Episode 146 - 3rd Annual Halloween Special
Todd
Orston: You're scaring
me, and it's not for the reason you think.
Leh
Meriwether: Darn it. I was
trying to do my scariest laugh.
Todd
Orston: No, no, no.
Let's put it this way, you do that one more time, the entire show I'm speaking
like Dracula. I may even do it for every single show from this point forward.
Todd
Orston: So, Leh, what do
you think?
Leh
Meriwether: Oh my gosh.
Everyone, if you couldn't tell, welcome. It's Leh Meriwether and Todd Orston.
We are partners at the Law Firm of Meriwether and Tharp. And today, well, you
may learn about divorce and you may learn about family law, but this is our
Halloween special. This is the third year we've done this now. So we take some
classic Halloween stories and turn them into divorce situations or family law,
and we just have some fun.
Todd
Orston: I don't know
what you're talking about because what we've done is taken letters from real
people with real legal issues that have written us to ask for advice, and we
are going to read those letters online. Is it sounding like I'm sincere? I
don't know. So these letters that will be read are actually from people with
legal questions. I do not know who they are right now.
Leh
Meriwether: Well, I'm glad
that some people wrote in with some questions.
Todd Orston: It's amazing.
Leh
Meriwether: It is.
Todd
Orston: From all walks
of life. I mean, different areas of the state of course because they're all in
Georgia. It's amazing. They've all moved here.
Leh
Meriwether: Wow.
Todd
Orston: I know.
Leh
Meriwether: I can't to hear.
Todd
Orston: Me too because I
have not even read them yet.
Leh
Meriwether: Well, let's read
them together for the first time.
Todd
Orston: I'm dressing up
like a liar this year.
Leh
Meriwether: That's why your
pants are on fire.
Todd
Orston: All right. So
are we jumping in?
Leh
Meriwether: We're jumping in.
Todd
Orston: All right. So
the first one comes... Let me see. His name is Carl, and Carl writes us and
says, "My wife and I married three years ago, and I think I need to get a
divorce. The yelling just doesn't stop. From morning to night, my wife yells
all the time. Whether she's asking me to take out the trash, change the channel
on the TV, or pass her the green beans, she is always yelling. I know she's a
banshee, but come on, a person can only take so much abuse."
Todd
Orston: Wow, Carl.
Leh
Meriwether: Whoa. I'm sorry to
hear that.
Todd
Orston: Carl has a
problem.
Leh
Meriwether: He does have a
problem. I'm surprised he didn't hear that problem coming before he married
her.
Todd
Orston: Yeah. I was
scratching my head as well having read this for the first time just moments
ago. But a banshee, which is a spirit that is known to yell or scream. When
they met, I have to assume she was still sort of into the yelling thing.
Leh
Meriwether: You would think.
Todd
Orston: But let's put it
this way, in a non-human to banshee relationship, I would say that constant
yelling is not a job, obviously. It could even rise to a level of abuse.
Leh
Meriwether: Wait, do you mean
a human relationship? You said non-human.
Todd
Orston: A human to
banshee.
Leh
Meriwether: Oh, human to
banshee.
Todd
Orston: Yeah, a human to
banshee. Don't correct me. I will pull out Dracula's voice, and then we're all
doomed. No, in a non, meaning where it's just a human to human. Do I have to
write this out for you?
Leh
Meriwether: I think you have
to write it out for you.
Todd
Orston: All right.
Obviously there's no joking about that kind of treatment by a spouse. Here, to
your point, maybe when they first met, all the yelling would've been sort of a
warning sign.
Leh
Meriwether: And it's
interesting because we had Bill Eddy on one time about his new book. Well, it
was new at the time. But the Five Types of People that Will Ruin Your Life. I'm
not sure banshee was listed in there, but I'm sure if he was thinking about it,
he would've added it.
Todd
Orston: I'm sure he's
going to come out with a new version.
Leh
Meriwether: The Five
Supernatural-
Todd
Orston: The Five
Supernatural-
Leh
Meriwether: ... Personalities
You Should Avoid That Will Ruin Your Life.
Todd
Orston: That Will Ruin
Your Life.
Leh
Meriwether: Yeah.
Todd
Orston: Yeah.
Leh
Meriwether: We need to tell
him about that topic.
Todd
Orston: I'm fairly
certain he will start writing it never.
Leh
Meriwether: But in his book,
he talks about certain personality types that you should avoid and never marry.
And I've even heard judges talk about... Again, not trying to minimize anything
anybody's going through in their relationship. But I'm trying to give you the
perspective of the court. I have heard judges say that they didn't understand
why the spouse was upset, like, "I just can't believe he drinks so
much." Well, where'd you meet him? "Spring break at the bar, drinking
all the time." Well, what kind of dates did you have? "Well, we
always went to bars." It's just like, "But I grew up. I thought he
would grow up." The judge was just like, he didn't have as much sympathy.
Todd
Orston: Well, yeah
because the reaction seemed a little insincere.
