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It Doesn't Have to Be That Way

10 min

How to Divorce Without Destroying Your Family or Bankrupting Yourself

Introduction

Narrator: On Valentine's Day, a woman hears a knock at her door. A deliveryman hands her a large box. Inside, she finds a bouquet of dead, long-stemmed roses. Impaled on one of the thorns is a court summons, officially notifying her that her husband is filing for divorce. This single, vindictive act set the stage for a miserable and costly legal battle, poisoning the entire process from the very beginning. What if there was another way? A path that didn't involve dead flowers and years of acrimony? In her book, It Doesn't Have to Be That Way, renowned divorce attorney Laura Wasser argues that there is. She provides a modern roadmap for dissolving a relationship without destroying one's family, finances, or personal integrity.

The Modern Divorce Is a Business Deal, Not a War

Key Insight 1

Narrator: The book's foundational argument is that the cultural and legal landscape of relationships has fundamentally changed. The traditional nuclear family is no longer the only model, and marriage itself is best understood not as a sacred, unbreakable vow, but as a dynamic contract between two people. When the terms of that contract are no longer working for one or both parties, the goal should be a civil and rational dissolution, not a declaration of war.

Wasser illustrates this with the story of her client Zack, a bass player for a rock band. During a stressful phone call about his settlement, Wasser heard a strange bubbling sound and realized Zack was taking a hit from a bong. While not condoning the drug use, she was struck by his attitude. He explained that despite the difficulty of the divorce, he was grateful for his life and focused on the future. His mantra was, "It's all good." This Zen-like, pragmatic approach, which treats the divorce as a business transaction within a family context, is what Wasser advocates. It’s a shift in mindset from fighting over the past to cooperatively building separate futures.

The Initial Breakup Sets the Tone for Everything

Key Insight 2

Narrator: Wasser stresses that the very first conversation about ending the relationship is the most critical moment in the entire process. The tone established in that initial interaction will almost certainly dictate the tone of the entire dissolution. The vindictive husband who sent dead roses ensured a long, expensive, and bitter fight. In contrast, a respectful, albeit difficult, conversation can pave the way for a cheaper, quicker, and more humane process.

The author shares the cautionary tale of a wife who, wanting to serve her husband divorce papers, asked her own mother to do it. The mother, who despised her son-in-law, relished the task, serving the papers with a smug grin and a triumphant, "You've been served." This act of petty aggression immediately erased any potential for goodwill. The husband, understandably hurt and angered, fought every step of the way, and the divorce dragged on for years. The lesson is clear: using the opening shot for target practice gains nothing and almost always backfires, increasing legal fees and emotional damage for everyone involved.

A United Front Is Non-Negotiable, Especially for Children

Key Insight 3

Narrator: When it comes to telling others about the divorce, particularly children, presenting a united front is paramount. Wasser argues that parents must write the script together, controlling the narrative to minimize harm. The core message to children must be unwavering: they are loved by both parents, the divorce is not their fault, and they will always be a family, even if it looks different.

To illustrate the power of this principle, Wasser tells the story of a divorced couple who took their three preteen children on an African safari after the divorce was finalized. The trip was not a romantic reconciliation but a powerful, deliberate act to reinforce their family bond. It sent a clear message to the children that their parents, while no longer married, were still a committed parenting team and that the family unit endured. This kind of action demonstrates that the goal is not to erase the family but to transition it into a new, functional form.

Custody and Support Are About Responsibility, Not Revenge

Key Insight 4

Narrator: The book draws a sharp distinction between the emotional fallout of a breakup and the practical obligations of co-parenting. Child support is a legal and moral obligation to provide for a child's material needs. It is not a weapon to be wielded or a fee paid for access. Emotions can poison these discussions, turning financial responsibility into a battleground.

Wasser recounts the absurd "Bunny Incident" involving an extremely wealthy couple. After a judge awarded the wife a child support amount she felt was too low, she drove to her ex-husband's mansion and left one of their children's pet bunnies at the gate with a note. The note claimed she was so "beggared" by the court's decision that she could no longer afford to care for the animal. This petty act of protest had nothing to do with the child's needs and everything to do with the mother's anger. The book argues forcefully that parents must separate their feelings about their ex from their financial duty to their children.

Full Disclosure Is Your Most Cost-Effective Strategy

Key Insight 5

Narrator: In the legal phase of divorce known as "discovery," both parties are required to provide a full and factual account of their finances. Wasser is adamant that hiding assets is not only illegal but also a foolish and expensive strategy in the digital age. Trust and transparency are the most cost-effective routes to a settlement.

A stark legal case from California serves as a powerful warning. A woman won the lottery after her legal date of separation, meaning the winnings were her separate property. However, she failed to disclose the win during the divorce proceedings. When the judge inevitably found out, he was not pleased. As a penalty for her failure to disclose—a fraudulent omission—the judge ordered her to give half of her winnings to her ex-husband. Even though the money was legally hers, the act of hiding it cost her millions. The message is that honesty is not just a moral virtue in divorce; it is a legal and financial necessity.

The Goal Is Closure, and Court Is the Last Resort

Key Insight 6

Narrator: The ultimate prize in a divorce is not "winning," but achieving closure. This means being reasonable, compromising, and knowing when to accept a deal that allows everyone to move on. Wasser uses a Yiddish folk tale to illustrate the folly of overreaching. A grandmother on a beach sees her grandson swept out to sea. She prays, promising anything if he is returned. A moment later, a wave deposits the boy safely at her feet. Instead of being grateful, she looks to the heavens and complains, "He had a hat!" This is the person who can never be satisfied and will sabotage their own resolution.

The book positions court as the absolute last resort—an expensive, time-consuming, and emotionally draining process where a stranger in a black robe makes decisions about your life. Even a "win" in court often feels like a loss because it comes at such a high cost. The goal should always be a negotiated settlement, achieved through mediation and compromise, which allows both parties to retain control over the outcome and, most importantly, to finally turn the page.

Conclusion

Narrator: The single most important takeaway from It Doesn't Have to Be That Way is that individuals have far more control over their divorce than they think. By consciously choosing a path of civility, pragmatism, and open communication, they can navigate the end of a marriage with their dignity and finances intact. The book reframes divorce not as a personal failure, but as a manageable life transition.

The most challenging idea Wasser presents is that the relationship with an ex-spouse, especially a co-parent, will likely last far longer than the relationship with a lawyer. This forces a profound shift in perspective. The real-world challenge, then, is not simply to end a marriage, but to successfully begin a new, lifelong relationship as co-parents, business partners, and architects of a reconfigured family. Can you look past the pain of the present to build a functional future? That is the question the book leaves us to answer.

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