of many situations. I mean, I
had some where it was so bad, I mean literally videos of the dad with his
girlfriend trying to convince a child to call the girlfriend, mommy. Just stuff
where it's like, "You've got to be kidding me." I couldn't have
scripted something more horrible. And so understand, by doing that kind of
stuff, I don't know how, but let's say it's making you feel better inside that
you are somehow retaliating. But what you're doing is just basically making
sure that that relationship, that co-parenting relationship is going to be a sour
one.
Leh
Meriwether: And along those
lines, another thing that can ruin your post divorce life is disregarding or
ignoring your childrens' feelings about the situation or your ex. Maybe you are
very upset with your ex, and you may have every reason to be so, but your
children, they look at your ex as either their mother or their father, and
they're more likely to forgive them. Because it didn't happen to them. And if
you ignore their feelings, what can happen is later on they start to resent
you. And that can either result in a change in custody, where the other party
gets primary custody.
Leh
Meriwether: Or, when you get
older, when they get older, I should say and it's time for the grandkids to
come visit you, they may not come visit you. And we've seen that time and time
again. Don't disregard your childrens' feelings.
Todd Orston: And also, don't refuse to
spend time with and visit with your kids out of some sense of anger you have
with the other parent. Your children need you, all right? We've seen sometimes
where it's like people distance themselves because they're so caught up in
their own anger, and the only ones that are really being hurt at that point are
the kids.
Leh
Meriwether: Yep.
Todd Orston: So you need to put that
anger aside. The last one I would say, regarding custody, a failure to be
flexible with the other parent. It can't be a one way road. If the other party
is always asking for accommodations and you say okay, and you ask for one, and
they're like, "Go fly a kite." Well, then obviously that's a problem,
and I'm not saying you should still keep giving, giving, giving, without
getting something in return. But be open to accommodating. And be reasonable.
And that's going to create a better co-parenting relationship.
Leh Meriwether: Yep. And so lastly, is a personal
section. I wish we had a little more time for this, because it's just as
important. But there's several points we're not going to have a chance to get
to, so I'm going to focus on I think some of the most important parts. Don't
avoid counseling. You've just been through a really ... for everybody I know
that's been through a divorce, it's a trauma. And counseling is so powerful. It
can help you get through the trauma. It can help check you, to make sure you're
not doing any of these other things we've been talking about on the custody
side. Because it's really easy to slip into the blame game. Especially if the
other person, there's a lot of blame to go around on the other side. But your
children don't need to hear that.
Leh
Meriwether: So by you getting
into counseling, it can help you with your co-parenting relationship. It can
help to make sure you have a long lasting relationship with your children. It
can help you avoid making poor decisions. Because this all ties into all the
other ones, that's why it's last. Sometimes we rush out and we buy something
that we really don't need, because we want it, because we think it will make us
feel better. And it doesn't. And then it winds up having other long term
negative impacts. Because now you're financially struggling because you got
into further debt. Don't isolate yourself from positive married friends. And
don't compare your divorce to everyone else without knowing the background.
Todd Orston: That's a mistake during the
divorce, after the divorce, because usually it's not an apples to apples
comparison. The other party, there's different circumstances that resulted in a
different outcome in the divorce. And so comparing yourself and your situation,
it just doesn't work.
Leh
Meriwether: Hey everyone,
that pretty much wraps up this show, we hope that you can get some great
takeaways from this, so you don't ruin your post divorce life. Thanks so much
for listening.