Leh
Meriwether: Right.
Todd
Orston: It's like you're
sitting here trying to convince this court to be upset with you about that
behavior, but it sounds like that's the behavior that drew you together in the
first place. And it was okay before you got married and dated, and then you got
married and it continued. Here you are one, two, five, 10 years later, now
suddenly wanting to say, "This is terrible, and I've been
mistreated." And the court may not see it the same way.
Leh
Meriwether: Now, don't get me
wrong, they're still going to be fair. They're going to take all that into
consideration. But sometimes people will overreact or they'll say... They'll
act shocked that the person's this way, but they've always been that way.
Todd
Orston: Absolutely.
Leh
Meriwether: That's it.
Todd
Orston: All right.
Leh
Meriwether: All right.
Todd
Orston: All right. So
let's go into this one comes from an Admiral Sam.
Leh
Meriwether: Oh, we have an
admiral.
Todd
Orston: An admiral.
That's amazing.
Leh
Meriwether: He must be out of
that Savannah port.
Todd Orston: Why yes. I think it says that
right here. He writes us and says...
Leh
Meriwether: Or is it
Brunswick, is that where it is? Brunswick. Spring Mary's Brunswick?
Todd
Orston: You're just
wasting time at this point.
Leh
Meriwether: Okay.
Todd
Orston: I mean, we-
Leh
Meriwether: We got a port down
there.
Todd
Orston: We have
important letters. You're not taking this seriously. We have important letters
that we need to get to. Just be a professional.
Leh
Meriwether: Okay.
Todd
Orston: I warned you. Everything
now will be like Dracula.
Leh
Meriwether: I challenge you to
do that the whole show.
Todd
Orston: No, no, no. All
right. So this one comes from an Admiral Sam, and he writes to us and says,
"I hate to say this, but my wife is a no good Siren. I mean, literally,
she is a Siren. I believe she is having an affair. I mean, every time I get
home from work, there are guys all over the place. On the lawn, at our front
door, washed up in our pool. I am tired of it, and Siren or not, I want to file
for a divorce on a ground of adultery." Wow, admiral or Sam or whatever
you go by.
Leh
Meriwether: Probably Admiral
Sam.
Todd
Orston: Admiral Sam.
Yeah. That's pretty serious.
Leh
Meriwether: I think the
question is can he handle the truth? Because we're about to give it to him.
Todd
Orston: We're going to
give him the truth, absolutely. Well, Sirens, what are Sirens?
Leh
Meriwether: Well, Sirens are
those mythical women that supposedly they will be on the shores of a jagged
coastline, and they will sing and invite men into their deaths. I think you
hear about them in Odysseus's travels. He wanted to listen to them. In fact,
his men tied him to the post, and he was begging them to release them and go
right into the shoreline.
Todd
Orston: I didn't ask for
an entire... Man, I mean, come on. We have four segments. And your tuned in to
Mythology Today with Leh Meriwether.
Leh
Meriwether: Well, I'm just
wondering where Admiral Sam, where he met her. One day he's on the shore...
Todd
Orston: Can we help Sam?
Come on.
Leh
Meriwether: Well, we can help
him.
Todd
Orston: All right. So
Admiral Sam-
Leh
Meriwether: Well, the first
question is is there adultery, and was that adultery the cause of this divorce?
Todd
Orston: And I know we
sort of hinted at it, and we'll say it throughout the show. Yes, we're making
light by using these examples. But the issues in these examples, we're not
taking lightly. So if there's adultery, to your point, right. Was it or rather
is there adultery? All I'm hearing is he married someone who likes to sing and
has an effect on men. And the men are showing up, but at that point, there may
not be any additional evidence that supports adultery.
Leh
Meriwether: They just are on
the lawn and crashed in the pool.
Todd
Orston: Which I got to
tell you, I mean, I would be a little annoyed. I mean, then you have to clean
the pool. That's just no.
Leh
Meriwether: She probably had
no shortage of pool boys though.
Todd
Orston: Yeah. I guess
that's one way to look at it. That is a very glass half full kind of way of
looking at it.
Leh
Meriwether: Free labor.
Todd
Orston: Absolutely.
Leh
Meriwether: I will say though
in other states though this wouldn't be that big of a deal. Because in Florida,
in Georgia-
Todd
Orston: A lot of pools.
Leh
Meriwether: There are a lot of
pools in Florida, but in Georgia, one of the basis to get a divorce is
adultery. They don't have that in Florida. So there's some states where it is
truly on fault. That is your sole basis for filing, and courts don't care that
much. I mean, there are certain circumstances where they would. So if the Siren
happened to give all the money to the men, and he came over and the men were
leaving with everything out of the house, well that could play into it. But
otherwise-
Todd
Orston: They're just
listening to some tunes.
Leh
Meriwether: Absolutely. Just
listening to some tunes, and I feel like right now our audience is listening to
two loony tunes.
