Transcript
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I've been dealing with this negotiation
and I have to tell you I don't very
often do this, but I don't think you
should marry this person. I would come
in it was like an entire operation. I
mean I'd come in sometimes there'd be
bags of money on the table. It was like
it was pressure cooker, right? And I
would come in just to quickly do the
civil divorce cases where they thrown
guy they thrown him in jail. The guy's
sitting in jail. I mean there's a guy
here from Muncie, you know, that wasn't
paying child support either, right? Did
you spend money on an affair? Did you
spend money on gambling? I literally
stepped out to take a phone call. While
I stepped out, they shoved the document
in front of my client and made her sign.
She didn't know any better. I I hate to
say it they have a lot of the judges in
their pocket.
And what advice do you have for people
who have blended families? The struggle
is real.
Yeah, the struggle is real. The struggle
is real and for the guts to stand up in
a crowd full of people and say that Dos
Toyras says this. Do you know what? Good
luck trying to find rabbonim Yeah. that
you and I know to stand up and say
something and speak out against it.
What message do you have to people
who are afraid that an avalanche of
abuse is going to come down, but they're
contemplating divorce?
How should they gather some courage and
decide, you know what? Enough is enough.
Okay. We have over here a wonderful
guest. Uh his name is Danny Yaniv. He's
a divorce attorney right here in uh
Rockland County. I want to thank you for
coming. Sure. And welcome to the
podcast. Good to be here. Let's jump
right into it. Um what drew you to this
uh profession that you're in right now?
So the profession itself was really I
think my entire life everyone said to me
is like you argue a lot.
Um and you like to argue and you like to
talk. Uh so
I think naturally everyone said you
should be a lawyer you should be a
lawyer and I think, you know, after
hearing it for most of my childhood and
you know, my parents kind of pushed me
into it.
I I decided that's what I was going to
do and I didn't really have any other
ambitions. So, I went to law school. Um
and you know, so
How old were you when you went to law
school? Uh
I think I started my law school career
at 22 or 23, if I recall. And it's a
3-year
it's essentially a 3-year program. Um I
graduated when I was probably about 26
and right around that time, I think, you
know, I was looking for a um
I was looking for a job that was more
local and so the the only thing that was
really available was a firm here in
Rockland County. It was a relatively big
firm. Um
and for matrimonial and I kind of fell
into that. I think in law school I
thought I would wind up in some sort of
real estate-related field, but uh
I got into the divorce uh
business essentially with a practice
that was primarily a high-end litigation
law firm.
Um and then I think a year into it it
was so contentious and it was very just
I guess a high-conflict
experience and I think I didn't like it
initially.
So, I left for a little bit and then,
you know, a year or two later I think
the economy came crashing down and um I
I decided I was just going to start my
own practice and what I initially
started out with was just this concept
of uncontested divorce.
Um at the time it was like around where
Amazon was blowing up and I thought that
everybody was switching to more of an
online presence and and things were
tran- people were transacting online and
I said, you know, why don't we try and
see if we can make divorce
transactional. You know, people that can
agree on the terms of the divorce, you
know, make it simple, make it
affordable. And so I I I kind of
started my career offering an online
uncontested divorce.
Um
that work?
Well, you know,
it it would I don't know if people
realize this, but I would say about 90%
of divorce, especially in New York
State, is uncontested. And what that
means is that you have couples who know
they want to get a divorce.
You know, most people
I think we live in a bubble, perhaps
here in Rockland County, but most people
outside of New York, you know, in New
York City and outside of the in in the
in the urban areas, they can't afford,
you know, to spend $25,000 on an
attorney for a retainer. And and so
they may not have enough money to even
fight over. So, what they typically will
do is say, "Hey, you know, we can
proceed on an uncontested divorce, which
basically is, you know, we'll agree on
the terms. We agree who, you know, gets
custody of the kids. We agree on how to
divide up the finances."
This all happens in your office? Well,
so yeah, so kind of taking you a step
back, when I started my practice, the
idea was to make this transactional,
where they would come online and they
would complete some information.
Um
And an attorney would then discuss it
with them, kind of give them some
guidance, and then we would draft up all
the documents. But, this was, you know,
a fixed fee, where they essentially
agreed on all the terms. So, they knew
how much they wanted, you know, to what
the agreement was regarding child
support, regarding how they wanted to
divide up. Most these people didn't have
a house or didn't have any major assets.
So, it was really just a
you know, nuts and bolts.
some some sort of mediation, right?
It wasn't mediation. It It's It's
literally people coming and saying,
"Hey, we want to get a divorce. You
know, we don't have a whole lot. Here's
what we do have, and here's how we'd
like to divide it up. And here's what
we've agreed to, you know, Mom or Dad
will have primary custody of the kids."
Um and from there, we would just draft
up the documents. So, we were
essentially just a drafting service. Um
and we were able to process divorces,
and I think that's how I started my
career, simply because it didn't exist
at the time. There was really no such
thing as an online divorce, besides for
these kind of do-it-yourself services,
where they would send you the paperwork.
So, we actually offered
an uncontested divorce at a fixed fee.
Now, years later, I still do that. I
actually have that as a
separate side of my business, which is
kind of automated as well.
still working, it's still
It still works for a a vast majority of
people. But unfortunately, not here.
Well, so I'm going to get to that. So
that So my business kind of evolved and
after I guess the years of doing this, I
and where I was doing at at one point I
was doing more I was filing more
divorces in New York State than any
other law firm in the state of New York.
Yeah. With the uncontested divorce cuz
it was a unique thing and
we created this this platform where
people could come on and really see
seamlessly start a divorce process. A
lot of it was automated. Um we used a
lot of technology to kind of speed up
the process, automate the document
assembly, all that, the filings, and all
that. Um so it that platform was
actually
pretty successful early on and then all
of a sudden there was like a lot of
copycats people came into the business,
people started doing. But what I did
realize is that
you know, about 20% of my cases were
becoming contested because at the end of
the day people may start the divorce
thinking they could do this amicably and
then when push comes to shove, you know,
things don't quite work out that well
and they they have issues, issues arise,
one party's not agreeing and you know,
next thing you know, they're in
conflict. So in initially, I wasn't
really taking those cases, but then I
realized that was a huge part of my
business and so
over the last 10 years, we ramped up and
we became a you know, a full litigation
law firm
um and we deal with high-end I mean, we
have clients worth, you know, $100
million and we have clients worth, you
know, $100,000. Um and it really doesn't
make a difference. The idea, the divorce
itself is really the same for everybody.
You may have more complex issues, you
may have businesses to deal with.
Um you may have complex custody cases,
but the
what takes place in a divorce really is
the same, you know, across the board. It
doesn't make a difference if you're in
the from community or if you're in the
non-Jewish community. Most of my clients
are not Jewish, but in Rockland County,
we do live in a bit of, like I said, a
bubble because
the issues that the firm community deals
with are typically very different than
what the non-Jewish community will deal
with. And there's a lot of kind of it
really comes down to very specific
issues that you see recurring. Um
but eventually my firm my practice, you
know, evolved into a litigation law
firm. And we still do we do And part of
it is we do a lot of prenuptial
agreements. That's a big part of our
business. Um in fact, we have a a
website. It's called getaprenup.com,
right? Which Which is just focuses on
prenups. Um Which prenups are only
happening in the uh secular world,
correct?
No. Um in in the last, well, I think
it's a whole other topic, but in the
last I I would say in the last 5 years,
prenups blew up. I mean, I I was
watching And and essentially, you know,
as an attorney, you kind of have your
finger on the pulse of what people are
demanding and what people want. Um and
so prenups became almost universal at
this point. Now, there's there's a lot
of different types of prenups. So, in
the firm community, there's a Halakhic
prenup. There's different issues that we
could we could talk about, but but the
the concept of a prenup, you know, used
to be more taboo. People used to look at
it and frown and say, "Oh, that's not
for me. It's not romantic."
because it it's just you're going into
the marriage or with a with an exit
plan. Is that what it is?
That's what people think. But
there is a different view on it? Because
if a a woman would think, you know, what
what about love? What about just just
just let it go and we'll see what
happens. I mean, this is the there's
something of a risk that you uh you
know, that you jump in.
like it's not romantic, right?
Yeah. Yeah. Um I would argue it's just
the opposite. I would argue that what it
does is is it's kind of a a
it's a conversation that you have to
have with your fiance,
Right. right?
An intelligent conversation.
conversation, a mature conversation.
Says, "Look, if we go through a divorce,
I don't want to be in a a with you,
right? I don't want to be in a battle.
Not
not
Not ever, right? But I But, you know,
everyone's in love when they're when
when they're preparing their prenup, one
of the things I mean, for the most part,
I mean, I've seen some some
some, you know, relationships completely
fall apart during the prenup negotiation
process.
Like yeah.
Yeah, that happens, believe it or not,
cuz you kind of see people's true
colors. You see if people are greedy,
you know, how they feel about the
relationship. Is it just about money?
What exactly
a good thing because stuff come out. It
is an amazing thing because people start
seeing you know You red flags. 100%.
Which you didn't see through the whole
dating process. You may not have,
because, you know, the dating process,
and again, we all we've all gone through
it. The dating process, you're kind of
in la-la land, right? It's you're in
love, everything is is everything is
wonderful.
Exactly.
Um, and I think that when you kind of
get down to brass tacks, you know, when
people talk about money, you kind of get
a sense of whether their what where
their heads at.
Personality, yeah.
Their personality, what's important to
them, what their priorities are. Um, but
again, I would argue that the prenup
really is
a great way to avoid and to tell to tell
your fiance, "Look, I want to make sure
that you're protected. I want to make
sure that I provide for you so you have
an opportunity to say, 'Hey, in the
event we go through a divorce, here's
what I'm going to provide for you,
right?'" You kind of have transparency,
you know what you're getting into,
uh, and we can avoid the battle because
the couples that have prenups
the vast majority of the time are going
to avoid
you know, the you know, the the 200 200
300 thousand dollar divorces you hear
about, right? that people spend three,
four years on. Um, you're going to avoid
that because all of those issues would
have been decided in advance. And the
courts will generally follow whatever
the terms of the parties contracted.
Now, the children and custody is also
part of the prenup. This is before
children. Right. So this is this is not
a discussion.
Now, you can't Yeah, you technically
can't discuss children.
So then custody
could blow up in your face even though
you have a prenup. Right. So that that
is the case. That's true. You know,
That's where you come in. Well, look,
I'm I'm I'm not going to say that if a
pre-nup is foolproof. So, I you know, it
it it will protect you to some extent. I
mean, listen, I'll give you an example,
right? A lot of people not this does not
so much reflect the the firm community,
but a lot of people, for example, in the
non-Jewish community, they get married
much later, right? So, they're not
getting married in their 20s. Right. Off
you know, you think about kids getting
married 21, they think like, "What do I
have? What's you know, what I have to
protect?" Right? And so, you're not
really thinking that far ahead. But,
let's say you're getting married and
you're 30 years old, right? You built up
a business, you have a successful
business, you put a lot into it.
People look at it and they're like, you
know, the chances of my marriage failing
is 50% or more, right? In the firm
community, maybe not. It is a sad
reflection of of where we're at, but
that's the truth, right? And so, do I
want my business to be put under the
magnifying glass? Do I want to have to
drag all my private affairs through the
court, you know, in in the event of a
divorce? And so, a pre-nup does protect
you, especially if you're later if
you're more advanced in life and you
have a career, you've built up some
assets, you know, you have what to
protect. Sometimes people are in a
second marriage, third marriage, they
have children from other relationships.
So, a pre-nup is a really important tool
that
I I advocate for, not just because it's
a service that I'm selling, but because
it gives you the transparency of
knowing, you know, what Here's the game.
