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The Ultimate Guide to Divorce (For You & The People You Love)

You wouldn't believe the amount of times Mel has asked to do an episode on divorce And finally….here it is: The ULTIMATE guide on how to handle divorce - for you and the people you love. Whether you’ve been through a divorce, are thinking about one, are going through one now, have a loved one you need to support, or are the child of divorced parents, this episode is a resource. World renowned divorce lawyer James Sexton is back to break down divorce from every imaginable angle, and give takeaways that you can implement today regardless of where you are in what he calls divorce’s “six stages”. James will tell you the five situations where he believes divorce may be necessary, how to tell your spouse the marriage is over, and the 48 hour plan you should have in place before you do. You’ll also learn how to protect yourself financially, how to choose the right attorney, and how to stop the need for “revenge” from costing you money. James also addresses “staying together for the kids,” explains how a divorce ends a marriage and not a family, and why your decision on whether to have a divorce or not affects your kids even more than you know. You’ll learn: -The 6 stages of divorce and what to do during each one -Who you should — and should not — talk to when you’re considering divorce -What financial documents and information you need to protect yourself -The biggest mistake people make once they’re in the middle of a divorce -Why trying to “win” your divorce can destroy your future -How to set goals for your post-divorce life before emotions take over -Why you should get a therapist before you get a dating app -How to rebuild your identity and your life after divorce -The best way to support someone you love who is going through a divorce James says “The grief isn't evidence that the marriage failed, it means it mattered.” If you are dealing with divorce yourself, this episode will help you understand where you are and what may be next. If someone you love is going through a divorce, you will learn how to show up in a way that is meaningful. Either way, the more informed you are, the better you can navigate it. For more resources related to today’s episode, click here for the podcast episode page: https://www.melrobbins.com/episode/episode-437/ Follow The Mel Robbins Podcast on Instagram: https://www.instagram.com/themelrobbinspodcast I’m just your friend. I am not a licensed therapist, and this podcast is NOT intended as a substitute for the advice of a physician, professional coach, psychotherapist, or other qualified professional. Got it? Good. I’ll see you in the next episode. In this episode: 00:00 Introduction 00:40 The Ultimate Guide to Divorce 15:44 The Warning Signs Your Marriage Is Headed for Divorce 23:38 How to Know if You Should Get Divorced 32:26 Telling Your Spouse You Want a Divorce 42:26 Should You Stay Married for the Kids? 47:30 How to Prepare Financially for Divorce 51:20 How to Choose the Right Divorce Lawyer 58:26 Navigating a High-Conflict Divorce 01:03:49 How to Heal and Move On After Divorce 01:15:49 How to Support Someone Going Through Divorce — Follow Mel: Instagram: https://www.instagram.com/melrobbins/ TikTok: http://tiktok.com/@melrobbins Facebook: https://www.facebook.com/melrobbins LinkedIn: https://www.linkedin.com/in/melrobbins Website: http://melrobbins.com​ — Sign up for Mel’s newsletter: https://melrob.co/sign-up-newsletter A note from Mel to you, twice a week, sharing simple, practical ways to build the life you want. — Subscribe to Mel’s channel here: https://www.youtube.com/melrobbins​?sub_confirmation=1 — Listen to The Mel Robbins Podcast 🎧 New episodes drop every Monday & Thursday! https://melrob.co/spotify https://melrob.co/applepodcasts https://melrob.co/amazonmusic — Looking for Mel’s books on Amazon? Find them here: The Let Them Theory: https://amzn.to/3IQ21Oe The Let Them Theory Audiobook: https://amzn.to/413SObp The High 5 Habit: https://amzn.to/3fMvfPQ The 5 Second Rule: https://amzn.to/4l54fah

James SextonguestMel Robbinshost
Sep 24, 20261h 26mWatch on YouTube ↗

CHAPTERS

  1. 0:00 – 6:06

    Why divorce hurts—and how to prevent optional damage

    James Sexton frames divorce as an unavoidable painful process where the real choice is whether you minimize lasting damage. He previews who the guide is for: people trying to save a marriage, navigating a divorce, recovering afterward, or supporting someone they love.