Todd
Orston: Yeah.
Leh
Meriwether: Up next, we've got
some more letters from listeners that are having challenges in their marriage.
Leh
Meriwether: I just wanted to
let you know that if you ever wanted to listen to the 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.
Leh
Meriwether: That's right.
Todd
Orston: You can turn on
the show and we'll help you fall asleep.
Leh
Meriwether: There we go.
Todd
Orston: I'll talk very
softly.
Todd
Orston: Leh, look into
my eyes. This is now the Dracula Show. You're back. We have Dracula. Leh had to
go away, and I drank all Todd's blood.
Leh
Meriwether: I'm back, and you
must be feeling pretty sick right now.
Todd
Orston: Yes, I am now
the undead Todd.
Leh
Meriwether: You're now the
undead Todd. Well, welcome back everyone. This is Leh and Todd on the
Meriwether and Tharp Show. But this is our Halloween special. So we do this
every year. We take letters from real people with real problems, and with the
undead, and we help them out. Or the supernatural. It's not always undead,
sometimes it's just the supernatural. And we try to help them out, give them
some legal advice.
Todd
Orston: And maybe some
dating advice because I don't know between banshee and the Siren, you would
think there would've been warning signs.
Leh Meriwether: Yeah.
Todd
Orston: Yeah.
Leh
Meriwether: Well, the Siren I
guess you're kind of under their spell.
Todd
Orston: Yeah. I'm sort
of curious how Admiral Sam even met his wife.
Leh
Meriwether: Yeah.
Todd
Orston: Did he just get
pulled in and she's like, "I'm going to keep you."
Leh
Meriwether: I guess so. But
how does he even get out of the house. I guess she doesn't sing when he's
there. Maybe just does it when she's in the shower.
Todd
Orston: I am fairly
certain we are digging way too deep on this.
Leh
Meriwether: Okay. He didn't
ask those questions.
Todd
Orston: All right. So
the next one. This one's serious. Get serious, Leh.
Leh
Meriwether: I've been serious.
Todd
Orston: Serious face.
Leh
Meriwether: Game face is on.
Todd
Orston: That's a scary
face.
Leh
Meriwether: Well it is the
Halloween special.
Todd
Orston: All right. This
one comes from, is that pronounced Sharon?
Leh
Meriwether: I think it's
Karen.
Todd
Orston: Karon.
Leh
Meriwether: Karon.
Todd
Orston: Okay. All right.
Well, Karon says, "Well, my marriage seems to be over. My wife told me I
work too much but she doesn't understand how busy I am. My wife hired a divorce
attorney I know from work, and she filed for divorce. We don't have many assets
but of everything we own, she says she wants my boat. I told her to go to
heaven. I mean, I need the boat for work. I have to get people across the river
sticks. Can she really get the boat in a divorce? And if she does, I'll have to
swim people across on my back. And I could lose my job. Help me, please."
Todd
Orston: Oh, Sharon.
Sharon, Sharon.
Leh
Meriwether: I don't think he
would like you calling him Sharon.
Todd
Orston: That is very
unfortunate.
Leh
Meriwether: Yeah. I guess one
of my question is was his business incorporated? Did he incorporate... Is his
boat an asset of the business, or is it he just filed it all under Schedule C?
Todd
Orston: I think you're
digging way too deep there. I mean, look, his job as the boat man is to get
souls across the river sticks into the underworld, right?
Leh
Meriwether: Yup.
Todd
Orston: Okay. If we were
to play roles and I was his attorney, I would be like, "He needs that boat
to get people across the river, and without that boat, he can't do his
job." So in this situation, I would be probably advising. I'd probably be
saying to him, "I think there's a good chance that you'll be able to keep
the boat. At least there's an argument because it is something that you use for
work." I mean, if your job was using a different type of boat, different
type of business, clearly. But if you were a fishing captain, you need the boat
to be a fishing captain, otherwise that's not a fun fishing trip. It's like
grab a poll and jump on board, jump on my back.
Todd
Orston: So in that kind
of a situation, that captain needs the boat for a business, whether it's
incorporated or not. I mean, I understand your point. But I can understand that
if you just have a boat and you really like the ski boat because you really
like to entertain on the lake and yada, yada, then you don't have that same
argument.
Leh
Meriwether: Yeah, it's not
going to fly.
Todd
Orston: Yeah.
Leh
Meriwether: In that situation,
the boat would probably be sold if y'all couldn't agree what to do with it.
Todd
Orston: Right. So
Sharon, in this situation... I'm speaking to Sharon right now. Sharon, are you
listening?
Leh
Meriwether: His wife?
Todd
Orston: Karon, are you
listening? I would say obviously the first thing we need to do is identify all
the assets in your marriage. I mean, I have to assume he's made some money.
Doesn't he get paid to bring people across the river?
Leh
Meriwether: He gets gold coins
every time. Doesn't he at least one gold coin?
Todd
Orston: I want that job.
I don't know if I actually want that job.