Here's the Here's the game plan of what
happens in the event of a divorce.
Right. And here's how we intend to
interact with each other in the event of
a divorce. Here's what I'm giving you.
Here's what my expectations are. Here's
what your expectations are, right? And
you put everything out there on the
table
and you know,
it unfortunately
it does happen and in the event of a
divorce, you look to that agreement. And
for the most part, at least you can
avoid that conflict. And what you see is
that the women who
are mature about it like let's say a
30-year-old that comes in and has what
you just described, you know, he has
kids from previous marriage and this and
that. Do you see that they are like um,
you know, they understand the
They accept the process.
I can't, you know, I can't speak for all
of them. There are some women that are
in it for the right reasons. And, you
know, look,
nowadays it's not just the men that are
making the money. You have a lot of
situations where the women are coming in
with a lot of money. I mean,
you know, I had one client and I was
talking to her. It was She called for a
pre-nup. And I kind of was dismissive of
her cuz I didn't, you know, the
background she came from. And then I
find out, for example, she has She has
some sort of line of hair care products,
right?
And I'm thinking, all right. I thought,
you know, she's a entrepreneur, she's
making it. Turns out her company's worth
$75 million. I looked her up. I'm like,
all right. Within 3 4 years she built up
this huge company. It was worth $75
million.
And, um, this was just last year. And
this is she that wanted a pre-nup.
She She wanted a pre-nup. She was
getting married to a guy. The guy
himself was
was not too shabby. He's pretty success
I mean, he wasn't making crazy amounts,
but he was making a close to $200,000 a
year, right? Um, he was self-sufficient.
Uh, but she wanted a pre-nup. Now, turns
out she got divorced. She contacted us,
I think, not even 6 months later. This
guy was cheating on her. It's a non
non-Jewish couple. Yeah. The guy was
cheating on her. I think after Yeah.
disclaimers. Um, he was cheating on her
and she discovered it really on. She was
obviously very kind of, um, shook up cuz
it was so soon after the wedding. And,
um, luckily she had a pre-nup and she
avoided a huge catastrophe because her
business was
She was, I think, in the process of
selling this business. And it would have
been a huge hit to her.
He would have been entitled to 50%,
correct?
So, so there are rules of how how it
works in a divorce, right? So, if if the
question is is how how do things get
divided in divorce? Right.
The short answer is is that
if you own something prior to the
marriage, right? It's sort of protected,
right? If you have something called
with, yeah. If you own it, right,
premarital. The problem is is if you
have a business, let's say, and you've
built that business up over, you know, a
couple of years. You've invested in it,
we call it, you know, sweat equity
during the marriage. The problem is is
that your spouse could be entitled to
the equity that, you know, the the
appreciation in value of that company.
And the same thing applies to a lot of
different things. So, yes, in theory, if
you had a
I don't know, an account that you had in
and you kept it completely separate
throughout the marriage,
you're not going to have to share that.
The problem is that people are you're
commingling your assets, you know,
you're adding, you're buying things with
it. It's impossible to trace back what's
separate and what's not. So, a pre-nup
gives you those protections. Without a
pre-nup, you're kind of susceptible to a
court having to either
you have to prove what's separate and
what's not, or it becomes marital just
by by default. So,
pre-nups do offer that protection. Um,
in a divorce, the courts, you know, most
of what we do as attorneys, really, I
would say about 80% of the work that we
do is is the finances of it, the
forensics of a divorce. And what that is
is figuring out what's marital, what's
not, you know.
Um,
the when a couple comes to me for a
divorce, the first thing we say is, you
know,
is we're going to have to start
gathering your financial information.
And we prepare something called a
statement of net worth, which is kind of
like a balance sheet. You know, it it it
has all the finances. And it The idea is
for us to get a a financial picture of
what you're worth, what your what your
assets look like, what your income looks
like, and what your debt looks like. And
the same thing for the other side. And
then we figure out how to equalize it.
So, that's really 80% of what we do. And
we fight over these things, what's
what's marital, what's not marital,
whether you dissipated money, did you
spend money on an affair, did you spend
money on gambling? I mean, I deal with
that a lot. I mean, like just a couple
of weeks ago we were dealing with the
subpoena in casinos because one of the
guys was gambling, you know, a
significant amount. Um, and so, these
are the types of things we deal with as
attorneys, and our job is to sort
through it. That's really what we do.
Yeah.
Now, can you explain, since we're on the
topic of the pre-nups, what is an
halachic pre-nup? I mean, there's a lot
of talk about it and there's also it's a
huge issue in in agunahs and and with
with with divorces that there are men
who don't want to give a get to the to
the wives or for money. It became like a
piece of real estate now. It's like
accepted that that they want money for a
get and there's the other way around
too. The sometimes the the wife doesn't
want to take a get. So, you're you're a
little bit familiar with halachic
prenups? Sure.
Well, I think the halachic prenup
evolved
I I I I I I'm not 100% sure. I think it
was the RCA
that that essent that initially put that
out.
And the halachic prenup evolved because
of a problem that we were experiencing
in the firm community and that was that
men weren't willing to give a get and it
was becoming more and more of a of a
leverage it was being leveraged or the
get was being leveraged to get whatever
it is they want. I mean, in some cases
men felt that they were being treated
badly, they weren't having given access
to their kids, they were being excluded
from the marital residence.
I mean, they they arguably a lot of men
had legitimate reasons to be upset
because of how
But but but is this a tool that you feel
that a that a person can use so because
the only the only reason why they have
the power of not giving a get is because
the Torah gave him the power.
So, what you're using is the Torah to As
a weapon, basically. as a weapon. So, so
let's say if he has you know, he's
saying that the woman is not right. You
know, she's alienating him from the kids
and stuff like that. What is that a
reason enough to say, you know, what?
Just because I'm born on this side and
the Torah gave me
the Torah gave me the right, I'm going
to fix you.
No, I I 100%. Look, I I I always start a
conversation whether I'm representing
the husband or the wife in the
community. I don't think that men should
use the get as leverage and I don't
think women should use children as
leverage. I think everyone uses in in
the context of a high conflict
situation, naturally everyone's going to
use what they have at their disposal.
And
They They also bring out the worst in
each other, right?
Right. And And I think that men, if they
if they feel that the world's against
them, they have nothing else, they have
no control over the situation, they're
going to use the get because that's all
they have, right? And that's their
leverage. And women will use the
children because historically and
statistically the courts will would
typically give custody or to the women.
And they would There was almost a
default that it was expected that the
mom would
would get the kids and would have
control over the kids.
Yeah.
You know, so yes, it it it was used. The
halachic pre-nup,
as a result of as as a consequence of
that, the halachic pre-nup was kind of
like a
um
uh an innovation that basically all it
is is an agreement that says that you
sign prior to your marriage. And it says
that in the event that one party seeks a
divorce, right? And the other party
refuses, there's a civil penalty, right?
Because the problem is is how do you
enforce a get? A get is
you know, there's a there's a separation
of church and state, which means that
the law can't
It has have zero to do with the get,
yeah.
Right. They can't entertain, you know,
halachic issues. So, how do you deal
with that and counter that? So, you
know, there's a lot of things that that
New York State has come up with. There's
get laws, things like that, and I'll
explain that if you want later, but
um but the halachic pre-nup really just
says, "If you don't give me the get,
then I can impose or I can enforce uh
civil penalties on you where you have to
pay a fine a monetary fine. It could be
you know, I've seen it $150, $250 a day
for every day that you're not giving the
get, right? And the idea is if you put
enough financial pressure on the guy,
things will happen. Right. Now, the
problem is is that in the frum
community, you don't really In the
heimisha community, you know, you don't
really see people signing these
agreements. That's the problem.
That's one, but but I look at the Is it
a forged get? Or if you signed it from
before, at that point you you believe
that this is a good idea. So, so so
where's that look at Now, who is
That's you have
to ask that you're going to have to ask
the rabbi.
A rabbi, right?
Which rabbis are with this and then I'm
There's Listen, the the RCA is
affiliated with YU and they're, you
know, and and and often times it's oddly
and not oddly, but ironically, the
people that are likely to sign halachic
prenups are typically not the ones that
Ones they are not going to get again.
going to Right, they're not going to
even be an issue or even a get, right?
There's no way they will be. Yeah, and
and and I've It's funny because I've
dealt with you know, often times when I
when I prepare a prenup for the someone
in the firm community, you know, it'll
be suggested either by me or the other
attorney that they sign a halachic
prenup.
And I've gotten a lot of resistance.
Like, "I'm not signing that. That's like
a Why Why would I sign that?" And you
know, even the women don't expect that
it'd be signed. But I mean, I would tell
you this, if I was marrying off my
daughter tomorrow,
I would want that. And And not because
not because I think anything bad It's
just why would you not want Why would
you want to put your daughter through
what I see other people going through?
And I've dealt with some of the most
notorious horror stories.
notorious guys notorious get refusers in
the community. And these are people who
are You talk I think you mentioned it
about narcissism. I mean, these are
people with real real narcissistic
personalities where
to the point where they I mean, they
can't even see that there's something
wrong
Correct. And the man It doesn't make a
difference how much humiliation or
pressure or I mean, the world could be
coming down on them. They don't care.
They just have no interest back. They
They just don't see.
They are They see themselves. That's all
they see.
vision. Exactly. So, so the issue is is
that, you know, often times the people
that are the what we call the get
refusers,
Yeah. it comes with psychological
issues. These are not usually your very
sane people. I mean, I've seen a lot of
cases where the legal system bears down
on them through a lot of remedies that
we have. I mean, they they can impose
support a crazy support obligation.
There are judges in Brooklyn and in
Rockland County that have done taken
steps to actively combat that. Yeah. Um
and the only thing they can do within
the confines of the law is really just
impose can't force a guy to give a get,
right? But they can impose severe, you
know, penalties like
heavy support, things like that. Problem
is if a guy is
penniless, he's judgment
Penniless and worries those has no
business
they thrown I've seen cases where they
thrown guy they've thrown him in jail.
The guy's sitting in jail. There's a guy
here from Muncie, you know, that that
For on what basis can they throw him in
jail?
Well, he wasn't paying child support
either, right? They gave him Again, they
hit him up with all these support
obligations.
Didn't pay it. They got him The judge
was already looking for for a reason to
Reason to put him in. But clearly again,
we're dealing with someone who's not
mentally well. Right. So, I think he sat
through his 6 months in jail. They let
him out. I mean, there was nothing in
And and he still hasn't given him a get.
hasn't given a get. It's not And it's at
some point it's not really about the
get. It's just It's It's It's about
them. They're not
They're not going to give a get under
any circumstance. And And so Those are
lost our
stories.
Yeah. And And that's so true. The The
prenups is is is just Even if it's a
a for a red flag, it is good. You know,
when you sit at the table and that
person is like, "No."
100%.
For the red flag itself
at the table and the guy the first
instinct is, "I'm not signing that,
right?" That tells you a lot.
And you read his mind. Like, what is
going on
in your mind? You always have to look at
it as if your daughter was getting
married to sky like and you and and and
as a father right? And again, I have a
daughter. You have a daughter that she's
older, you know, I met her a few minutes
ago.
And my daughter is 7 years old. I I look
at it as like, how would you What would
you What steps would you take to protect
your daughter from going through that
nightmare? And And it's a simple Again,
this is not I don't look at this is not
a some draconian, um, you know,
punishment. This is a very simple thing.
It says, "Hey, you know, I want my
freedom. You can't keep me locked up."
And I'm not This doesn't suggest it
doesn't make marriage, you know, very
kind of frivolous. Like, you know, you
can just get out of a marriage. And I
agree, there are people who argue,
"Well, what does this mean if if people
just want to get out of a marriage?" And
I agree. I think that there are some
people that look to get out of a
marriage too quickly and don't try, you
know, nowadays there's not like an
effort to try and
make it work, right? You know, and I
think that, you know, if there's abuse,
that's a different story. And that's the
first thing I say. If there's abuse,
there's really physical abuse, emotional
abuse, right?
