The Bert Show: Vault – This Divorce Attorney Has Advice For You

Podcast: The Bert Show
Host: Pionaire Podcasting
Episode Date: January 30, 2026
Featured Guest: Evan Summerstein, Divorce Attorney (Hunter Weinstein & Summerstein)

Episode Overview

In this episode, the Bert Show invites divorce attorney Evan Summerstein to answer listener questions and share real-world advice for anyone navigating a divorce. The conversation highlights the emotional and legal complexities of separation, featuring direct, relatable, and sometimes surprising wisdom. The hosts field a variety of candid caller scenarios, revealing a wide range of divorce challenges from paperwork pitfalls to child custody concerns.

Key Discussion Points & Insights

1. First Steps in Divorce: Emotional and Legal Landscapes

• [00:01] – [00:51]
  • Evan explains his approach with new divorce clients: he first asks whether the couple has attempted to discuss things between themselves.
  • Quote:

    "Are we going to war, or is this amicable divorce? Or have they already figured everything out already on their own?" (Evan, 00:45)

  • The process varies wildly depending on how much is already settled and the emotional temperature.

2. Managing Emotions Versus Legal Realities

• [00:51] – [01:20]
  • Evan notes that successful divorce attorneys must manage both the legal aspects and the emotional volatility of clients.
  • Quote:

    "To do this kind of business, you have to be able to deal with both the legal side of it and the emotional side of it." (Evan, 01:15)

3. Attorney Dynamics and “Nemeses”

• [01:20] – [01:33]
  • The hosts joke with Evan about competitive rivalries among attorneys.
  • Evan admits there are always a few attorneys known for contentious cases.

4. Caller Q&A: Complex Real-Life Divorce Scenarios

A. Withholding Signature and Inappropriate Demands

• [01:41] – [04:01]
  • Caller Situation: Filed for uncontested divorce, but spouse refuses to sign unless she meets his inappropriate demands.
  • Advice:
    • File the papers with the court or through an attorney if the other party refuses reasonable cooperation.
    • It’s possible to serve papers through the court (e.g., sheriff's office).
    • Having sex post-separation can reset the separation clock; legally, you must stop to avoid complicating the process.
  • Memorable Quote:

    "Once that's been filed with the court, you can no longer have sex with your spouse, because it would, in essence, prove to the court that you are not separated." (Evan, 04:01)
    "Every time that you have sex with your spouse, if you're going through a separation, takes you another 30 days away from a divorce." (Bert, 04:20)

B. Child Custody and Child Support Nuances

• [05:15] – [06:54]
  • Caller Situation: Shared custody, concern about child support, and whether the judge can force house sale.
  • Advice:
    • Child support calculated based on incomes and the custody split, with possible offsets.
    • If one spouse wants to keep the house, the court might require a buyout of the other's share, based on equity.

C. Attorney Fees and Counterclaims

• [07:17] – [09:43]
  • Caller Situation: Self-filed divorce; ex gets attorney via family and counterclaims for attorney fees.
  • Advice:
    • Courts usually order attorney fees only if there is a big income gap, or if one party behaves badly in the proceedings.
    • Standard for counterclaims to include request for fees, but rarely enforced without justification.
  • Quote:

    "If he hasn't paid your child support in two years, the odds of the court requiring you to pay attorney's fees is pretty much zero." (Evan, 08:56)

D. Unfinished Divorces and Attorney Accountability

• [10:17] – [12:38]
  • Caller Situation: Settlement agreement signed but not finalized by judge, now outdated.
  • Advice:
    • Lawyers are responsible for ensuring paperwork is filed and finalized, but liability for failures is case-dependent.
    • If the agreement is considered “stale,” you may need a new agreement; court favors established arrangements if working.

5. Switching Attorneys and Negotiating Fees

• [12:55] – [14:14]
  • Evan suggests only switching attorneys when absolutely necessary, as it’s costly and time-consuming to bring someone new up to speed.

6. Emotional Toll & Humor in Divorce Proceedings

• [14:15] – [14:45]
  • Hosts observe the raw emotion and varied personalities of callers, highlighting how common (and complex) divorce-related drama is.
  • Friendly banter about attending court and pretending to be attorneys.

Notable Quotes & Memorable Moments

• “Most attorneys fees are probably less annoying than that.” (Evan, 02:15) — Humor about bizarre demands during divorce negotiations.
• “If you can stay with the lawyer, do. Because changing a lawyer is really expensive. You got to pay someone to catch all the way back up to where you are." (Evan, 12:59)
• “The request for attorney fees, that's totally standard. We put that on every single complaint or counterclaim we file with the court.” (Evan, 09:16)
• “The emotional side of it is definitely one of the things that keeps my job interesting.” (Evan, 01:06)

Timestamps for Important Segments

• [00:01] – Opening: How do you even begin a divorce?
• [01:41] – Caller: Spouse refusing to sign papers unless... (Sexual coercion)
• [04:01] – Legal implications of intimacy during separation.
• [05:15] – Caller: Joint custody and child support explained.
• [07:17] – Caller: Counterclaims and attorney fees.
• [10:17] – Caller: Settlement not finalized, legal limbo.
• [12:55] – Switching lawyers: When and why.
• [14:34] – Observations about the “venom” and emotion in divorces.

Conclusion

This episode delivers both practical legal insights and a real look at the messiness of divorce—from paperwork mistakes to emotional battles. Evan Summerstein’s advice is both candid and compassionate, highlighting the need for sound legal guidance and emotional resilience. Whether you’re considering divorce or just fascinated by the drama, these stories and expert clarifications give a grounding in what to expect when splitting up.