Leh
Meriwether: It's an awfully dark
job.
Todd
Orston: That definitely
falls into the be careful what you ask for. So gold coins every trip across?
Leh
Meriwether: Yeah. A lot of
people die every day. Not to be morbid or anything. I'm just-
Todd
Orston: Yeah, thanks.
Thanks. We just lost a million listeners.
Todd
Orston: Wait, why's
everybody in the room laughing? Yeah. So I'd be saying to him, we definitely
would need to look at all the assets in the family. Where things get difficult
in a case is let's say this was not the boat man taking people across the river
sticks, and let's say there are literally no assets in the marriage. And all
there is is something that is used for work. It's the only thing that has value
and it has significant value. You're renting an apartment, you're leasing a
car. There's no 401K, no retirement, no investment, really no savings. And then
there's a boat, and it has a bunch of value. I mean, I'll pose it as a
question. I mean, at that point, what do you think the court would do?
Leh
Meriwether: Well, let's say the
boat has a value, but it's associated with the business. That's his form of
income. I mean, if I were her lawyer, I would argue this business has this
value because of all the gold coins he's earning. And if he's not going to give
her the boat, and he's keeping the boat, he needs to pay her for it. So there's
got to be some cashflow coming. If both of them happen to spend all the gold
coins or they melted while they were in Hades, I don't know. Anyways, so he'd
have to pay her something for the boat because I would think a court normally
would say, "Well, that is his source of income. But, ma'am..." In
most of the situations, you would hear the wife would be asking for alimony if
she was a stay-at-home dead person because she's in Hades. She's got to be dead,
right?
Todd
Orston: I've seen some
of the shows where, was it Perseus? Who went-
Leh
Meriwether: Persephone.
Todd
Orston: No, not
Persephone. Anyway, I saw Class of Titans. Didn't they go into the underworld?
Leh
Meriwether: Hercules did,
didn't he?
Todd
Orston: I don't know.
Once again, this is Leh and Todd with Mythology Today. So yeah, I hear what
you're saying. I think just to be really clear, what you're saying, I want to
make sure, is that at that point it may become less about the boat and more
about the business-
Leh
Meriwether: The value of the
boat.
Todd
Orston: ... and the
value. But the value as part of the value of the business because if he is
making a whole bunch of money, utilizing that boat... I mean, it could be a $10
boat. But if every time he uses that boat, he gets a gold coin and he's taking
many, many, many, many people across the river sticks, then clearly I may be
able to replace that boat for $10. But I don't want $5 for my share of the
boat. I instead am going to focus my attention on the business, and it could be
a multi-multi-million dollar business.
Leh
Meriwether: You know one of
the things we've seen before is say, all right, here's another thing he could
do. He could say, "You know what, if you think this boat's so valuable,
buy it from me." And then he can go buy a nicer boat, one he doesn't have
to push with a stick. He can get one with a motor on it.
Todd
Orston: That would be
cool.
Leh
Meriwether: That would make
his life a lot easier.
Todd
Orston: Everybody jump
in. Take you to the underworld.
Leh
Meriwether: What's he
thinking? He's really being short sided here.
Todd
Orston: He's got like
four 600 horsepower, outboard engine.
Leh
Meriwether: Center console.
Todd
Orston: Center console.
Leh
Meriwether: That's what he needs
to be... See, he needs to hire us so we can talk about how she can buy him out,
and then use all that money to buy something really nice.
Todd
Orston: That's right.
Leh and Todd representing the undead.
Leh
Meriwether: The boat man over
the river sticks.
Todd
Orston: Well, all right.
So, Karon, you've definitely got some things to think about because I think
it's going to be less about the boat and more about the business that you're
engaged in. And then on top of that, I think it does open the door to an
alimony discussion because if you're making a gold coin every time you bring
somebody across, and if you're business is as robust as I think it may be, then
that's a whole bunch of gold coins.
Leh
Meriwether: That's a lot of
gold coins.
Todd
Orston: And if your
spouse is totally dependent on you for support, not only do you have to deal
with division of the value of the business, but there could be an alimony
aspect to your case.
Leh
Meriwether: I wonder what kind
of shops they have in Hades.
Todd Orston: I don't even know what to say
to that.
Leh
Meriwether: Up next, do I
actually... Do we have a letter from Hades?
Todd
Orston: I think we do.
Leh
Meriwether: Ah, sweet. Up
next, we're-
Todd
Orston: I don't know if
that's a great reaction to...
Leh Meriwether: More up next.
Todd
Orston: Sweet, Hades.
Leh
Meriwether: Tune in next.
We're going to hear from two more listeners.
Leh
Meriwether: (singing)
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 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: (singing)
Leh
Meriwether: Todd, can you just
tell Dracula never to come back?
Todd
Orston: It's funny. I
feel like he said he same thing about you. Oh, burn.