Get out of the marriage, right? But,
often times it's not that. Often times
it's it's issues that can be resolved,
you know? And and those types of things
I do believe and I I've been there with
with clients and I've said, "Hey,
you know, I don't see so much daylight
between you guys, you know, maybe you
guys want to take a step back and and
work on this marriage before you come to
my office cuz I don't really see
why you've gotten to this level or why
what And And we're not talking about
high conflict cases, we're talking about
cases where people just decided and it
seems to you that they
so sometimes you make shalom bayis also?
Sometimes. Sometimes. Yeah, I've I've
been there with couples who are so nice
to each other during like the Yeah.
consultation. And and I would you know,
I'd be like, "Hey, you sure you guys
want to get a divorce?" You sure you
can't make it work?
Right, you know, sometimes and sometimes
and sometimes I feel like, you know, and
and we've had plenty of people in the
middle of the process they've decided
they wanted to reconcile and that's a
nice thing, you know? Right. Um you can
make if you could figure out like, "Hey,
you know, maybe we want to
take a step back and try and rethink
this."
And where does spirituality come in? So,
let's say if if a person if two people
are together and they, you know, they
have a strong belief system, you know,
everything is meant to be and Hashem and
this and that. You see that in between
the from world like when it comes to
divorces?
I would love to say that I see
spirituality when it comes to these
divorces, but
it's
I mean, I've done divorces for rabbaim
and people who are, you know, khashuve
people in the community and people who
are
I mean,
when I was I was a point in my career
early on that I would work with a local
Beznir Hasidic Beznir.
Mhm. And they would basically have me on
speed dial for like these crazy, you
know, cases.
Have to sometimes come in the middle of
the night because it was a pressure
cooker and they finally got the get,
right?
Oh, like now, like Friday before this
morning.
It was always at some crazy time at
night and it would be I get a call. I'm
not going to mention the rabbi's name. I
he's he's I don't think he's in this
business anymore, but he used to do
volume like in in the Hasidic community
he was a go-to guy that comes in, right?
And, you know, he would come I would
come in it was like an entire operation.
I mean, I'd come in sometimes there'd be
bags of money on the table. It was like
it was pressure cooker, right? Um and I
would come in just to quickly do the
civil divorce and because we had a I had
to like this was part of the settlement.
It was part of what I did. You know, I
would just come in and I would get and I
literally had almost nothing to do with
the negotiations. I would just come in
and they would give me all the terms and
my job was to draft everything and make
sure everyone signed and and just get
out. Um and this is early in my career
and I could this guy this this this rov
was giving me a lot of business and I
would come into this
you know, the problem with this is that
it was kind of a scam, right? And I I
have to be real about about this and it
was kind of a scam. He would pressure
both sides. He would go from room to
room.
You may say he was brilliant, but I you
know, I saw it for what it was.
arms on both sides.
but it but it was but oftentimes in the
name of just getting the get, he would
make all sorts of promises. Yeah, yeah,
don't worry about this. Don't worry
about You know what would happen is
a couple weeks after this, you know,
it hit the fan, right? Everything was
just started falling apart. Everything
that they that the rabbi had promised.
Nothing was working out. And they would
go they would be back in court, right?
And in And oftentimes in the Hasidic
community a lot of the getting that I
did were people that you had, you know,
one of them was going off the derech and
one of them wanted to be Hasidic, right?
One of them could have been the mom. It
could have been the right.
All walks of I can tell you stories.
Some of them are people that are very
famous now in the in in the in the world
because of they've they've gone out and
they're now part of like culture.
yeah. Um one of them one of the these
divorces similar that I handled also in
this same vein went out and there's a
Netflix special about it, right?
Um so all these people had unique
backgrounds and oftentimes these are
people who one of them was in a
different spiritual place if you will
than the other, right? And one person
wanted to wanted to go completely off
secular, one didn't, and
you know, in in the from community when
one party wants to go after
wants to leave the firm world
they go after them hard, right? The
entire community bears down on them
and it's very hard to fight the system.
Um and so oftentimes, you know, the the
party that wants to leave, whether it's
the husband or the wife, they
are subject to a lot of
I mean, it's a nightmare for them. And
they they will have a uphill battle.
They lose their They lose custody of
their kids. They lose, you know,
They lose rights to And they they lose
it in through through court? Like
sometimes?
could start in Basden and then evolve
into court.
How does the judge look at this when it
comes to different levels of religion?
So
you know, one of the things that the
courts will typically do is they look at
the lifestyle that the kid was grown up
in. And so
you know, most of the judges are not
religious, you know, Jewish judges
they're not religious. Some of them are
not even Jewish, right? But their job is
to look at the lifestyle that the kids
grew up in. So the kids grew up in
Hasidic and they grew up in let's say in
New Square, right?
Um
They're for the most part and and New
Square has a machinery behind them. They
will spend a lot of money to protect the
the kids and all that and they will
exile the other parent, right?
Right. Um so if you're going up against
them and they also I hate to say it,
they have a lot of the judges in their
pocket because when these judges come up
for re-election
votes They have block votes so the
judges are are are very mindful. They're
not going to cross, you know." So, they
know what the community pressure is,
right? And um and so, what ends up
happening is is that these people have
an uphill battle, and very often if
let's say it's the father that is
remaining Hasidic and the mother's going
out,
Right. mother's going to have very
limited access, right? And if she's not
showing her Shabbos, things like that,
it's, you know, she's
less and less. Right. And and so, the
courts are going to be for the most
part, they're going to maintain what the
kids the lifestyle the kids were, and
they're going to maintain them in these
shivas, things like that. Now, if both
parents go off the derech, all right,
you know, you know, no problem. You have
them they Yeah. they're not much of an
issue there, but it is a common issue it
is a common problem in these um in in
the Hasidic world, I see that a lot.
Like, we have one one a couple getting a
divorce, one wants to remain Hasidic,
and the other wants to go off.
you think happens to these kids?
Are they are they You see, my question
is because I I spoke to a counselor who
was doing you know, blended families and
second marriages and stuff like that.
And he was telling me that
you're not winning the game.
Let's say, if you even if you try to to
to hold the kids where you are, if
you're more Hasidic, and or she, whoever
wins,
they still have access to the parents,
and the parents one side, you know, one
parent is going to expose them to
certain things.
So, It's a big problem.
What do you see at the end of the result
is is
is winning are you winning the battle?
Are you winning the war? What what's
going on?
It's it's funny cuz I was in court
today,
and this was we're kind of wrapping up a
divorce that took 2 years. And this is a
a speech that I've heard many times, but
it's very true, and that is in the the
world of divorce, there there really is
no winning, right? Nobody wins, right?
The best you can expect is to be
somewhat just satisfied and survive,
right? Because everyone's giving up
something in a divorce. There's just no
such thing Very rarely is there a win.
Um and and it does happen, but very,
very rare. Right. In a divorce, your
family's taking a hit. Financially,
you're taking two households, they're
being torn apart. If you were struggling
before, you're going to be struggling
now because you now, you know, Right.
You now have to support two households,
right? Your kids are going to get hit
the hardest.
get affected the most, I think. All of
it, they're the ones who get affected
the most. Correct. So, so when you ask
me the question is this like how
I have seen some families when they get
a divorce where there is a healthy
relationship between the parents and
that's where the kids do well. Okay. And
there's a which is why an uncontested
divorce, if it can happen, is the best
thing for them because you put the kids
through, you know, a year or two of
torture through the courts. Often times,
you know, one of the things that that
happens in a divorce when custody is an
issue is they have to appoint an
attorney for the children. That attorney
is interacting with the kids so they're
seeing conflict. Then they have to get
forensics and they have to get
psychiatrist in there and all sorts of
people and the kids become pawns in this
process and they see the hostility and
it's
the worst thing you could do for the
kids is put your kids through two years
of a divorce proceeding where they see
mom and dad
venomous city
and animosity and the venom going there
and they are at at at the center of all
this. So, they they end up starting you
start seeing drug use, you start seeing
problems in school, you start seeing all
sorts of behavioral issues. That's the
one thing I see day in day out and it's
almost always when the parents can't
come to
kind of a civil terms on how to how to
end the marriage, right? If they're
going to be going at it, their kids are
going to suffer. So, you know, again,
the concept of spirituality is very hard
for me as an attorney to see in divorce.
It's You're seeing people at their
worst, right? You're really seeing
people at their worst.
I would say their worst. But but but let
me ask you a funny question.
You know, we as from from eating, we're
not supposed to go to court. Right.
the you know, it says uh
we have to go to the entire first.
Uh what if a couple from couple comes to
you and says, "We want to go to court
and cut out the whole entire thing.
Right. What do you do?
Um
here's the deal. Okay?
Every divorce has to go through court at
some point. If you're asking me whether
you want to have a case adjudicated,
right? Decided by a Bezdin in advance,
right? So, I mean, the answer to that is
is that a
I have yet to find
a Bezdin that will really
do a good job and give a fair shake. And
and again, it really also depends on
who's coming in who who I'm
representing. So,
if a couple comes in and I'm
representing the wife, right? So, here's
what I do know. If you go to Bezdin,
most of the local Bezdins, right? And
I'm talking about the Heimisher Bezdins
and we could talk about, let's say, the
RCA a little differently cuz they're
more professionally run. And there are
some Bezdins that are professionally run
where they have more of a legal side to
the to them. Um but if you're a woman in
the Heimisher community and you're
coming to a Bezdin, Right. I can tell
you a few things. You're going to get
custody of the kids almost always unless
you're going off the derech, Right.
right? Right. Um
but financially you're not going to do
well. You're going to get in. The
concept of support exists, but it's only
support for the kids. There's no such
concept of support. There really isn't a
concept of what we call equitable
distribution where, you know, you're
entitled to part of the finances.
you according to Halakha you're just
entitled for the Kesubah, right?
Kesubah and it's nothing, right? So, so
you're going to get I mean, the Hasidim
literally have it like broken down to
like, you know, if it's a rich couple if
it's a poor couple, they're maybe going
to get I don't know, $50 per kid per
week and if it's a rich couple, it'd be
like, I don't know, 200 per kid per
week. They have a formula for how they
do things. It's not this isn't
necessarily
grounded I don't know if it's Halakha or
not. And again, I'm not a rabbi, so I
won't Disclaimer out there. I can't
speak for Halakha. Um but you're going
to come, you're going to get your toyin
and all that. At the end of the day,
unless you're going to let's say the
like I said, the RCA who runs things
very professionally and they also look
to apply common law. Right.
Um you're not really going to get a fair
shake as a
you're not going to get a fair shake as
a woman. So often times men are going to
want to go to Beis Din. Now often times
I also find that Beis Din is corrupt.
You don't know who you know, who they
know, who they're connected with. It's
very hard to really tell. I want to feel
that I want to say that there are again
that there's a lot of
very credible Rabbanim out there who I
trust. Again, I'm not going to mention
names across the board here just because
I right but but I will say that I've
been to Beis Din cases where like I'll
give you one example. This is a case in
Brooklyn.
I went to it was a Beis I I literally
stepped out to take a phone call. While
I stepped out they shoved a document in
front of my client and made her sign.
She didn't know any better. Made her
sign. It was an arbitration. Now
I would never had her sign that
agreement. They They had her It was
essentially an arbitration provision
where she was locked into non-binding to
sorry to binding arbitration.
And they snuck it while I I literally
went out for for 2 minutes to take a
phone call. They snuck it had her sign.
