Renowned lawyer James Sexton, a specialist in divorce cases, shared his view on the reasons why many marriages end in failure. He called it ‘frightening statistics’ and believes it creates a legal assumption that marriage is a careless activity.
Sexton, who has more than 25 years of experience in this field, has faced various situations related to divorce multiple times. In Jay Shetty’s podcast, he expressed his thoughts on why nearly half of marriages end in divorce.
Carelessness in marriage
According to Sexton, the law has a concept of negligence, which is characterized by an inability to recognize the high risk of harm. He noted: ‘In law, there is the concept of negligence and recklessness. Negligence is the failure to recognize significant, but highly probable harm. Recklessness is a conscious disregard of substantial and unjustifiable risk.’ The lawyer emphasized that if marriage often leads to pain, then ‘it is actually unwise to enter it.’ He added: ‘Thus, divorce is an obvious failure in the ability of marriage to endure.’
The reality of marriages
Sexton also shared thoughts on people who stay in unsuccessful relationships for the sake of children or economic reasons. ‘How many people are unhappy with their decision to marry but stay together for the children? Or because they do not want to give up half of their assets?’ According to him, the real failure rate of marriages can reach ‘about 70 percent.’ ‘For me, that’s just shocking. It’s staggering,’ he noted.
Despite the high number of divorces, second marriages reflect a deep need for connection and the importance of marriage, even if it is risky: ‘But the bad news is that by any measure, the failure rate is very high.’
Moreover, Sexton believes that reminding potential brides and grooms of these realities is ‘terribly impolite,’ but emphasizes that ‘it is not pessimism when you look at the numbers.’ He summarized: ‘Why am I getting married? What problem is marriage supposed to solve?’
To prevent divorces and improve communication in a couple, psychologists recommend using the tea cup method — a practice of daily tea Time together, which can become a ritual to strengthen the bond between partners.
These forecasts and observations from James Sexton indicate serious challenges that modern marriages face. However, his statements also highlight that despite the risks, many people still seek to find stability and support in relationships. This indicates the need for improved communication and a conscious approach to building a family.