Leh
Meriwether: Oh my. Welcome
back, everyone. This is Leh Meriwether and Todd Orston. And you're listening to
the Halloween special of the Meriwether and Tharp Show. If you want to read
more about us on a serious note, you can check us out online at
Atlantadivorceteam.com. And if you want to hear from our previous listeners
that wrote in with some very serious and challenging problems they're having in
their marriage, you can tune in to or you can look us up, look up the past
episodes at divorceteamradio.com. You can even read a transcript of this one.
Leh
Meriwether: I wonder how the
blah, blah translates?
Todd
Orston: B-L-A-H.
B-L-A-H.
Leh
Meriwether: But it just
doesn't have the same...
Todd
Orston: It does sort of
come across as blah, blah.
Leh
Meriwether: Yeah, exactly. You
were going blah, blah, blah, blah, blah, blah.
Todd
Orston: Yeah. I really
think after the segment is over, we should talk about this more.
Leh
Meriwether: I'm waiting on you
to read the next letter.
Todd
Orston: Seriously, these
people need help, Leh.
Leh
Meriwether: Okay.
Todd
Orston: Get serious.
Leh
Meriwether: Well, read the
letter.
Todd
Orston: All right. This
comes from Hades, and I'm not excited about that. He writes, "How could it
be over? Ever since I abducted my wife and took her to the underworld against
her will, things have been great. I mean, she helps me with my business, and I
thought things were going well between us. Clearly not because now she says she
only wants to spend one third of the year down here with me. And the other time
at our timeshare in Destin. Well, that will not do. I want her out. Can I kick
her out of the underworld and not let her back in? I could change the locks or
sick Cerberus on her." Did I pronounce that right?
Leh
Meriwether: I believe so.
Todd
Orston: Wow, Hades. Wow.
Leh
Meriwether: Yeah. Way to be-
Todd
Orston: That's all I got
for you.
Leh
Meriwether: Way to be a
control freak.
Todd
Orston: Yeah, seriously.
Seriously. So my understanding is that he saw Persephone.
Leh
Meriwether: Mm-hmm
(affirmative).
Todd
Orston: Left the
underworld, grabbed her, brought her back. After some mythological experts are
going to like probably want to hurt me for this. I'll just summarize very
quickly that after some negotiating, it did end up where she maybe doesn't have
to spend all of her time in the underworld. Understandable. But she helped run
the underworld. So really Hades, his issue is he's angry. Maybe rightfully so.
Leh
Meriwether: She only visits
him in the winter.
Todd
Orston: Yeah. Which is
never in the underworld. I don't know what the underworld...
Leh Meriwether: But that was the cause of the
seasons.
Todd
Orston: Oh, that's
right. Don't test me. Don't test me. I could always play the Dracula card
again.
Leh
Meriwether: Oh, please don't.
Todd
Orston: So Hades, I'm
speaking to you now. Let's get serious. Let's pretend like Leh's not here.
Leh
Meriwether: Well, you're also
going to have to pretend that it's located... Because Hades isn't necessarily
any state. So we're going to have to pretend there's an entrance here in
Georgia or something.
Todd
Orston: Yeah, I don't
want to pretend that actually. Trying to pretend that I am leaving the state
immediately.
Leh
Meriwether: Well, let's say
she is in Savannah.
Todd
Orston: Okay.
Leh
Meriwether: We have to have
jurisdiction.
Todd
Orston: Okay. It's
called temporary suspension of disbelief. Let's just pretend Hades-
Leh
Meriwether: You said these
were real people.
Todd
Orston: They are.
Leh
Meriwether: Okay.
Todd
Orston: Don't test me.
Leh
Meriwether: But you have to
have jurisdiction to file a divorce. Where you file for divorce, you have to
have resided, at least here in Georgia. I think Florida is the same, many
states it's six months. You have to have resided in the state for at least six
months in order to file a divorce.
Todd
Orston: Yeah, and some
states it's less time, some states... There are few states where it's a year,
and don't get me started.
Leh
Meriwether: So she was in
Florida for a third of the time. So that would be six months. He could file in
Florida for divorce.
Todd
Orston: Yeah, that is
true. That is true. So jurisdiction is something to consider on a different
show. For this show though, let's focus on Hades for a moment. Don't be
selfish.
Leh
Meriwether: On the man, not
the-
Todd
Orston: Correct.
Leh
Meriwether: Not the location.
Todd Orston: That's correct.
Leh
Meriwether: Okay.
Todd
Orston: All right. So
Hades is upset right or wrong, and he wants her out of the underworld. And
wants to kick her out, change the locks, and maybe sick the three-headed dog on
her.
Leh
Meriwether: Well, let's
address... There's two things there. First off, if they're married, he can't
just kick her out of the Hades home because they're married. And probably her
name's on the deed too. You would think.
Todd
Orston: I never even
thought about pulling those records. So yeah. I think you're right. I think
unfortunately because they're married, she... Until a court issues a different
kind of order, she has just as much right to their home, namely the underworld,
as he does. So if we were not talking about Hades, not talking about the
underworld, then if this were just a home, we get that question all the time.