You knew it. You knew that you were
standing there watching it happen. So so
just to give you an idea of the low
cooperation and then I didn't know about
it until
we went to the Beis Din we said listen
I'm not I
I came there just to do this as a
mediation and I said you know this is
this is not going to work out. I left
and and then a couple of weeks later
they tried to enter a decision with an
arbitration and I said where did this
come from? Anyway, I had to make a
motion to get the whole thing set aside
but the idea is is there is corrupt
there's corrupt out there.
Um there's a lot of shenanigans and your
shake as a woman is not going to be
you're not going to have a great shake
at getting what you're entitled to. So
it's very hard for me to recommend if
someone's coming in. How do I recommend
Beis Din even though I understand that
logically that's what you're supposed to
do.
In today's day and age it's not going to
cut it if they're coming from a wealthy
family and they're used to certain
lifestyle they're going to get very
little. Right. So I don't know I I I
don't know how to get around that.
I hear what you're saying. I hear I I
hear what you're saying. I want to start
from the beginning. So let's say there
is a couple or
two people who live together for a
while, and
things start shaking, you know, so the
stuff is you know, they're starting to
have some kind of problems. Right.
So, in the from community,
or tell me how it is in the other
communities that you know, the first
thing
is you go to your local rabbi.
They have an issue, and the parents tell
them go to the rabbi from the shul, you
know, whatever, your local rabbi.
I'm like I got to tell you there's a
story. I don't know if you heard that
this weekend, but there was a
Heimish guy from Borough Park, 55 years
old, who committed suicide. Did you hear
the story?
Is this a couple weeks ago?
no, just now.
Just this week?
Yeah, it was in here in Bear Mountain
Bridge. I didn't hear of that. Yeah, he
just jumped right over the bridge.
Terrible story.
What's the back story? The back story is
a divorce, some kind of divorce or
separation. I don't know what happened,
but what's funny is why I'm saying this
is that um
he sent out messages to everybody,
to his wife, to his mother, to his
father, to his kids.
It's heartbreaking, heartbreaking just
to read the couple of words that he's
writing. But the one thing that
I almost fell off the chair is that
there was a rabbi, which I'm not going
to say a name, in Borough Park,
that he was like saying,
"Job well done.
You you you had a serious influence on
my kids." He was He was like the the
rabbi who
was telling the kids to alienate the
father. So, he was writing it out. He
was saying, "For you to
let my kids ignore me and treat me like
I don't exist, and uh
job well done." He was saying.
Wow.
Just to read that. So, now I don't know
this
I mean again, I I obviously I don't know
the back story, but
I'm sure this rabbi has a lot on his
conscience right now. That's terrible.
Or he he he you know, he Clearly Clearly
we're He's with someone that has
to mental illness. Yeah, so it's funny
that he wrote in one of his posts that
this is not a mental illness. This is
something much deeper, much darker. It's
right. And I made a lot of mistakes in
my life. So, he's telling his father
that he didn't live up to his
expectations. He's telling his wife,
"You're the love of my life. I'm sorry I
couldn't be your partner." It's like
heartbreaking stuff.
obviously deep-rooted issues.
There's deeper deeper stuff over there.
And he tells the little kid, "I know you
needed a father and I wanted to be there
and I'm sorry I'm not going to be there
for you." Crazy stuff. Yeah. But to
write out a name of a rabbi, famous
rabbi that everybody knows him in
Brooklyn.
He has a big following.
To to like tell it he You see, to me it
was important for him
to in public write that this rabbi had
such an influence on his kids or
whatever the case is.
So, the I'm looking at it these rovs
rabbis they're not professionals.
They're not.
You come to the shul because you down
there takes your side. He makes a
decision like he would do in his own
house with his own daughter.
And you're not moving get over to
professionals or you're not I mean So,
so I you know, listen I just want to say
in that vein
years ago when I was very young I went
through a divorce, right? Getting
personal here I guess, right? I went
through divorce. I'm only bringing this
story up because
your attorney?
I you know what?
I was I think I was in the middle of law
school at the time.
It was a very friendly divorce me and my
ex. It was very friendly. We had I had a
son. He was at the time he was 3 years
old. You know, we agreed that we were
going to share him 50/50 and we did. Um
there was really very little to fight
about. I didn't have money at the time.
nothing to fight about.
nothing to fight about and we agreed and
I basically prepared an uncontested
divorce and I did it myself and that was
that. And we and for
for the most part, you know, my ex and I
we got along through the years and our I
I would like to say that as a result of
that our son who's now 21 and I know
him. You know? Okay. All right. So, he's
so he's very he's very well adjusted. He
did very very well and he's he's a he's
an amazing kid. An amazing amazing kid.
And I'm not taking credit for him.
It's something to be proud of. You and
your ex are Me, my ex, my current wife.
We all we It takes a village as they
say, right? When I had my son's bar
mitzvah, he said that was his speech. He
said, "It takes a village." Um and and
and and yes, having and I'm not I'm not
slapping myself on the back and saying,
you know, job well done. I'm just saying
it takes a lot to try and keep it and
I'm not saying there wasn't some bumps
along the road.
But if you can, your kids will be better
for it. The reason I'm saying this is
when I when I when I went to my you
know, my father is a very very very firm
man and he follows the law
and
he always he always, you know, always
says, "What does that Torah say?" Right?
So, when I was going through the
divorce, he took me to some rub here in
Monsey. He looked at he said it was a
big guy. Um
and he I remember having conversation. I
never met this rub before. You know,
he's sitting there and he's I I think I
was interrupting him in the middle of
his learning. And he said to me, he
said, "Ah ah." He said, "Guys, he's like
tell me about the situation." So, I told
him I said, "My question is I want I
really would like to have my son 50% of
the time. I feel like I'm very connected
with him. I I felt like the relationship
was really important to me. And I didn't
want to just be, you know, this weekend
father who saw the kids every every
every other week. Like a lot like like
like was a lot of the the cases that I
was dealing with, right? And he said to
me, he's like, "No." He's like, "You
need to make sure that you make time
to eat and for Torah.
You have to make sure that you have a
nasha, this and that and you find
yourself another zivug." Take care of
yourself.
But that's how he This is what he told
me. He was telling me essentially that I
shouldn't take my son 50% of the time.
He said I should have my son every other
Shabbos.
And I said, "But I'm very close with my
son." And I said, "I feel like A, he's
going to miss out and B, like I feel
like the relationship is going to be
different because of that." I said, He's
like, "No." He's like, "100% only every
other Shabbos." he told me. And I was I
walked out and I was very turned off
from the whole experience.
Because you It's not what you want. I
mean, it's not what you thought. You're
you're you're you didn't feel it. Yeah,
this guy didn't know me. I mean, he just
knew me for 5 minutes and he's already
he's dictating
your relationship with your child is,
yeah.
the realization I had is is that, you
know, dots are good for
certain things. And maybe there are some
rabbonim out there that have, you know,
they're very introspective and they have
the insight that can really understand
the human dynamic and all that.
But if I would have listened to that
rav, I would have had my son every the
relationship I had and maybe my son
would not have grown up there. And I And
one of the things that I at the time
that I I had an aunt that was like a
more of like a philosopher, you know,
she wasn't religious, but she she passed
away recently, but she she was my great
aunt, really. And she she basically said
to me, "You know, I did all the research
for you. I looked up He said and and the
statistics show that when a father is
consistently in a kid's life, especially
for boys, right, their chances of
succeeding in life are infinitely
higher, right? And the the they did all
the studies and all that and father
a child growing up without a father
consistently, right? Cuz when I say
consistently means, you know, not a
father that shows up some days yes, some
days not. Like shows up regularly, is
part of the kid's life, and is not just
there, you know, sporadically. Those
kids will succeed in school, they're
likely to stay off drugs, they're likely
to
you know, to be better students, they're
likely to be better better partners
later in life and things like that. So,
all those things are important. And I
mean, I have to say that looking at And
again, this is just as a test case,
looking at my son He he he turned out
okay. And I'm not saying he didn't
struggle with the divorce, but at the
same time, he you know, he was able to
just cuz we had a regular relationship,
even though it wasn't every day. You
know, I loved him, he knew that his
mother loved him, he knew that my my
current wife loved him. He knew that he
had a lot of love in his in in his, you
know, in his environment. And And it
wasn't like, you know, we were we were
just seeing each other every couple of
weeks. Mhm.
So, the rabbonim that step into this
have a big achrayus, right? You know,
they have to really
if they're about to dispense advice
that's going to change someone's life.
And what you're talking about, you have
to really have some background.
It's not so simple, yeah. Playing with
people's lives. 100%. So, you know, this
story that you're telling me, again,
there's a lot of a lot more to it,
clearly.
Um and I'm not faulting this above
anything. I'm sure he did the best he
could. But, you know, it does it does
show you how rabbonim can have a major
impact, especially in the Hamish
community, where they take their word so
seriously.
It's something that has to be really
closely guarded. Um
you know, just my just my insight. Oh,
yeah, yeah. It's it's it's unbelievable.
But, let me ask you a question. If
someone is married to a narcissist or a
real
manipulator, a very toxic toxic person,
how should a person, you know,
go about it? Let's say Let's say if the
person says, you know, this is abuse and
this is uh
This is not going to be an easy fight.
The person knows that this is not going
to be easy. So, how does a person like
that deal with with with with, you know,
You know, I
I think the problem is is that
people who are going through
I I'm not so sure that people realize
necessarily when they're dealing with a
narcissist, right? Um or the
narcissistic behavior or the nice
narcissistic tendencies. I don't think
they automatically realize it right
away. I think it's after years of living
with someone
you start to kind of formulate. It's
usually other people who are kind of
cluing you in to what's going on.
Because I think when you're in it, you
don't really know what you're
experiencing. As a matter of fact, the
the manipulation works so well that they
make you doubt yourself. And this is a
whole huge game. This is not a simple
game. This is is not so simple.
And these narcissists, generally, what's
what's what's wild about them is that
these are usually people who are very
charming outwardly, right?
And so, when they come to like an their
public persona is completely different
than their private persona and their
manipulation and the games they play.
So,
I mean,
look, I'm a big I'm a I'm a big advocate
that people should go and and get
therapy if necessary and again we're all
guilty we're all we're all kind of
guilty of not, you know, seeking help
when we need to seek help and and that's
the hardest part for people.
But a narcissist
will never go for help. They they they
don't believe in help. They they you
think you need help, you know? You know
what they say, the wrong people are
always in therapy. Well, so The people
who need to live with a narcissist are
in therapy. And so but I'm talking for
I'm talking to the people that are
living with a narcissist. They may need
a
you know, they may need a counselor or
guidance.
Right, and education.
Right, education so that they can
understand what they're dealing with
because they may not recognize the the
symptoms, you know? They may not
understand who they're dealing with.
Well, how does it work out how does it
uh work out in court? So, let's say if
they hire a lawyer, Yeah.
you represent the other side
and
there's no there's no reasoning over it.
By the time they get to court, it makes
very little difference why the marriage
fell apart.
Mhm. And the courts nowadays, you know,
I used to get calls he's cheating on me,
he's this, he's that. By the time you
get to court, the judges don't really
care what the backstory is. Mhm. You
know, they come there with a job of
dissolving the marriage and how we
dissolve the marriage
doesn't really take into account, you
know, what happened. Now,
there are you know, there is more of a
movement now where you know, they call
it coercive control things like that.
There is a movement now to
have that be a factor in a divorce
proceeding where if they court can if
you can bring evidence of coercive
control where someone was emotionally
abused because
physical abuse is something that's easy
to discern.
see it. Yeah.
It's there's there's signs of it. You
could you could provide evidence.
of it, right? This is something that uh
is happening in your bedroom that nobody
knows.
