English as a Second Language Podcast
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ESL Podcast 839 – Getting a Divorce
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1
GLOSSARY
divorce – an official, legal end to a marriage
* They might get a divorce, but they’re worried about how it will affect their kids.
a long time coming – expected for a long period of time; not a surprise;
something that one has been waiting for or anticipating
* Dewey finally got a raise! She has been working for the company for seven
years, so it was a long time coming.
messy – unpleasant, difficult, and complicated
* When the company was bought by a larger business, the merger was messy.
to pry – to want to find out the details of other people’s lives, especially when
those other people would rather not share the information
* During a job interview, the interviewer isn’t supposed to pry and ask questions
about whether you’re married or have kids.
prenup – a prenuptial agreement; a legal agreement or contract written before
two people marry, specifying how their money, property, and other valuable items
will be divided if the marriage ends in divorce
* Would you be offended if your fiancé asked you to sign a prenup?
to set aside – to decide not to use or consider something, possibly saving it for
later
* Grayson and his brother have been arguing for years, but they’ve finally agreed
to set aside their differences and try to have a good relationship again.
sole custody – the legal right to be the only person who takes care of and lives
with a child, when the other parent does not have that right
* In the past, courts awarded sole custody to the mother almost automatically,
but now they are more likely to consider the fathers, too.
alimony – payments made by one spouse (husband or wife) to the other spouse
after a divorce as directed by the court
* Is alimony calculated as a percentage of a spouse’s income?
child support – money paid by one parent (usually the father) to the other
parent (usually the mother) to cover some of the expenses of raising a child
when the parents do not live together
* Hannah’s ex-husband pays child support, but she still struggles to buy food and
clothes each month.
English as a Second Language Podcast
www.eslpod.com
ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
2
community property – a system where all assets (things worth money) received
or earned during a marriage are owned equally by the husband and wife
* They live in a community property state, so even if though her husband never
helped with the family business at all, he owns half of the income from that
business.
distribution of property – how assets (things worth money) are divided
between the husband and wife during a divorce, as directed by a court
* Bryan thinks the court’s distribution of property was completely unfair, but he
doesn’t want to spend more time in court fighting against the decision.
amicably – in a friendly, pleasant way
* Carmen has great interpersonal skills and can speak with anyone amicably—
even her worst enemies.
to turn ugly – to become very unpleasant, challenging, troublesome, dangerous
and/or embarrassing
* The campaign turned ugly when the candidates started saying bad things about
each other’s spouses.
high-powered – very powerful and influential, with the ability to make important
decisions and persuade other people to believe certain things
* Francisco dreams of being a high-powered businessman.
divorce attorney – a lawyer who specializes in divorces
* Adam decided to stop working as a divorce attorney because he didn’t want to
hear any more sad stories about marriages ending.
asset – something that is worth money, such as a home, a piece of land, an
investment, artwork, or cash
* For most people, their home is their biggest asset
to play hardball – to be ruthless; to do everything necessary to get what one
wants, especially when arguing with or fighting against another person, without
caring about whether one hurts or harms that other person
* It looks like our competitor is trying to take our clients. We can’t let that happen.
It’s time to play hardball.
to come out swinging – to be ready and willing to fight; to defend oneself; to
argue for what one believes in or for what one believes one deserves
* The senators are going to debate some very important issues today and
everyone expects them to come out swinging.
English as a Second Language Podcast
www.eslpod.com
ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
3
COMPREHENSION QUESTIONS
1. What is a messy divorce?
a) A divorce that is never completed.
b) A divorce with too much paperwork.
c) A divorce where people fight a lot.
2. Where would Sarah live if Catherine gets sole custody?
a) With her mother.
b) With her father.
c) In an orphanage.
______________
WHAT ELSE DOES IT MEAN?
a long time coming
The phrase “a long time coming,” in this podcast, means expected for a long
period of time and not a surprise: “When Helena announced that she was
pregnancy, the news was a long time coming so everyone was happy, but not
surprise.” The phrase “coming of age” refers to the point in one’s life when one
becomes an adult, usually at age 18 or 21, but possibly when one becomes more
mature and acts like an adult: “When Randall participated in a study-abroad
program as a teenager, it was like a coming of age for him.” Finally, the phrase
“up-and-coming” describes someone who is doing well and becoming very
successful or popular: “Olga is an up-and-coming singer, and I bet she’ll be very
famous within a few years.”