The other party moved out temporarily or whatever, went on a trip. I want to
change the locks. I want to keep them out. And unfortunately they have just as
much right to get into the home as you do.
Leh
Meriwether: Even if their
name's not on the deed.
Todd
Orston: That's right.
Because title, when it comes to divorce, at least here in Georgia. Title
doesn't mean anything. Now, let's talk about some things that Hades could
potentially do.
Leh
Meriwether: He could file for
a temporary hearing, and he could ask for temporary use and control,
possession...
Todd
Orston: Dominion.
Leh
Meriwether: Dominion over
Hades.
Todd
Orston: That's right.
Leh
Meriwether: So that's what he
needs to do that way he gets a court order, and then I guess-
Todd
Orston: I had a client
that once asked me to file that.
Leh
Meriwether: Dominion over the
home?
Todd
Orston: Yeah. I mean,
the client said his spouse was from hell. But you're right, a temporary order
or a temporary hearing request can be made to try and get an order that
basically allows for him to have sole use and dominion over the underworld
until such time that the court can make a final determination in the case.
Leh Meriwether: Or there's an agreement of the
parties.
Todd
Orston: Right.
Leh
Meriwether: On the issue of
Cerberus, if he sicks Cerberus on her, that could be an act of family violence.
Todd
Orston: Absolutely.
Leh
Meriwether: And she could
bring a family violence action against him, and the court could order him to
leave Hades. And she could take dominion and control of Hades, at least on a
short-term basis.
Todd
Orston: That's the
problem with hell guarding three-headed dogs. I'll be honest. If I had a nickel
for every time my kids asked for one when they were young, no. No. Turtle,
fish, fine. But a hellhound, no. I had to draw the line.
Leh
Meriwether: What if she wanted
the hellhound, to keep the hellhound?
Todd
Orston: Like a lap
hellhound.
Leh
Meriwether: Yeah.
Todd
Orston: Oh, can you
imagine a three-headed chihuahua?
Leh
Meriwether: That would be
frightening.
Todd
Orston: Oh my god. The
yapping that would occur.
Leh
Meriwether: In Georgia, what
would the courts do if they had a fight over Cerberus?
Todd Orston: Well, whether you like it or
not, animals are considered chattel. They're considered property. And so I'm
not going to sit here and say that a judge won't listen to the emotional
connection between the parties. I mean, I've seen it before where parties are
fighting over a pet, and they both loved the dog. The court's going to be like,
"I don't really know what to do." And it's almost like a roll of the
dice or a flip of the card or coin or whatever. And the court just has to make
a guess and say, "The dog's go over here, over here." I've heard of
stories of there being visitation schedules for a pet. Most courts, most judges
are not going to sort of put up with that. So more than likely, the animal will
be given to one party or the other. But, like I was saying, if there's... Let's
say Persephone is the one that fed Cerberus and played with Cerberus.
Leh
Meriwether: Took him for
walks.
Todd
Orston: Took him for
walks, and Hades was just ignoring the animal. All to Hades, it's just a guard
dog guarding the underworld. Then the judge-
Leh
Meriwether: But he takes him
hunting from time to time.
Todd
Orston: What? Hunting...
Anyway, but at that point the court could say, "You know what, clearly
Persephone has a stronger emotional connection with the pet." But then it
begs the question, Cerberus's job is to guard the entrance to hell, to Hades.
Leh
Meriwether: Mm-hmm
(affirmative).
Todd
Orston: I mean, so
without Cerberus, so it's almost like going to what we were talking about
before. It's like part of the business.
Leh
Meriwether: Oh, that's true.
Cerberus is part of the business.
Todd
Orston: Then anybody,
you want to go to Hades? Done. Let's do it. There's no three-headed dog
stopping me.
Leh
Meriwether: Because everybody
wants to go there for a vacation.
Todd
Orston: Vacationing
there. Then it's just unmanageable. So I think the argument can be made.
Leh
Meriwether: Yeah, definitely.
Todd
Orston: Yeah. I think
some other arguments can be made.
Leh
Meriwether: Interesting, in
California, I think they have come out with a pet statute now where they can
treat pets kind of like pet custody.
Todd
Orston: Wow.
Leh
Meriwether: Pet custody.
Todd
Orston: Interesting.
Leh
Meriwether: Florida and
Georgia don't have that, and most states don't have that. In fact, I read an
article where Florida court say they hate dealing with pet issues. So not every
judge, but-
Todd
Orston: Because it's
property that has to be dealt with on an emotional level.
Leh
Meriwether: Mm-hmm
(affirmative). Which they don't want to do that. They'd rather focus on the
kids.
Todd
Orston: Good luck,
Hades.
Leh
Meriwether: Good luck. When we
come back, I think we have at least one more letter.
Todd
Orston: One more.
Leh
Meriwether: All right. You
don't want to miss it.