Yeah, and and and there's almost never
any way that you can adequately and the
courts are so overloaded. There's no any
way to adequately
bring this to light that it even makes a
difference. So, people the the problem
was is that the the legal system didn't
really account for coercive control or
manipulation. What you're talking about
all this kind of emotional abuse. There
was no way to account for it. And I deal
with this all the time. Clients coming
to me saying, "I spent years of
emotional abuse and I I was told I was
nothing. I was told I was worthless. I
was told that I couldn't I would that I
could never be this. I was that." And it
it's years of building up. Their
self-esteem is like over here. Um and
they they can't even get out of the
cycle because they're so dependent on
this narcissist.
Um and so the problem is is that they
just endure it and eventually something
comes to blows and usually
what will happen is it'll manifest
itself in some sort of physical abuse
that comes later on in life, right? And
that's the you know, the the straw that
that, you know,
Yeah. Yeah. that breaks the camel's
back. Yeah. Um
and then they'll wind up in court. But
unfortunately, the legal system if
you're counting on the legal system to
help you with that, the legal system is
not going to help you with that. There's
very little you could do. In a custody
battle, if you want to do forensics and
bring in like psychiatrists Right. So, I
was going to ask you, what is a a
psychiatric forensic evaluation? Which
means the way I understand it is that
sometimes these therapists or whatever
social workers will talk to these
people.
They want to get you to They want to see
if you're bashing the other person stuff
like that. So, Right.
they're looking for things that you
don't know that you're They're looking
for. They just ask you certain
questions, but really what they're
looking for is something else. And they
get a picture. I mean,
So, forensics really only comes into
play when you're dealing with a custody
battle.
Right. Right. So, they want to evaluate
which parent is is sane or something
like that. Well, you you want to make
Okay, so there's there's a few factors,
you know,
generally the courts they want to look
to When you're looking to determine who
the the party is, or the parent is,
who's going to have custody, primary
custody,
you know, the courts are guided by this
principle, which is called the best
interest of the child, right? Who is
going to provide for the best interest
of the child. Um usually who that is is
someone that is fostering a love,
fostering the relationship. If one
parent is bashing the other parent, one
parent is
um constantly alienating the other
parent. Alienation, what you were
talking about this case here, right?
Where you have like, you know, this
allegedly this rabbi, you know, was
alienating the the the kids from the
from the father.
What that basically is is a slow process
of
feeding into the kids' mind that the
kids bad. I mean, I've dealt with a lot
of divorces where and this more often
than not is the father that gets
alienated, where
the mother has a lot of influence over
the children.
And what she does is slowly but surely
build up a campaign against the father.
Now, you know, you could do so much if
it's fake, but what this she does is she
builds up on little things and you know,
and and gets the kids to
The kids believe that, because they want
to believe the fa- the mother, right?
They want to believe the mother, cuz
there's a trust there that the that that
inherently kids have and and that and
that, you know, in their mothers. And
when their mother speaks and it slowly
but surely they can alienate to the
point where I have some kids where you
can't even explain why they're not
talking to the father, but refuse to
talk to their father.
about, like you said before, if a father
his heart is there, and his heart is in
the right place, and he wants to have a
relationship with the kids, don't the
kids feel that? I mean, So so that
brings me to this to the second part,
which is more often than not,
if the mother's doing If the father's a
good guy, really is, cares about his
kids, and his kids see that,
you know, there's no you know, the the
the actions speak louder than words,
right? And at the end of the day,
there's no there's no amount of
manipulation that the mom can can go
through. It will slowly but slowly the
kids are smarter than that. Kids are
very perceptive and they're very in tune
with what's going on and they can pick
up and they know when when they feel one
party's being slighted or whatever it
is. So so at the end of the day
you're right, but the problem is is that
which brings you a whole other issue is
is you could have situations where and
this is one of the biggest tactics that
are used by attorneys and there's some
attorneys I mean I deal with this daily,
right?
The easiest thing you could do is if you
let's say going through a divorce and
some dirty attorney says, you know what
the best way is? Let's get him out of
the house, right? And nowadays
unfortunately it's very easy to get
someone through an order of protection.
You get him out of the house. As simple
as mom says he threatened me. Done. You
know what happens? Next thing you know
the police are there, he's being
arrested.
Arrested, yeah. Even if it's not true,
by the time you get through the family
court system to get this adjudicated and
to have a hearing on the issue of
whether there was a threat, whatever it
is,
it's three, four months out. In that
time there's an order of protection that
protects mom, protects the kids, can't
go dad can't go near the kids. You know
what? Kids don't see dad for four
months, right? That doesn't help. Yeah
and no that doesn't help. So now he's
become the bad guy. Mom's had four
months to convince him they don't get to
see anything from dad. So often times
this It's a hard
hard story.
It is a hard but this happens all the
time. The easiest thing to do
these police reports, you know, even
before the dad knows even or she there's
reports going in and nothing happens.
Yeah. After five, six reports you get an
arrest and you're like, oh my god
there's four some four reports over
there. This is this is evil. It is evil.
And so when I talk about you know you
one of the things that I talk about is
often times
these get refusers and I I was saying,
you know, initially like sometimes they
may may be justified in why they're
upset, right? And and often times what
you're seeing is is some of these guys
that become get refusers it starts out
with an order of protection. They're
they're they're essentially
you know, disenfranchised from the
house, they're they're restricted from
the house, They can't They can't go They
can't get their stuff. They They
literally have to be They're They're
exiled, right? And now this order
protection protects the mom, the kids,
but the system is so slow that it takes
forever. By the time the damage is
already done. They're already out of the
house, and by that time he they can't
get Even if you if you go through the
hearing and they dismiss this order
protection, you know what the problem
is? The divorce is already started. He's
been out of the house. At that point
you're not going to get back in the
house. Mhm. It's a problematic. So,
you know, and then it also sets the tone
for who's going to have custody cuz now
mom has the de facto custody. Now, I'm
not saying this happens by the way with
with I've seen this happen with men,
too. But, the vast majority of the times
it's a tool that attorneys will use for
women because the police are very likely
to believe the women when they call and
say, "Hey, this and this happened." If
the guy called and said she threatened
me, they would come, they'd try and work
it out. Police are not going to make an
arrest. It's not the same. So, there is
There is a bias when it comes to that
towards the women, and it unfortunately
it's a tool that's used in the firm
community, and it's very unfortunate
because it's the easiest thing to get.
You do not need to prove anything. You
just say he threatened me. I have one
case I'm dealing with now. Again, this
is not a Jewish couple. Um she
threatened that he raised his hand to
her, right? Like raised his hand. Didn't
Didn't threaten that he hit her, and she
felt threatened, right?
That's what she needs to say. raised his
hand. That's all she needs. Raised his
hand to her like this, right? So, you
know, and we sit there and this is where
five months out Judge The system is so
slow that we haven't even had a hearing
on it. Meanwhile, the guy had to find a
new apartment, you know, and and the kid
he had to fight for custody. We finally
got him access to the child. He has to
bring the child over to his new
apartment. But, these types of things
This type of manipulation, right? Can
really set the tone for what the what
the relationship is with the kids. So,
you know, when I talk about keeping a
health you know, in a healthy
relationship, a healthy divorce, and
obviously if people are suffering from
mental illness, this is not a
conversation they're going to have.
Different conversation. But, if you have
two
normal parents who want to go through a
divorce, there are ways to do it
to avoid all of this drama cuz they
think that they're winning. And sadly, I
have to say there's plenty of attorneys
that you'll hire and they'll spend a lot
of money on. Yeah. And they're going to
make you feel good cuz they're fighting
for you, but really what they're doing
is they're turning your life into a
nightmare.
Ruining your life and the kids.
ruining your kids' lives. They're
ruining every They're What they're doing
is creating a circus, right?
Yeah. And what you What you don't
realize is while you think they're
fighting for you, what they're doing is
they're muddying the waters. They're
making it impossible for you to move on
peacefully.
And before you know it, you're out
$100,000. You're depleting your
resources on legal fees. And And the
next thing is is that you lost the Both
sides are fighting over the kids. The
kids are are getting The kids are
suffering because of it. You're starting
to see problems in school. You're
starting to see behavior problems. Kids
are getting suspended from school. You
know, I'm dealing with some parents
right now where like the kids because of
what's going on in the divorce, kid
Schools kicking them out of because they
They're The kids are now They're Their
behavior's changed so dramatically.
They're fighting every day.
So, it's it's it's it's a It's a
nightmare. It's a nightmare, but it's
it's one thing leads to the next and
it's inevitable that if you go down that
route, you're going to wind up with your
family in shambles. Yeah. Unbelievable
stuff. And
when is a order of protection justified?
If If If someone is legitimately abusing
like physically
Absolutely.
emotionally Can you get an order of
protection for emotional abuse?
Unfortunately, not.
Not. So, they Not Not Not yet, but that
that's changing. They I think the laws
are going to change within the next year
or so
Right. where that will become a criminal
offense. Coercive control Coercive
control is hard to prove, but if you can
establish coercive control,
it will become
more of a crim- criminal nature if you
can establish that pattern. But right
now, unfortunately, you know, that type
of emotional behavior as long as unless
there's anything physical associated
with it. And the same thing is when
should somebody fight for sole custody?
If you're
Look,
You know,
often times in the relationship
together the parents are toxic, right?
Right. It doesn't always mean that
one-on-one, you know, either parent is
bad with the kids, right? So,
they may be a bad spouse, and you know,
you may feel they're a bad spouse, and
they may feel you're a bad spouse, and
all that. But,
they're good parents, right?
It's an interesting way to look at it
because when two people are fighting,
they're like they're painting with one
brush, but one stroke the whole person,
you know? And and and it's rarely the
case where the relationship indicates
the parenting, but every once in a while
you have some
toxic parents where what they're doing
with the
Or sexual abuse, and Okay, again. We're
not even talking about that.
there's sexual abuse, physical abuse,
absolutely sole custody. Okay, you don't
that Those are cases But, typically if
there's sexual abuse, and there's even
allegation of that, um
the parent that is being accused of
sexual abuse is going to have supervised
visitation. They're not even going to
have like the the access they're going
to have is going to be very limited.
It's going to be with someone there.
Right. Um The sad part is that there's
the shame that comes with this.
And some people just you know,
uh don't have the courage
to come out and you know, stand up for
this, you know? Are you talking about
the shame that comes with sexual abuse?
Yeah. Are you saying people that are
victims of sexual abuse?
Either victims or even the you know,
people are hiding. This this is such a
brings such a shame to to the family and
everything. It's it's I
Unfortunately, I I mean I I think that
there are people out there that don't
want don't get the help they need
because of the shame. I think that's
what you're saying, right? Um and then
they're not getting the help that they
need, and and that's that's true for I
mean, all of us up until
the modern times people were shamed to
go get therapy, right? Now, it's
That's true in the secular world as
well. Not anymore. I I they've I think
it's been normalized, you know, to the
extent where getting therapy is so
normal. There's apps for it. There's,
you know, they
celebrities are talking about it. Um
I think everyone to some extent needs
therapy cuz we're all struggling with
something. I know this show's called The
Struggle, but you know, we we all at the
end of the day, right? All of us as
humans, we struggle with something. Some
of us struggle with finances, some of us
struggle with relationships, some of us
struggle with their kids. Some of us are
struggling with just staying afloat in
life, right? It's hard. Life is hard. Um
and it's easy to forget that we're all
struggling with something. So, we all,
you know, need therapy to some extent.
Some of
We all need therapy. Everyone. And and
and therapy comes in many different
forms. I think it could be just someone
to talk to, right? Sometimes and and men
especially, I think men are the most
closed.
Men don't really talk to people, right?
So, and and you see that cuz sometimes
I'll I'll get people calling me and I'm
I'm just still handling a divorce, but
they they talk to me like I'm their
psychiatrist.