    • Pain is inevitable; long-term damage is optional
    • Divorce is a process you can influence—not “the weather” happening to you
    • Key distinction: a marriage that is broken vs. one that’s unattended
    • How this episode aims to save money, reduce harm to kids, and restore agency
    • Divorce ends a marriage, not a family
  2. 6:06 – 11:23

    When divorce is necessary: five red-flag categories

    Sexton pushes back on the idea of “inevitable” divorce and instead identifies situations where divorce is necessary versus merely likely. He outlines five categories that signal a marriage may need to end for safety, integrity, or selfhood.

    • Abuse (physical/emotional/financial/threats involving children) makes safety non-negotiable
    • “False self”: one partner is essentially a costume, not a real participant
    • “Stolen reality”: major secrets that rewrite the shared life story (gambling, second family, long affair)
    • “Unrepentant repeat”: harmful behavior with endless fluent apologies but no change
    • “Shrinking marriage”: you become progressively smaller and less yourself
  3. 11:23 – 15:40

    The 6 stages of divorce—from vague unhappiness to the paperwork being done

    Sexton maps divorce into six psychological and practical stages, emphasizing that the legal end and nervous-system recovery don’t align. He warns that true grief and healing often begin after the documents are final.

    • Stage 1: Pre-contemplative—unhappy, but divorce isn’t yet named
    • Stage 2: Contemplative—private 3 a.m. “trial” in your head
    • Stage 3: Moment of decision—logistics/timing/fear dominate
    • Stage 4: Taking steps—consulting, hiring, making it public
    • Stage 5: In it—“hour of lead,” the heavy middle
    • Stage 6: Just got out—grief begins when the legal process ends
  4. 15:40 – 23:35

    Pre-contemplative warning signs: roommates, flatness, and the ‘price of silence’

    They unpack what early decay looks like: not fighting, but numb routine and contempt cues. Sexton argues the cheapest intervention is a direct, awkward conversation before outside systems (therapy, lawyers) are required.

    • Flatness and logistics-only talk can signal an unattended marriage
    • Contempt sounds (“What?” “Yeah, whatever”) are ‘smoke’ before fire
    • Audit daily life: what’s by default vs. by design?
    • Renegotiate the “invisible contract” out loud
    • The conversation you’re avoiding is cheapest today—don’t wait for the flood
  5. 23:35 – 32:26

    Contemplating divorce: take inventory, avoid bad confidants, and get real counsel

    Sexton urges people to act while the problem list is still short and to examine recent life stressors that may be misattributed to the marriage. He advises who to talk to—and who not to—so decisions aren’t distorted by noise or loyalty pulls.

    • Don’t wait until the issue list grows from 3–4 to 32
    • Review the last ~18 months for grief/stress that may be wearing a “marriage costume”
    • Do not use social media, group chats, or kids as sounding boards
    • Get an individual therapist who challenges you
    • Choose one trusted “vault” friend, and consult a lawyer early for information/privilege
  6. 32:26 – 46:28

    How to tell your spouse: don’t ‘ask’—deliver a clear decision and stop talking

    Sexton lays out practical rules for the divorce conversation: timing, setting, clarity, and restraint. He emphasizes that reasons invite rebuttal and that you can’t “unring the bell,” so certainty and care matter.

    • Don’t do it at night, in public, on holidays, or under any substance influence
    • Say it in the first 10 seconds, with no preamble
    • Use clear language (e.g., “I’ve given this a lot of thought. Our marriage needs to end.”)
    • Stop talking—reasons invite rebuttal and restart old fights
    • Own your part first; apologize for your role without offering false hope
  7. 46:28 – 47:30

    The 48-hour plan: kids’ safety, temporary separation logistics, and document readiness

    After the conversation, Sexton recommends a short-term containment plan to reduce harm and volatility. He also stresses financial awareness and preparation, since reactions can include cutting off access or information.