Todd
Orston: Blah, blah.
Leh
Meriwether: I just wanted to
let you know that if you ever wanted to listen to the 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.
Leh Meriwether: That's right.
Todd
Orston: You can turn on
the show, and we'll help you fall asleep. Blah, blah.
Leh
Meriwether: There you go.
Todd
Orston: I'll talk very
softly.
Leh
Meriwether: Welcome back.
Todd
Orston: Oh, gosh.
Leh
Meriwether: You won't even let
me try to do the scary voice.
Todd
Orston: Because I'm a
little nauseous.
Leh
Meriwether: All right. I'll
keep my normal happy voice. Welcome back, everyone. This is Leh Meriwether, and
with me is Todd Orston. We're partners at the Law Firm of Meriwether and Tharp,
and you're listening to the Halloween special of the Meriwether and Tharp Show.
Here we take questions of folks that are having real challenges with the
supernatural and undead, and we do our best to take it seriously. And we just
want to help everyone, even those that may not be in our plane of existence. If
you're just now tuning in and you want to hear past what we've talked about the
first three segments, you can always go to Divorce Team Radio and check it out
there.
Leh
Meriwether: We've been
answering questions from letters that we've received, and we have one more
letter that we need to dive into.
Todd
Orston: All right. And I
got to say, to all of the... It was very brave of all of them to write us.
Leh
Meriwether: It was.
Todd Orston: And so thank you. Thank you
for reaching out with these questions that clearly... Am I selling it too hard?
Am I just too much?
Leh
Meriwether: Just a little.
Todd
Orston: All right. So
the next letter comes from... Let me see. Morticia and Gomez Addams.
Leh
Meriwether: Oh. Okay.
Todd
Orston: Yeah. I haven't
heard of them. So Morticia writes, "My husband and I recently received a
call from Georgia DFCS saying..." Like I said, everyone has moved to
Georgia. It's really amazing.
Leh
Meriwether: It is.
Todd
Orston: "Saying
they want to conduct a home visit. Apparently someone filed a complaint saying
our home is unsafe for our children Pugsley and Wednesday. Can you believe it?
I mean, how can you say that they're not safe when we've given them everything
they need to be safe? Crossbows, swords, dynamite, and every trap door is in
good working condition. What is unsafe?"
Leh
Meriwether: What more could
you ask for?
Todd
Orston: Listen, it's
resonating with me. "The giant monster in the closet, is that unsafe, or
their murderous Uncle Fester who lives with us? I think not. I'm thinking that
we should just ignore the request or tell them no. We would also or could also
let them fall through the trap door on the porch, and that'll solve the
problem. Your help and guidance is appreciated."
Leh
Meriwether: That's a lot to
unpack.
Todd
Orston: Seriously.
Seriously, we're going to need a whole show.
Leh
Meriwether: Well, let's start
with let's not use the trap door because if the DFCS worker does not come back
or report back, they'll send more.
Todd
Orston: You know I got
to tell you, that's where you and I differ. No, I'm kidding. On the record, I
am not... I am agreeing with you. No trap doors, and-
Leh
Meriwether: We're going to
have people from the Department of Family and Children Services knocking on our
doors.
Todd
Orston: Yeah. Let me say
this, as we continue with the jokes and all of that, let me say what DFCS does
and what the DFCS equivalent does in every state in this country, it is a
Herculean since we're doing a mythology theme sort of. So they have taken on a
Herculean task, and I'm not saying they always get it right. But nobody always
gets it right. Remember last show we talked about, don't speak in those types
of terms, those absolutes. But what they do is incredibly good and necessary
work. Having said all of that, don't go to that house. In terms of the Addams,
I would say you can't just ignore DCFS. You may want to. You may think it's
appropriate to, and you'll be making potentially a huge, colossal, long-term
mistake that impacts you and your family for years and years to come, not days,
not months. This is one of those examples where the legal system is not fast.
And if-
Leh
Meriwether: Well, it can be
fast and take away your children.
Todd Orston: Absolutely. No, but then
getting them back.
Leh
Meriwether: Getting them back
could take forever.
Todd
Orston: It could take
forever. We have had clients, I have had clients where years later they are
still fighting to prove that the children or a child should be returned. So
going to the question of should you ignore, absolutely without any hesitation,
I will tell you that is not the answer.
Leh
Meriwether: Right. So the best
thing... I usually tell... Call a lawyer first. Talk to them about the situation,
what's going on. You want to cooperate at a certain level, but let's talk about
their house, for instance. Maybe they want to have a lawyer come by the house
first, help them clean up a little bit, make it look nice and presentable. So
you could sort of... I wouldn't say push them off. Say, "Well, I can't
meet with you today or tomorrow, but how about today's Monday, how about
Thursday? Will Thursday work? Come on by Thursday." A lot of times they'll
say, "Okay. We'll be out Thursday," and they'll give the time that
they want to come by. And of course they're going to want to talk to the kids.