Sure. As a a lawyer should have to be a
a stickle psychiatrist.
bit. Yeah. What? Did they teach you this
in school? I didn't give you I they
don't give There's not a They should.
There's a lot of things they should
teach you
Yeah, because no, because you meeting
two new people, you have to figure this
out quickly. What is going on, you know?
So, I think over the years you kind of
figure it out. You have to as a lawyer,
you sometimes have to read between the
lines and be intuitive. And so, I do
play the role of a therapist. But
sometimes I mean, sometimes I'll tell
people like you're paying a lot of money
for me to spend on the phone. And if you
want to, I'm happy to listen.
But oftentimes I'm giving them just like
life advice. Like there are times like
we're talking about the prenups where I
said to someone
doesn't happen very often, but I step I
I I kind of cross the boundary and I'm
like, "Look, I've been dealing with this
negotiation and I have to tell you I
don't very very often do this, but I
don't think you should marry this
person. I I'm seeing the red flags all
over the place. What she's asking for
Wow. is so beyond the pale and the
things she's asking for tell me
everything I need to know about what
she's going to be like as a spouse." I
said, "Be careful with her."
You're opening up a can of worms here.
Yeah, but but you know, and and and they
can either listen or not, but and and
they may hate me for it, but it's I felt
like it's it's it's my responsibility to
give them a warning.
It's just your conscience. Right. I
There's I give a warning. But but you
know, to to your point, yes, every
everyone could use could benefit from
therapy, and the people that need it
most are usually afraid. I think men in
general are more proud and therefore
afraid to do it. It doesn't have to be
in the form of a therapist. I think
what the frum community needs to figure
out is how to make it more
available, you know? How do you make it
more available and normalize in the frum
community? So it becomes
remove the stigma.
Remove the stigma. You see though, the
influential people, like the rabbaim,
came and said, "Hey, I think this is a
great idea for you." So if everybody in
yeshiva like was told, like, "Hey,
Normalize it. take try this out. Have
Have someone to speak to you because
there's things that you are afraid to
tell your parents, there's things you're
afraid to tell your friends.
of times the parents don't even know the
children.
That's what they say. They say
are closed.
Yeah. And they tell you what they want
you to hear.
Yeah, and they want to make their
parents proud, and that's like, yeah.
And it's it's hard. And and same thing
with adults. We don't We're afraid We
want to keep our persona, you know, a
certain way. So it's it's, you know,
it's a very human thing to just keep be
guarded.
You need someone that you can let let
loose with and put, you know, let down
your guard and really have a an honest
conversation about how you feel. And and
it's it's cathartic, right? You do that.
And it doesn't happen very often. So So
talking about parents in the frum
community, what do you see
as far as parents being involved in the
divorces of their children,
positive and negative? Like, what is a
parent's What is the parent's job
to to their What role should they play
when something breaks out?
It's a tough question because a lot of
times the parents that are involved in a
divorce are usually the ones that
instigated the divorce. That's what I
tried to say.
But they mean well, they love the kids.
It's very complicated. I mean, they do
love the kids, but then you want to tell
me it's an ego, and they literally are
going to take home their children
because of and
they're fueling this fire. On the other
hand, what should a parent do? They
should sit side to side and just say
whatever you think is right and I'm
going to support. What is their job? So,
I mean, again, this is just my opinion,
but
I do see there are some overbearing
parents where you know that the parents
are the reason for the divorce and then
they're somehow involved in the divorce.
These are parents who are toxic, like
these are personality disorder parents.
They're totally
I don't
I don't have I don't think
I have the
you know, the qualifications to diagnose
what these parents are, but you
definitely see the writing on the wall
when you talk to some of the where the
parents are involved in every
conversation. They don't give their kids
any autonomy,
um which makes it hard for them
they express themselves what they're
saying. I mean, they're like running the
show 200%.
They haven't cut the umbilical cord.
They're They're very right and and you
can see why the marriage fell apart. Um
so, the parents
parents can be toxic for a relationship.
I think that the really good parents
that are kind of in the healthy
relationship
are the ones that know their boundaries
and they, you know, they they realize
their kids are not married. They help
them get set up. When the kids come to
them for help, they they make themselves
available.
support.
Exactly, but the ones that are
constantly interjecting into their kids'
lives, you know, the helicopter parents
that are, you know, where the kids are
in their 40s and they're still So, that
that that is a problem.
is a huge problem because
Listen, if parents see abuse, then
absolutely step in. If you see abuse
because oftentimes it's Also, that's
where the fine line is. There's a parent
that sits home and sees their daughter
or their son is something is not okay.
Right. So, they don't know when to say
to themselves, "One second, when am when
am I stepping in? I don't like what I
see. Or should I stay back and say, 'You
know what? Let them do it on their own,
you know, they're adult enough.'" It's
very complicated.
it's physical abuse, I think Oh,
physical abuse is clearly uh Emotional
abuse, I think again, my opinion, and I
I don't know if this is I I think what
the parents should do is guide them and
say, "Hey, listen, you should really
speak to someone." I don't think they
should be the ones to do it. They should
put people They should guide them and
get them into the right hands to someone
who was outside cuz one of the problems
is that
automatically parents are very
protective. So, they they often times
see things through a filtered lens. And
what may seem like abuse
is not necessarily abuse. It's just the
parents are seeing the relationship in
in their with their lens. Right. Right.
That's very smart. So, so what you're
saying is that the parents should help
them
build their own self-esteem. And that
you know, and they should get their own
education and knowledge of how to
navigate their own life. Well, that that
I think starts before the marriage as
well.
Yeah. Like with the with the The parents
should put them should guide It starts
by the chosson lessons, you know? But
Probably. Yeah, listen, you know, I I I
It happens to be that that you know, the
chosson lessons are very
Just a loch is, right? And what is It's
not about life.
It's almost like the most insignificant
things are that Before the marriage.
Right. They're
everybody. Well, they don't
days, you were like going two weeks uh
few days before the chosson. I mean, in
the chassidish world is also I mean, I
don't know if it evolves, but I think
that huge education is missing as far as
what is marriage. I mean, what is your
goal in life? And are you a You know,
there are givers, there are takers.
Understand the
zero zero knowledge. Two kids getting
married and like, "Oh, knock yourself
out."
seminaries and yeshivas
are talking about everything, but the
should should have that conver- Listen,
I've always said this, the yeshiva
should have that conversation.
Right. They should have about personal
finance. That can come into a marriage
not really knowing anything about They
should understand a little about
personal finance. And they should
understand like cuz you come in with
You're 21, 22 years old.
Don't know what things.
Nothing, right? And and you all You know
what we what we all do is we model it
off the relationship You never saw it,
right? You may not have seen the
greatest relationship, right?
So, it's hard to know what it is that
you're getting into when you get married
and you have to figure it out and I
think it's kind of unfair burden to put
on a 21-year-old or 22-year-old. Yeah,
it's it's it's crazy.
How about uh boundaries? When you have
to put down boundaries,
you want to put down firm boundaries
with an ex-spouse?
How do you navigate that right?
a that's a that's a that's a tough
question. I mean, listen,
from personal experience, I mean,
different people say different different
things. Um
you know,
having gone through a divorce myself,
like I I probably didn't really
understand where the boundaries were,
what I you know, what I should do what I
again, no one no one said to me, "Okay,
you're divorced now. Here's here's what
you should do. Here's what you should
do."
do. Do you go help out when you know,
your ex says, "I need help doing this
and this?" And you know, and it happens
to you when you get
remarried, you get a quick education
about like where the boundaries are
because your your new spouse will tell
you, "Hey, I don't This is unacceptable.
I don't think it's such a good idea that
you should be offering to take out her
trash, right? Yeah, yeah, yeah. So, you
know, and you have to kind of
find that middle ground, but
there is such a thing as having a good
relationship with your ex, especially if
you're you're raising a child. I don't
think that you should be in daily
contact or or like that. I think there
should be some limits. Um I mean, I
think the best thing that happened was
is you know, when our son was old enough
and I could kind of
um you know, just communicate with him
directly and there was very there was
less
there was less communication.
Yeah, and not because of not in a bad
way, just because
you know, if you're remarried, neither
spouse wants you still having regular,
you know, contact with with the other
spouse and it's not in a bad way again,
it's just it's just there should be some
sort of boundary there. Right. And how
do you manage clients' uh expectations?
So, let's say if your client says,
"You're not doing a good job.
I'm not I'm not I'm not happy with You
know, sometimes it happens they're so
upset and so nervous they spent so much
money and they want to run the court
system.
And the the attorney is like, "Listen, I
can do this. I can do that. I can try."
And they're like lashing out on the
attorney.
You You deal with this regularly,
especially as a divorce attorney,
because
A, you're dealing with, like I said,
with people at their at their worst,
right?
wit's end. Right, at their wit's end.
They're going through There's a There's
a lot of emotional stress, a lot of
financial stress.
But more than that, you know, the
problem is is that their expectations
about how justice works and how the
court system works and how and the
reality, right? Like, you can
a client can call me and say, "I really,
you know, this is unfair. I want to I I
You know, I want X, Y, and Z. She She or
he is not honoring the agreement. You
know, we said it."
Okay.
In order for me to do that, I got to
file a motion with the court. It's just
expensive, right? Then you got to submit
it to the court. You got to wait for the
court to to have a hearing on it, a
decision. The process is long. The
clients are like, "Why do I have to wait
this long? Why is there no
repercussions? Why is there" And I get
that often. And unfortunately,
the reality is is the court system is
not perfect. It's very slow, and results
are very slow. So, for divorce
attorneys, you know, the reason why a
divorce takes several years is because
the courts are so slow to move things
along.
Right. And getting results on anything
takes forever. So, clients get
frustrated, and you're their guide,
right? As their attorney, you're
basically their guide.
Right. They look to you. And if if
you're not delivering, and what they end
up doing is they say, "Okay, I'm going
to go to the next attorney." Next
attorney is going to have the same
issue, right? Except, you know what
happens is often times I've I've had
clients which are we call them red flag
clients. These are clients that have had
four attorneys before they get to you.
Right. I've seen people change attorneys
in the middle of the case.
It's because they think if they change
something Things are going to change.
Nothing's going to happen. Nothing's
changing. The reality is I'm going to
listen, sometimes if you have a bad
attorney and he's not getting anything
done or he or she's not getting anything
done,
absolutely
Which happens also. Yeah, I mean,
there's a lot of I deal with a lot of
ineffective attorneys. If you don't if
if they're not running a good practice
and they're just overwhelmed or or it is
and they can't get any anything
That does happen. How can a person know
who to hire? You know what I mean? Like
to get most often it's going to be
referral based, right? And you're going
to have someone that had a good
experience with you and whatever it is
and that's where most of my clients are
coming from is like they've either had a
good experience with someone there in
their circle has had a good experience
with us and they they refer us. And not
every case is going to have the same
outcome and also sometimes clients have
expectations that are just unrealistic,
right? You know, they have all sorts of
drug issues and they think that they're
going to be they want sole custody,
right? And they have all sorts of like
they have a whole history of, you know,
domestic abuse things like that. But
they in their mind they're the parent
that should have sole custody and
realistically
it's not going to fly, right? Um, you
know, and then also I have clients that
they come through the first thing they
say to me is, "How can I protect my
assets, right?" And the short answer is
you can't, right? There's nothing you
can if you're already if you don't have
a pre-nup you don't have anything ironed
out beforehand
you're going to divide things up, but
they think that there's something what
if I give them all my money to my
brother or if I put my money in a trust?