    • Keep kids out of the blast radius during the initial fallout
    • Create distance—don’t try to be the person who comforts the one you’re leaving
    • Avoid ‘kicking them out’; offer options for who stays where
    • Know where key financial documents are; make copies and ensure access/logins
    • Maintain a basic “snapshot” of assets even in happy marriages (death/divorce contingencies)
  8. 47:30 – 50:11

    Staying married for the kids: what you’re modeling matters more than status

    Sexton challenges the belief that avoiding divorce protects children, arguing kids absorb the marriage they observe. He reframes the choice as what lesson children learn about love, conflict, and endings—divorce can be done with respect and stability.

    • Children remember what the marriage felt like more than whether it stayed intact
    • Ask: would you want your child to have this marriage?
    • High-conflict dynamics harm kids; that’s about approach, not the existence of divorce
    • Divorce can teach that endings can be humane and families can change shape
    • Timing matters: younger kids may adapt better than teens in a volatile home
  9. 50:11 – 51:20

    Taking steps: set goals early and treat divorce as architecture, not revenge

    Entering the actionable phase, Sexton frames divorce as restructuring a lifelong co-owned “company” (your family system). He recommends writing concrete goals to avoid emotional spending spirals and to keep decisions aligned with long-term life design.

    • Divorce is the architecture of post-divorce life, not the final argument
    • Write down goals early (housing, school proximity, parenting schedule, resources)
    • Differentiate what you need vs. what you want vs. what you’re entitled to
    • Avoid economically irrational fights (spending $10k to win $11k)
    • Remember the long horizon: future milestones (e.g., weddings/grandkids) depend on today’s tone
  10. 51:20 – 1:02:14

    Choosing the right divorce lawyer: a full toolkit (scalpel vs. chainsaw)

    Sexton explains why you need counsel capable of courtroom force but motivated to settle—and why “friendly divorce” marketing can mask fear of court. He argues strong litigators often reduce litigation because both sides can accurately price outcomes and risks.

    • You want a lawyer who can do legal ‘violence’ but prefers not to
    • Overly ‘friendly’ attorneys may be avoiding court due to inexperience
    • Hiring a litigator can decrease litigation by making outcomes predictable
    • Mediation/collaboration can be great—if both parties are reasonable
    • In high-conflict situations, you don’t get to decide the other side’s cooperation level
  11. 1:02:14 – 1:03:55

    In the thick of it: stop seeking vindication from a system that only produces outcomes

    Sexton names the central mid-divorce trap: looking for closure, validation, or moral victory from courts. He warns against defining the whole marriage by worst moments and urges a pragmatic, businesslike mindset for legal proceedings.

    • Courts deliver logistics (property/schedules), not emotional closure
    • Seeking vindication prolongs pain and expense
    • Don’t rewrite the entire marriage by anyone’s worst day
    • Keep legal actions aligned with written goals and long-term family functioning
    • Separate grief work (therapy/support) from legal work (outcomes)
  12. 1:03:55 – 1:15:49

    After the paperwork: grief, structure, identity rebuild—and therapist before dating apps

    Post-divorce recovery, Sexton says, requires attending to sorrow rather than bypassing it with anger or distraction. He offers concrete practices for healing, rebuilding identity, and creating structure—plus cautions against rushing into new relationships.

    • Unattended sorrow is toxic; allow grief as proof love mattered
    • Don’t erase the past with “it never mattered”—it’s often dishonest and blocks healing
    • Use structure: schedule self-dates, hobbies, community, volunteering, routines
    • Try letter-writing (what you needed to say/hear) as a grief tool
    • Get a therapist before a dating app; avoid carrying instability into the next relationship
  13. 1:15:49 – 1:26:38

    Supporting someone through divorce—and preventing the social circle from shattering

    Sexton coaches friends and family on practical, non-performative support: meet the person where they are, be specific, and offer a menu of help. He also addresses social fallout and suggests proactive messaging to reduce ‘side-taking’ and protect community ties.

    • Stop helping the way you want; help the way they need
    • Be concrete: schedule a walk/dinner; don’t say “let me know if…”
    • Offer a menu (talk, distraction, errands, childcare) and permission to change plans
    • Ask to help as a favor to you: “Let me do something for you”
    • Reduce friend-group polarization with a shared script/statement: no teams, co-parent respect

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