So I would suggest let's get Uncle Fester and Cousin It, when we know they're
coming, let's send them to the park or give them tickets to Six Flags, something
like that. It's Halloween time, they fit right in over there. So send them over
there, have a good time.
Todd
Orston: Wait wait. What
about the Thing.
Leh
Meriwether: The Thing?
Todd
Orston: What about the
little hand guy?
Leh
Meriwether: Isn't that Cousin
It?
Todd
Orston: It is the hairy
guy.
Leh
Meriwether: Oh, okay. The
Thing too.
Todd
Orston: You don't even
know your clients. It's embarrassing.
Leh
Meriwether: I forgot about the
hand. Well, you might need the hand to clean some stuff up that you might have
missed. So he can move things around for you.
Todd
Orston: All right. If
any of you listening right now have a bodiless hand that can animate and move
around, get rid of it. I don't really know a different way of saying it. I
mean, it's really not only if DFCS stops by.
Leh
Meriwether: Well, have Uncle
Fester take it with him.
Todd
Orston: That's fine.
That's fine.
Leh
Meriwether: Yeah. Because I
don't think him putting glass light bulbs in his mouth is going to look good.
So definitely get him out. And then let's see. Make sure all the trap doors...
I know they maybe in good working order, but we probably should cinch them up
so that they don't accidentally go off.
Todd
Orston: Yeah.
Leh
Meriwether: And I'd love to
cover them up. May put a rug over them so they can't even see them. That'll be
good. Probably put away the knives and the axes and the crossbows. Don't want
them to see that.
Todd
Orston: You don't want
to have unsecured medieval weaponry.
Leh
Meriwether: Right. Could they
be in a shooting range? Yeah, that could be okay. But just have it where it's
secured so the kids can't just go and start going up to the next door neighbor
and say, "Hey, put this apple on your head." You don't want that
happen.
Todd
Orston: No. That's
probably going to be looked down upon by the DFCS investigator.
Leh
Meriwether: Yeah.
Todd
Orston: Look-
Leh
Meriwether: Also tranquilized,
by the way, the monster that's in one of the closets. Don't they feed some
monster that's in the closet?
Todd
Orston: Yeah.
Leh Meriwether: And I'd probably have Pugsley has
an octopus, right? A pet octopus.
Todd
Orston: I got to tell
you, this is a lot of work. I'm going back to the trap door. I'll be honest
with you. It's starting to sound like a good option. Once again, only kidding.
No, jokes aside, what we're trying to say is... What are we trying to say?
We're saying that you have to take this seriously. And you've probably already
contacted an attorney. If you haven't, contact an attorney. At the very least,
do a consult with an attorney so you can better understand basically what's
happening. What an investigation will look like. Try and figure out what
they're looking for, meaning what the concerns are. Sometimes DFCS won't even
tell you what the complaint is.
Leh
Meriwether: Right, and they
definitely won't tell you who made the complaint.
Todd
Orston: Right. So it's
not like they're going to give you roadmap about, "Here are the concerns
A, B, and C." And you can just remove the animated hand and the murderous
uncle and the monster in the closet, and okay, problem solved.
Leh
Meriwether: Probably should
get rid of the dynamite.
Todd
Orston: And the
dynamite. I mean, in small batches, it's fine. So you need to take it
seriously, you need to talk to an attorney because an attorney, to your point,
can walk you through basically this is what an investigation's going to look
like, these are the concerns are going to be. So why don't you jump in and now
say, let's say an investigation occurs and there are some concerns. Worst case you
already said. They can feel that it is such an unsafe environment that the
child or children can or need to be removed. But a lesser occurrence, meaning a
less severe finding or reaction by that DFCS investigator would be, what?
Leh
Meriwether: They would issue
what's called a safety plan. At least that's what we call it here in Georgia.
Todd
Orston: What is that?
Leh
Meriwether: So they say,
"All right. Well, we're going to help the children stay safe by making
sure they don't have access to sharp weapons and swords and axes. And they
cannot play with dynamite. And they need to stay away from the shooting
range." So they can get very specific situations where the children cannot
do certain things. They can even limit who can be around the children. Where
you often see situations is where there's a violent boyfriend in the house. So
they can come in to the mom and say-
Todd
Orston: Stay away from
that third party.
Leh
Meriwether: Right, and if you
allow them back in the house, we're taking the kids out.
Todd
Orston: It could be
drugs. It could be alcohol. It could be any of those types of concerns that
you'll have to stay away from a third party.
Leh
Meriwether: You know what I'm
really concerned about?
Todd
Orston: We have no more
time.
Leh
Meriwether: No more time.
Todd
Orston: I'm good. I'm
good.
Leh
Meriwether: You are good. Hey,
everyone. Thanks so much for listening. We hope you enjoyed our third annual
Halloween special.
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 enjoying
the show, we would love it if you could go rate us in iTunes or wherever you
maybe listening to it. Give us a five star rating, and tell us why you like the
show.