to come out swinging
In this podcast, the phrase “to come out swinging” means to be ready and willing
to fight or to defend oneself: “We’ve saved all our receipts, so if the IRS
challenges our tax return, we’re ready to come out swinging.” The verb “to swing”
can mean to move one’s arm, trying to hit someone or something: “Samuel
swung at the other man, but he missed.” More often, the verb “to swing” means
for something to move back and forth many times while hanging from a fixed
point: “The hypnotist swung the watch from its chain until the patient began to
feel sleepy.” Finally, the verb “to swing” can mean for one’s opinions or feelings
to change very quickly, without warning: “He swings from laughter to anger so
quickly, it’s frightening.”
English as a Second Language Podcast
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ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
4
CULTURE NOTE
Types of Divorce
There are several types of divorce, and the types that are available depend on
the state in which the husband and wife live. The biggest “division” (different
types of) divorce is between “no-fault” and “at-fault” divorces.
In a “no-fault divorce,” nobody has to be “at fault” (blamed; said to have done
something wrong). The “parties” (husband and wife requesting divorce) can
simply say that the marriage has “failed” (not succeeded) or that they have
“irreconcilable” (not able to reach agreement or fix) differences. No-fault divorces
allow the husband and wife to separate amicably, without creating a “huge” (very
large) legal “battle” (fight).
In an “at-fault divorce,” one of the parties must prove that the other party did
something that is “incompatible with” (cannot happen at the same time as) the
marriage, such as having an “affair” (a sexual and/or romantic relationship
outside of the marriage).
An “uncontested divorce” is an arrangement where the two parties reach
agreement on how their assets should be divided and how custody of their
children should be awarded. Most divorces in the United States are uncontested.
The husband and wife “come up with” (create) a plan, usually by working with
one or more attorneys, for how they propose to divide up their assets and assign
custody. Then the court can simply “approve” (say yes to) the divorce.
“Regardless of the” (no matter which) type, a divorce always ends with an official
document called the “Final Judgment of Dissolution of Marriage,” which is filed
with the court.
______________
Comprehension Questions Correct Answers: 1 – c; 2 – a
English as a Second Language Podcast
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ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
5
COMPLETE TRANSCRIPT
Welcome to English as a Second Language Podcast number 839: Getting a
Divorce.
This is English as a Second Language Podcast episode 839. I’m your host, Dr.
Jeff McQuillan, coming to you from the Center for Educational Development in
beautiful Los Angeles, California. Our website is eslpod.com. Go there, become
a member, download the Learning Guide for this episode. Also take a look at our
ESL Podcast store on the same website.
This episode is a dialog between Tom and Nicole about getting a divorce. Let’s
get started!
[start of dialog]
Nicole: I’m really sorry to hear about you and Catherine getting a divorce.
Tom: I appreciate it, but it was a long time coming. We’ve been heading toward
divorce for years. I just hope it doesn’t get too messy.
Nicole: I don’t mean to pry, but didn’t the two of you have a prenup?
Tom: Yeah, but Catherine wants it set aside because our financial situation has
changed so much since we got married. She also wants sole custody of Sarah,
alimony, and child support.
Nicole: We live in a community property state, so that should simplify things,
shouldn’t it?
Tom: You’d think so, but the distribution of property may get complicated. I’m
hoping we can settle everything amicably, but I’m ready for a fight, if it turns ugly.
I’ve hired Dewey Cheatum.
Nicole: Wow, you’re serious. He’s the most high-powered divorce attorney in this
city.
Tom: I’m not taking any chances with my assets or my daughter. If Catherine
wants to play hardball, I’m coming out swinging!
[end of dialog]
English as a Second Language Podcast
www.eslpod.com
ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
6
Our happy dialog begins with Nicole saying to Tom, “I’m really sorry to hear
about you and Catherine getting a divorce.” “I’m sorry to hear about” is an
expression that we use when we hear some bad news, and we are telling the
other person that we understand, and we feel sorry for them. Nicole says she’s
sorry to hear about Tom and Catherine getting a divorce. A “divorce” (divorce) is
an official or legal end to a marriage between two people. Tom says, “I
appreciate it” – I appreciate you telling me that you feel sorry – “but it was a long
time coming.” The expression “a long time coming” means that it had been
expected for a long time. It was not a surprise. We knew it was going to happen.
