178. How "Why" Can Change the Course of Your Divorce- with Cary J Mogerman Esq.

If you’re in the middle of a divorce and constantly asking yourself “WHY is this happening?”, this episode is about to save you money, misery, and a whole lot of emotional tailspinning.

This week, Andrea and Morgan dive deep into the question that can either move your divorce forward—or completely derail you: WHY.

When is asking why strategic?

And when is it a waste of attorney fees (or your sanity)?

To help break it all down, we’re joined by Cary J. Mogerman, one of the most respected divorce attorneys in Missouri. Cary brings decades of experience, a wise-professor vibe, and a no-nonsense approach to helping clients understand the process clearly, calmly, and strategically.

Cary J. Mogerman is one of the most highly regarded divorce lawyers in Missouri and wellknown to other top family law attorneys throughout the United States. He is a Fellow of the American Academy of Matrimonial Lawyers and in 2022, served as President of the national organization. He is a Diplomate of the American College of Family Trial Lawyers, an invitation-only assemblage limited to 100 members throughout the United States; Cary is a member of its executive committee. He is a Fellow of the International Academy of Family Lawyers.

https://carmodymacdonald.com/people/cary-j-mogerman/

In this conversation, you’ll learn:

• Why “Why is this happening to me?” is a therapist question—not a lawyer question
• How to ask WHY in a way that strengthens your strategy, saves money, and reveals leverage
• Why understanding your spouse’s emotional triggers can completely shift mediation
• The one communication mistake clients make that drives lawyers insane
• When your lawyer should break things down in plain language
• Why slowing down your responses (yes, YOU) will prevent disaster
• How to stop burning money on the wrong kind of questions
• Why the legal process feels slow, confusing, and unfair—and what to do with that
• How to advocate for yourself without apologizing

PLUS: Andrea reveals a HUGE co-parenting milestone (Shabbat dinner with the ex… yes, seriously), and Morgan talks through why listeners were so triggered by last week’s episode—and what that means for your own healing.

This is the episode you NEED if you’re negotiating, mediating, litigating, co-parenting, or just trying to get through the day without rage-texting your ex or panic-emailing your lawyer.

Key Takeaways

1. Not All “Why” Questions Are Helpful

“Why is this happening?”

“Why is he acting like this?”

“Why is she being crazy?”

These are human questions—but not legal ones.

They belong in therapy, not in your billable hours.

2. Strategic Why’s Are POWERFUL

Why are we filing this motion?

Why is this our mediation plan?

Why is my ex reacting this strongly to ONE issue?

These help your attorney build a smarter, more effective case.

3. Your Lawyer Should Explain Everything in Plain Language

Cary breaks down why attorneys NEED to simplify their communication—and why you should never feel embarrassed asking:

“Can you explain that in normal-person English?”

4. Your Spouse’s Triggers = Your Strategy

You know your spouse better than anyone.

Your insights help your attorney negotiate smarter and faster.

5. Don’t Make Split-Second Decisions During Emotional Surges

You’re not being chased by a bear.

Slow down. Breathe. Don’t respond immediately.

You can literally save thousands of dollars by pausing.

6. Your Lawyer Isn’t Your Therapist

If you use your attorney to process grief, fear, or trauma—you’ll pay for it.

A therapist handles feelings.

A lawyer handles logistics and strategy.

7. Mediation Success Depends on the Why

Understanding WHY your ex digs their heels in reveals:

• leverage
• pressure points
• opportunities for compromise

8. Don’t Waste Your Money Asking Why the Law Is Unfair

It is unfair.

But your lawyer can’t change it.

Save your dollars for actual strategy.

Timestamps

00:00 — Cary opens up about the problem with legal language

00:09 — Morgan: never feel bad asking “why”

00:19 — How WHY can transform mediation

00:46 — Show intro

01:22 — Connecting instead of isolating during divorce

01:37 — Truly Engaging partnership

02:19 — Holiday-card humor + promo code

02:26 — Being proactive vs reactive in divorce

02:44 — Why communication apps matter (Our Family Wizard plug)

03:19 — Andrea drops a HUGE co-parenting surprise

05:02 — The Shabbat dinner miracle (yes, really)

06:33 — Listener backlash from last week

07:40 — Nervous system regulation in co-parenting

08:53 — Introducing guest attorney Cary Mogerman

10:16 — Why blindsided spouses struggle with “why”

12:04 — When WHY keeps clients stuck

13:26 — The role of therapy vs legal strategy

14:44 — The cost of asking the wrong WHY

15:30 — When WHY is your best tool

17:02 — How WHY reveals leverage in mediation

17:54 — Plain language: the communication clients deserve

19:48 — Don't feel bad asking your lawyer to explain

21:22 — Email vs call: when & how to communicate

22:18 — How to prep for a paid call with your attorney

23:41 — Using WHY strategically in litigation & mediation

24:33 — When your WHY belongs in therapy

25:16 — Why divorcing people need communication guides

26:26 — Knowing your spouse’s triggers = negotiation power

27:25 — Why lawyers need your full story

28:41 — Real-life example: using money triggers in negotiation

31:34 — Why you don’t need to make immediate decisions

32:21 — Emotional reactivity and fight-or-flight

33:52 — Why your brain panics during divorce

35:14 — The WHY questions that waste money

35:45 — Why fairness doesn’t matter in court

37:36 — Action steps: when to ask WHY & when not to

38:47 — Cary’s closing wisdom

39:39 — How to know when to get curious vs when to let go

40:59 — Resources to help you save money & stress

41:28 — Why divorce is a marathon, not a sprint

42:02 — Final reassurance: you’ve got this (and we’ve got you)

Our Divorce Crash Course was designed to hold your hand through the process and help you avoid major and expensive mistakes. Learn more here: https://www.hownottosuckatdivorce.com/divorce-crash-course

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