I'm like
they're not these these
expectations.
are not realistic expectations and they
they're they can get upset at you for
not achieving the result that they had
in their minds, right? So, the reality
is is the court system designed to be
fair
um and yes, there is not it's not
perfect. You're going to do your best as
an attorney to achieve those results and
you there's certain things that you can
expect if one spouse is not working and
they have no income you're going to file
a motion for support things like that
right away and you're going to get
certain things. It may not be exactly
what you want and they may say, "How am
I supposed to live off of this?" But the
reality is is I'm I'm limited by what
the system will allow. So, you know, it
is what it is, but
if you're doing a decent job most
clients will see it. Um, if you're
really dropping the ball the clients
will see that, too. Right. Right.
What message do you have to for to
people
who are afraid that an avalanche of
abuse is going to come down? They're
really petrified from so many years, but
they're contemplating divorce.
How should they
gather some courage and decide, you know
what, enough is enough.
And
I'm I'm I'm ready to to to to call this
quits.
I think if you're dealing with that type
of spouse where you know that you're
describing as an avalanche and you know
what basically is the backlash, um
you have to find your support your
support group at whoever it is, whether
it's your family, friends, whatever it
is.
And you have to really barricade
yourself behind them because what
happens is
they will start
an all-out assault, text messaging,
calling, harassing, harassing family
members. I mean, you see that and I see
that with cases that I deal with where
you know, dealing with one case right
now where they're going through divorce
and
what the guy is doing, the kids are a
little bit older, he's going on an email
campaign to the kids, throwing the
mother in the bus, saying, "Look what
she's doing to me today." It's an
all-out assault and it it it it it it
can get to the point where where he's
you down because you're getting family
members sending message here. We've had
to go get orders of protection. We've
had to go get like all sorts of things
to protect this client because this is a
real This is a case where there's a real
assault going on. Now, it's not a
physical assault, but it's it's it's
what you would call abuse because what
they're doing is systematically
targeting everyone around you to try and
pressure you to back down, right?
Right. Because that they're not happy
with what you're doing. Putting fear
into you and this and that, threaten
threatening.
So, you have to really barricade
yourself and you have to have a good
support system behind you. Otherwise,
you're right, it's very easy to to throw
in the towel because
if you're been going through this your
entire life or for I guess the entire
marriage, right, you're going to get the
worst of it now. Right. Cuz now is now
is the Get out of Get out of the
situation as well. Have you had clients
that in the middle of the divorce
process would tell you, "Listen, I can't
take this anymore." I I and they're they
want to quit in the middle. I'm just
like like give in.
And I would know they're going to be
back. Yeah. Where they've Where What
happened is again we're talking about
narcissists, right?
Where what they did is the spouse will
say will realize that he's about to get
hit pretty hard with, you know, with the
finances of this. And what he does is he
manipulates the situation, starts to
sweet talk, cuz usually these guys are
good Yeah, yeah, yeah. They're very good
at these things. And I'm saying guys,
but it could be women, too.
They're They're very charismatic and
they know how to like sweet And there
has been like a rinse repeat situation
where they
you know, they've they've gone through
this ups and downs where every time
there is some blowout, then they sweet
talk their way back in, and these women
typically will fall for it because it's
it's built into them to want to trust,
right? And so they'll go back in the
cycle. So, in the divorce, it's no
different. They can if they realize
they're about Let's say, for example,
there's you know, they're about to get
hit with a $50,000 counsel fee award,
right?
Right away change direction. They're
going to start sweet talking and start
manipulating and all that to try and get
the spouse to drop the divorce, which
has happened. And you almost know that
this is headed down the same path for a
while. Sure. Of course. But they
succeeded for the moment, you know? So,
yes, it does happen. Yeah. And what
advice do you have for people who have
blended families? They They have her
kids, you know, everybody's being kids
and their own kids now. How do you
navigate
the most the best way possible that
everybody, uh, you know, should be
healthy and
a solid family?
It's a hard It's a hard question because
you know, I've never experienced that
blended family situation, right? Um, and
and my blended family, but I've seen
couples that have it.
Right. Um,
I think what you need to do is
to be successful is you kind of have to
separate out the drama cuz where the
issue is is where
you When a couple went through a
divorce, the other couple in a divorce,
if you're bringing in your All you're
seeing in the relationship is the drama
that you're bringing in, then the
relationship itself
It's going to have an effect. Right, and
so the only real way is if you're able
to and keep this healthy is to separate
out that drama so that it doesn't kind
of get become part of the new
relationship.
The ones that are successful doing that
again not my department, you have to
speak to a therapist about that, but the
ones that are successful
be the children more than uh Keeping
Well, again, if they have if they have
children between them, but but the the
successful ones are the ones that will
keep the drama of their
prior relationships out of the marriage
because what kills these new marriages
is the drama that comes with everything
because they're still dealing with
fighting with their ex and they're doing
He's fighting with his ex, she's
fighting with her ex. Kids are Kids are
going back and forth and all they're
seeing in the relationship is drama and
then they just like they washed their
hands of it because it's just too much.
So, um if they're if you're successful
in navigating that, you know, you're a
bit more successful in making the
blended family work. Right. So, in your
practice, how many success stories do
you see with people moving on with their
lives and you know, second marriages and
they're a success story?
I mean, all the all the time.
You see that then? Yeah, it usually
boils down to the people, right? If a
person is a a solid person to begin
with.
Right.
You know, if a person is a solid person,
grounded, you know, Cuz you don't hear
that much divorces the second time,
correct? This is
You You do. I I mean, I Most of the If
if you have a bunch of cases that
they're
clients that have divorced three times,
right? You know, again,
often times someone that just jumps from
one relationship into the next
relationship
also doesn't heal, Right.
right? Is just really carrying the
baggage into the new relationship,
right? And so, we're all I'm speaking
for myself, like we're all We all We're
all the product of our history, right?
You know, whether it's our childhood or
our relationship prior to that. So,
if you haven't taken a moment to reflect
and figure out what went wrong and like
how you could become a better person and
then you're you're bound to repeat that
in the next relationship. So,
realistically, you know, the only advice
I could give is is take the time to
better yourself and figure out, you
know, whether it's through therapy or
you know, introspect right. Figure out
what it is that went wrong in that
relationship and how you can improve
things in the next relationship and and
you probably don't want to jump too
quickly from relationship to
relationship. Um you know, some people
haven't healed yet and they're already
moved on to the next relation and that's
usually
Not good advice. No, especially if it's
a you know, someone's been through a
very long-term marriage, they just went
through a divorce and you know, it's
very easy cuz you're craving that love,
right? You're craving that relationship.
It's very easy to find the first
available person, but that's not
necessarily always
the best thing for you. It you may need
have you need to heal first even if it
means being alone for a little bit
longer. Right. Yeah.
Now, do you have any story that you
remember in your practice, a horror
story that shook you to the core, that
that just that just showed you a person
who got lost in the space, you know,
like uh
he took it to the next he took it to a
level that you wouldn't believe that
that he can do?
Well,
you know,
I I this is like more recently in the
last year. I had a a client
I had a client who
was a young guy, relatively successful.
Um
he was Jew he was Jewish Orthodox not
you know, I don't more let's say
more
Modax as you would say, but he was
struggling with um and he had a
daughter, right? He was struggling with
um with drugs and
you know, his I handled his case for
about 2 years and during this time like
at one point I you know, I had said to
him I'm like, "Listen, if you really
want me to honestly
get you to have more access." He got she
got wife got an order of protection
against him cuz he was heavily abusing
drugs. He was violent. And and and yeah,
and and and and he was using for a while
and I said, "Look, I said you need to
genuinely take the time, stop what
you're doing, forget the divorce right
now, and go and get the help that you
need because
there's no amount of lawyering that I
could do that's going to get over the
hurdle when they do a drug test on you
and they see that you're, you know, the
substances that you're you're abusing.
So, you know,
you know, and he and he he did listen to
me or he pretended to listen to me, but
he was really lying to me all along,
right? And he was he was fooling us. He
went to Mexico to some program, but
really he was going to Mexico to do
drugs.
Right.
Got somehow some certification from some
fake program.
Um and you know, this was going on and
on. He was just telling me, "Yeah, yeah,
I'm much better." But then literally,
you know, then I said, "Okay, let's get
the drug the drug test." He's like,
"Yeah, yeah." And he would keep, you
know, he would keep trying to blow me
off. And he was sabotaging his case
because, you know, we had to comply with
certain orders and he kept on sabotaging
his own case.
And, you know, I said, "Look." I said
and then he started turning and this is
part of it. Then he started turning it
around that I failed him. That I failed
him. That because of me he didn't see
his daughter." And it really just
smacked of someone who just not in touch
with reality. Not able to actually
look in the mirror and say, "Hey." And
but he turned it into a whole campaign
against me and I really just started
seeing and he started
literally harassing me, sending me nasty
emails, um threatening me and all that
stuff, claiming that I was trying to So,
I I you know, I got off that case. I had
to get off that case. But even after
that, lying to me, saying he was coming
in for court appearances and he's took a
flight. But just like the guy was a
mess.
Out of control.
Out of control. And he was a kid that
was very successful. He was in his 20s.
Had like cash advance money.
Drugs will do this to you. Drugs
completely but he but he but to the
point where he was believing his own
lies. And I I wasn't able to help him.
And I said, "I can't I can't help you
until you're ready to help yourself."
And he would drop off the map for
months. Like I couldn't and we kept
getting clobbered in court because every
time we'd show up
he he he would show up on drugs. They
would do
he wouldn't he would refuse to take the
test. Right? The one time he took the
test came back with, you know, literally
everything under the sun. Um there was
photos of him all over Instagram like
drinking and partying and all that
stuff. And he wasn't going to get to see
his daughter and I felt bad because I
really want to and I said, you know, I
said, "Just give me give me 1 month
being clean and I will get you access to
your daughter."
Yeah, yeah, yeah, Daniel, I'm going to
take care of it. I'm going to take care
of it. And um I I you know,
same rinse and repeat. I didn't see any
I didn't see any change in the behavior.
But that's kind of like the worst case
scenario where you have a client where
really is not not able to get themselves
under control. And you want to help
them, but really they're their own worst
enemy. And so
you know, the same thing will
you know, could be for drinking or be
for other issues.
Yeah, which is it's just a conversation
for ourselves.
It's it's it's it's very sad and these
people these are people who need help.
So the struggle is real.
Yeah, the struggle is
Struggle is real and for a lot of people
it affects their life and you could see
how the spiral, you know, you're talking
about someone that that you know, takes
their life, right?
Usually it's a spiral of things that
start crashing down in their life. You
know, they could go through a divorce,
they could lose their children, they
could start losing the things that are
most important in their life. And then
the next thing you know, they feel like
they have nothing left to lose. So that
brings them to their lowest point. So um
getting things in check early on, you
know, is really important. And the
message that you have here really is is
important. It's get someone in your life
that can
help you through that if you if you feel
like your crash your world is crashing
down around you. Get help before it's
Right. Before it's too late, yeah.
In a perfect world, as an attorney,
would you want to see some changes in
the legal system when it comes to
divorce?
Um
well, absolutely. I mean,
there there could be mechanisms too
technical now to discuss there could be
mechanisms that put into play that allow
for certain things to happen quicker.
You know, we talked about orders
protection. What I would like to see is
there should be more vetting or or
quicker quicker turnaround on the
hearings that take place which legally
you're entitled to, right? Before
someone's excluded from the residence,
right? You know, it's too easy and again
there are the problem is here's here's
the real problem. The problem is is that
someone comes in with an allegation he
threatened he did this and this
if you're the judge, right? Do you want
it on your conscious that some crazy guy
came back and and shot somebody because
you didn't get issue the order
protection? So they look at everybody as
as you know when when the judge yeah, I
mean that's how they look and they have
to look like that, correct?
Because they they want to save their own
skin. The DA is the same way they want
to everyone wants to save their own skin
and it's easier, you know, I'm using the
wrong terminology but shoot first and
ask questions later.
