The Bert Show: Vault – Ask a Divorce Lawyer: Your Messiest Questions, Answered

Date: March 5, 2026
Guest: Evan Summerstein, Divorce Attorney

Episode Overview

In this insightful and practical episode, The Bert Show team welcomes divorce attorney Evan Summerstein to tackle listeners’ toughest, real-world divorce dilemmas. Listeners call in with questions ranging from restraining orders and child support to attorney fees, contested proceedings, property disputes, and changing legal representation. Summerstein provides clear, empathetic, and actionable advice throughout, revealing the emotional and bureaucratic realities of divorce. The segment is fast-paced, candid, and alternately heavy and dryly funny—showing the cast's signature mix of authenticity and wit.

Key Discussion Points and Insights

1. How Divorce Withstands Economic Downturns

• Listener Interest Remains Steady: Despite being in a recession, divorce rates and inquiries haven’t dropped significantly.
  • “It’s economy-proof…and it doesn’t seem to affect it too much.” (Evan Summerstein, 01:57)
  • “People don’t like each other when they have money or when they don’t have money.” (Evan Summerstein, 02:09)
• Laughter-tinged Real Talk: The hosts joke about the permanence of relationship animosity, illustrating the universal nature of divorce struggles.

2. Restraining Orders in Non-Physical Abuse Situations

• Michelle’s Call (02:38–04:37):

  • Michelle describes her husband’s emotionally abusive and intimidating behavior post-divorce filing.
  • Advice: Evan confirms she can pursue a restraining order if there’s serious harassment or fear of violence, even without physical contact.
    • “You can definitely request a restraining order…you can go to the magistrate court in whatever county you live in and actually have forms there…” (Evan Summerstein, 03:24)
  • Clarification: Emotional harm, especially if escalating or affecting children, is taken seriously for protective orders.

• Host’s Reflection:

  • The hosts reflect on the tragic transformation of once-loving couples into adversaries.
    • "At one point, she and he looked at each other in the eyes on their wedding day…then you fast forward to today, and this is what has happened, you know?" (Host 2, 05:07)

3. Child Support When There Was No Marriage

• Pam’s Call (05:15–07:08):
  • Pam’s ex stopped providing child support after remarrying, despite sharing custody informally.
  • Advice: Evan urges her to file for official child support through the state or a private attorney; guidelines consider both incomes. Retroactive support is unlikely unless specific past expenses are proven.
    • “What you definitely need to do is file for child support…there’s a calculated formula…” (Evan Summerstein, 06:00)
    • “They will not do what’s called a retroactive child support order…but if you can prove expenses…they will make him contribute to those.” (Evan Summerstein, 06:44)
  • Businesslike Approach: The hosts note Pam’s all-business demeanor, contrasting with other callers’ emotion.

4. Attorney Fees and Drawn-Out Divorce Cases

• Rebecca’s Call (07:40–09:36):
  • Rebecca describes being at a financial disadvantage; her ex has more resources and is prolonging the legal battle.
  • Advice: Courts can order the wealthier spouse to contribute to attorney fees, especially if only one party is stalling or has greater means.
    • “The courts can make him pay your attorney's fees…ask the judge to make him contribute…” (Evan Summerstein, 08:21)
    • If one party is dragging out the process, “The court will definitely kind of punish him for that.” (Evan Summerstein, 09:22)
  • Process Length: A contested divorce averages a year and a half; Evan’s longest took two and a half years.
    • “A year and a half is probably about average…The quickest you can do it in Georgia is 31 days.” (Evan Summerstein, 09:45–09:57)

5. House Deeds and Occupancy After Divorce

• Rhonda’s Call (10:18–11:41):
  • Rhonda’s divorce awarded the house to her ex, but she later moved back in. She asks about her security and rights since her name remains on the deed.
  • Advice: If the court order granted the house to her ex, he can evict her at any time, and he retains all equity from its sale—even if her name is still on the deed.
    • “The house is his. So you are…a renter who’s not having to pay rent.” (Evan Summerstein, 11:02)
    • “If it just says he gets the house, then he’d get the equity in the house.” (Evan Summerstein, 11:25)
  • Hosts’ Reaction: They note Rhonda’s disappointment—“Hear the disappointment?” (Host 2, 11:43).

6. Changing Attorneys Mid-Divorce

• Jerrell’s Call (12:11–13:53):
  • Jerrell worries about the consequences of switching lawyers after delayed and unsatisfactory service.
  • Advice: Clients have the right to change attorneys anytime, though it can be expensive. It's best to first have an honest conversation to try to resolve issues.
    • “You always have the right to get a new attorney…sit down with your attorney and see if you can fix things.” (Evan Summerstein, 13:21)
    • “But if…you feel like they’re not listening to you…you really may want to consider” switching. (Evan Summerstein, 13:45)

Notable Quotes & Memorable Moments

• On Economy-proof Divorces:

  • “People don’t like each other when they have money or when they don’t have money, broke or rich.”
    — Evan Summerstein (02:09)

• On Emotional Impact:

  • "At one point, she and he looked at each other in the eyes on their wedding day with such loving eyes...then you fast forward to today, and this is what has happened, you know?"
    — Host 2 (05:07)

• On Attorney Fees:

  • “He should be spending marital property to pay your lawyer also.”
    — Evan Summerstein (08:06)

• On Drawn-Out Divorces:

  • “A year and a half is probably about average…it’s the nature of the beast.”
    — Evan Summerstein (09:45)

• On Occupancy and Deeds:

  • “You are…a renter who’s not having to pay rent.”
    — Evan Summerstein (11:02)

• On Changing Lawyers:

  • “You always have the right to get a new attorney…and see if you can fix things.”
    — Evan Summerstein (13:21)

Important Segment Timestamps

• [01:14] – Evan Summerstein introduced and divorce call lines opened
• [02:38–04:37] – Michelle seeks advice on domestic abuse and restraining orders
• [05:15–07:08] – Pam asks about child support without marriage or formal arrangement
• [07:40–09:36] – Rebecca on attorney fees and financial disadvantage
• [10:18–11:41] – Rhonda’s house occupancy and rights post-divorce
• [12:11–13:53] – Jerrell asks about firing and replacing a sluggish attorney

Final Thoughts

The episode is a rare, practical guide for anyone in the throes—or on the brink—of divorce, showing both nitty-gritty legal realities and the deep emotional currents under every split. Evan Summerstein provides straight talk and clear advice, while the hosts balance seriousness with moments of levity and empathy. For those seeking clarity amid marital turmoil, this episode is a goldmine of firsthand answers and reassurance.