Issue the order protection and then
we'll deal with it, right? Because
what's the worst that can happen? You
could destroy this guy's life but you
know what? At least you haven't nobody
got killed, right? So
what I would like to see especially in
the family court arena, right? So so
there's two different courts, right?
Often people get confused they say
there's divorce court, right? There's no
such thing as divorce court. There's
family court. There's supreme court and
there's family court. The divorce and
the financial aspects all that all
everything including custody can be
dealt with supreme court but if someone
has an issue like
a family offense like you know if
someone like like orders protection if
there's neglect proceedings things like
that. Let's say I don't know let's say
someone sees that you know the kids in a
family are being neglected which happens
a lot, right? Where they're being abused
or whatever it is you you as a citizen
can contact child protective services
and they'll file a
they'll file a family offense
proceeding, right? Neglect and then that
family has to show up to court and they
that's how you look at it and child
protective services will do a report
they'll do an investigation family.
Um you know, I I get asked that question
too like I'm I'm an aid in this house
and I see some like really terrible
stuff going on in this house. Should I
report it? Things like that. And the
answer is yes, you're saving kids. Like,
if you see if you legitimately see
things going on, report it. So, family
court is where people deal with all of
these things. The family court system is
not perfect at all and could use a lot
of help. Often times men get a bad
you know, they get a bad rap in family
court. Um it's it's designed kind of
like again and I talk very much about
this because the system is biased
against men for these things. Just like,
you know, when it comes just like when
it comes to, you know, the business
system is biased against women.
Yeah, yeah. Right.
the family court is biased against men.
to custody and family offense, it's
biased men don't do very well.
that's that's a bold statement. That
could be that could Now, I will say what
has transpired in the last, you know,
couple of years. For example, when I go
to New York City, New York County, I'm
on a case there.
The courts for the most part look to do
fair custody, right? When you come in,
the there used to be this presumption
that the mother's going to get primary
custody. Because he's working. Isn't
that the the reason?
Sometimes, but but if a dad comes in and
says, "Hey, I want to have my kids 50%
of the time." In New York County, the
courts by default will award that,
right? Unless you could show that
there's a real issue there. So, but
that's a real change. But again, I'm to
asking you, don't you think that that's
that's fair? Yeah, I mean it's fair, but
I'm just saying
if a dad wants and I'm not saying it's
fair but if a dad comes in and wants to
have that relationship with the kids
He can make it work. It doesn't matter
if, you know, he has his
he figured it out with the finances. He
wants to be part of this child's life
50%.
Why should the father just be the guy
there just to to provide the income? Why
should that be the relationship? I
I I write checks out to schools and this
and that. Why should that be the The
father should have that right.
Should have that right, yeah. That that
should be a standard and that should be,
you know, that should be a standard
across the board, which is not it's not
We're not there yet. Yeah.
Is there anything that can be done? I I
it's You know, we're trying to change
the world over here, but is there
something we it can be done or this is
just like set in stone and you know, You
need it all starts with a legislature,
right? So, anything that you want to
enact, any any kind of initiative, you
have to do it like a grassroots
movement.
That's a lot of energy and a lot of It
takes a lot of energy, but people do it.
You know, listen and to get to get to
protect the agunot, right? That that
that was a movement. Years ago there was
no one to fight for them. Now you have,
you know, Instagram influencers and all
that. They're very active with this. Um
some like I have issues with some of
them, but I'm just saying but the idea
is what they're doing is actually a very
good thing. Because nobody really is
standing up for these women. There's no
one standing up for
There's nobody standing up. Everybody's
picking up their hands. I mean, is there
there any other solution? A pre-nup is
is is prevention. What happens when
someone is, you know, coming from a
community this is unheard of and it's
never going to happen. This is going
back I don't know how many years. We
talk about a pre-nup. Pre-nup what?
Well, the rabbonim have to have the
cojones Right. to to to stand up and
say, "The problem you have is is that
even many rabbonim that you and I know,
when you ask They wouldn't stand up to
They will not they will not stand up and
say If if that if that gets refused, the
dominance in their shul won't stand up.
They'll be like he'll he'll be like
he'll be the rascal in the in the shul.
Yeah, I know the deal there. He shuts
you up like that. That's the end of it.
And and I've been turned off by some
rabbonim who I thought were like were
like solid people, man. I said I'm
telling I'm saying here's the whole
story. I'm telling you do you trust me?
Here's the whole story. I know the
story. Is there is there you know, and
again, I get it. Sometimes the women are
using the kids as a pawns and all that.
And and I hear that. It's still not
warranted. I don't think either side
should use should should use unfair
leverage, but but either way
the rabbonim should step up and and and
and really, you know, I will say for
example,
here locally in Monsey, there's a Rabbi
Rabbi Wolmark. I don't know if you know
him. Yes, yes, he is. But the Wolmark
stand up guy. I was
extremely impressed. Anytime there was
an issue where we needed someone of a
Russia Shiva stature to step into the
arena, He had the guts to do it.
it. He had the guts to stand up in a
crowd full of people and say that Das
Torah says this. You know what? Good
luck trying to find rabbonim that you
and I know to stand up and say something
and and speak out against it. They'll
say it's complicated, it's this, it's
that. It's a million reasons they're
going to give, but it
But in the meantime, there's no
solution.
You know what? Somehow in the frum
community, we find solutions for
everything, right?
But but there's certain things that are
there.
our chametz with the whole like, you
know, we do heter iska. Yeah. We haven't
found a solution to this.
For this we can't find a solution. I
mean, I
I will say I I'm I was dealing with
another case recently where the woman
wouldn't give the get, wouldn't accept
the get, sorry.
What's the story with that? She She was
She thought that somehow she had some
sort of leverage and that she wanted
She's like, "I'll I'll take the get when
I'm ready." Now, I think she just wanted
Again, it's control. All this is about
control.
And money sometimes.
Money, too. But when if you feel like
you you don't have control, you're going
to grasp at the one thing you can
control, whatever that is. You have the
Wi-Fi password. If you want to use that
to your That's your leverage, right? So,
for for a lot of men, it's that. And
this woman thought she could do it. Now,
the guy that I'm representing is a
stand-up guy.
Was Was taking care of her even
throughout these divorce proceedings,
did everything he had to do, took care
of her, gave her plenty of support, um
you know, wasn't fighting over anything.
She just wanted everything, right? And
but she He wanted to move on with his
life, and she wouldn't accept that. So,
she wouldn't accept the get. He ended up
doing one of these heter me'ah rabbonim.
Oh, yeah. Yeah, he did it. In the end,
she ended up taking the get a year
later, but
um
but he for the longest time he was He
wanted her just to accept the get. She
She said, "You take You want to go to
bezzin, let's go to bezzin." She We came
to bezzin, she's like, "Well, I'm not
ready to deal with that." You know, so
it was games she was playing. And it's
Again, this type of control
on both sides of the Right. It's more
often or not than not it's it's men that
are doing it, but it does happen with
women. Right.
Danny, you seem to be a stand-up guy and
a very good lawyer. A lot of
information, a lot of knowledge, a lot
of good stuff that we heard today. I
have one final question for you. All
right.
Who is your role model? Oof.
I have to say that in my life, I have,
you know, there are two people in my
life that were role models to me and for
different things. Um so, one was my
father in my life.
Uh-huh. Um
mostly because
he showed me what it meant to be
a man and a husband, right? Like like my
at a young age, my mother went through
cancer and and she she passed away when
she was 30.
you were young. Yeah. He was He was your
your your
a rock.
was a rock. When we didn't have any
money, I never I never felt like that.
He never made me feel like we were poor,
and we were poor. And he was working
three jobs.
Um and he never never There was never
any inkling, and he taught me, you know,
about a you know, a
father's role is, you know, to to take
care of the family.
Yeah. Was he He was in the military
also? He
the army. He did amazing things, without
getting into like the whole integrity
and the hippie war.
Yeah. Um you know, and and and I think
what really solidified it for me is, you
know, when I lost my mother, that same
month he lost his father, lost his wife,
he lost his brother. Right?
And to keep it all together and then to
raise to raise two kids
you know, by himself, cooking and going
to work and doing all that. And so,
Amazing stuff.
Yeah. And and so, he For me, that was
like all I needed to see what a what a
man was and what integrity meant. And
then later on in life, like he, you
know, he
guy gets up at the crack of dawn every
day, he learns, he does everything he
has to do.
Does stuff quietly, takes care of
people. I mean, there's literally
nothing he won't do.
One One serious guy. He just There's not
any and he's not And There's no fanfare.
He's not always
He just does He does everything he has
to do. He came from good stock where he
saw this by his parents. Um so there's
that. And then in terms of role model I
I I mentioned earlier in this
conversation my great aunt who, you
know, stepped in and kind of took the
role of a mother. So she gave She She
wasn't religious, but she gave me all of
like she taught me
how to
analyze life. She taught me how to, you
know, how to get how to you know, she
taught me the concept that you know, you
can control
You can't control what happens around
you, but you can control yourself. You
control how you respond to things.
Right. And she was able to get me
through a lot of the hardest points in
my life. Um and she passed away this
past year. You know, yeah, and but she
she but she up until the day she died
she was you know, she was a a critical
part of my life and I looked to her for
guidance. Anytime there was a hard There
was a juncture in my life where I needed
someone to talk to. You know, you talk
about a struggle.
That's good. When there was a struggle
in my life, she was the first person I
went to. So Amazing.
Um the communication between her and I
and and even my brother and and and
anyone that she really touched was was
really
instrumental in in formulating who I am.
And I'm not a perfect person. I have a
lot of flaws,
but she she was able to kind of sit me
down every time and say, "Okay,
let's let's look Let's look at Let's
look at this. Let's talk about it. Let's
figure out how we're going to get past
this, right?" And she taught me that.
And that's I think something that's
really important for everyone to kind of
figure out how to get over hurdles. Wow.
She She was a gift in your life.
She was a gift in my life. So those are
my role Those are my role models.
Right. Right. So you have an important
job and it's like it's uh like that
solar. You know what they say? We hope
we don't need you, right? But when we
need you, you should be able to uh make
people uh live better lives.
I Yeah, I you know, I don't I don't know
that my job is anything more important
than everyone else's job.
It is It's sometimes you know, when it
comes to these things and you're taking
people out of dire situations,
you look at it as saving people's lives.
So so everyone always makes a joke, you
know, in shul around like oh it's like
you're if you're driving this car you
must have had a lot of divorce, right?
You know, the the way I look at it is I
I have to make a parnassah, I have to do
my I do my thing. And if I could do it
in a way where I've actually impacted
someone's life to the better, if I've
gotten them through a difficult
situation, you know, then I've done my
job, right? I've gotten and I tell
people right about it. You're not going
to You're not going to walk out of my
office at the end of this doing
somersaults, right? You're you're not,
you know, this is not that's not going
to happen. There's no yippee ki-yay, you
know, that doesn't happen. What my goal
is, and I tell this at kind of the first
meeting I have with clients, is to get
you out of this as cost-effectively,
efficiently, and with as a little drama
as possible because this should be a
blip in your career. Divorce is I mean
it's for most people it's one of the
most difficult things in their life
they'll go through. So so, you know, if
I can get you through this legal process
and kind of with your head up high and
save you a little bit of money in the
process because I'm not going to be that
attorney that's going to drag this case.
And again, unfortunately, it does happen
and I have no choice, right? There are
cases where I'm dealing with the other
side that they will not settle a case,
right? And unfortunately, it's a harsh
reality. But if I can help them and I
can get them past this quickly,
effectively, and with their head up, you
know, with a a little bit change in
their pocket,
then I've done my job. Wow, call it
covered. Thank you so much for coming. I
really appreciate it. Yeah. Thank you.
All right.
All right, there you