Tom says, “We’ve been heading” – Catherine, maybe we should call her “Katie”?
– Catherine and Tom “have been heading toward divorce for years.” “To be
heading toward” means you are moving in that direction. He says, “I just hope it
doesn’t get too messy.” “Messy” (messy) here means difficult, complicated, not
nice, not kind. “Messy” can also be when something is dirty or disorganized. You
could have a “messy” desk. I could have a messy desk. (Actually, I have a messy
desk!)
Nicole says, “I don’t mean to pry, but didn’t the two of you have a prenup?” “To
pry” (pry) means to try to find out the details of someone else’s life, to try to find
out the secret things that are going on with someone else, things they may not
want to tell you about – personal things, private things. Nicole says, “I don’t mean
to pry” – my intention is not to pry – “but didn’t the two of you have a prenup?” A
“prenup” (prenup) is short for a “prenuptial (prenuptial) agreement.” That’s a legal
agreement that is made between a husband and a wife before they get married
that decides usually how they are going to have their money divided in case they
get divorced. So, a “prenuptial agreement” – “nuptial” refers to marriage – is an
agreement that is used often by people who have a lot of money and who are
afraid of losing their money if they get divorced. Tom says, “Yeah,” – yes – “we
have a prenup, but Catherine wants it set aside because our financial situation
has changed so much since we got married.” “To set aside” (aside) means to
decide not to use something or to decide not to consider something. Sometimes
it can mean simply to save something for later. But when we talk about a legal
agreement, it means to not consider it, to act as though it didn’t exist, to ignore it.
Tom says, “She also wants sole custody of Sarah, alimony, and child support.”
“Sole” (sole) means just one or just one person. “Custody” (custody) is the legal
right to take care of a child. “To have sole custody” would mean that only one of
the parents, either the father or the mother – usually the mother – has the legal
right to take care of the child, to have the child to live with them. When a man
and a woman get divorced, often when there are children, there are
English as a Second Language Podcast
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ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
7
disagreements about who should take care of the children. There are
disagreements about custody.
Catherine wants sole custody of their daughter, alimony, and child support.
“Alimony” (alimony) is money that one spouse, either the husband or the wife,
gives to the other spouse because the other person doesn’t have enough money
to live on. Traditionally, it has been money the man would give to the woman –
the husband would give to the wife so that she could take care of herself, have a
place for the child or the children to live, and so forth. Nowadays, it’s not
necessarily the case that when you get a divorce, the man will give the woman
alimony. It could be the woman giving the man alimony.
“Child support” is when you are legally required to give money to the other parent
in order to help pay for the expenses of the child, to feed the child, to send him to
school and so forth. Nicole says, “We live in a community property state so that
should simplify things, shouldn’t it?” A “community property state” is a state
where the law is when a man and a woman get married – when two people get
married – your property is divided 50-50 if you get divorced, at least the property
that you had received or had acquired – had gotten while you were married. All of
the money, all of the property, the houses, the cars – all of that is divided 50-50.
The husband gets 50%, the wife gets 50% - that’s a community property state.
California is a community property state.
Tom says, “You’d think so” – you would think it would simplify or make things
easier – “but the distribution of property may get complicated.” “Property” refers
to money and things that you own. “Distribution” refers to who gets what. I get the
car, you get the house, I get the jewelry, you get the lawn mower and so forth –
that’s distribution of property. Tom says, “I’m hoping we can settle everything
amicably.” “To settle” here means to take care of. “Amicably” (amicably) means
in a friendly, nice, pleasant way. Tom says, “But I’m ready for a fight if it turns
ugly.” “To turn ugly” means to become very difficult, to become very unpleasant –
perhaps even dangerous.
Tom says, “I’ve hired Dewey Cheatum.” “I’ve hired” means I have employed, I
have give a job to Dewey Cheatum, who we find out, is a lawyer, an attorney.
(He works for the law firm, the law company, of Dewey, Cheatum, and Howe.)
Nicole says, “Wow, you’re serious. He’s the most high-powered divorce attorney
in this city.” “High-powered” means very influential, very powerful. An “attorney,”
is of course, a lawyer, someone who helps you with legal matters – contracts,
crimes and so forth. “Divorce,” we’ve already talked about, is when you legally
separate and end a marriage. So, a high-powered divorce attorney would be a
lawyer who is very powerful, very influential who deals with divorces.
English as a Second Language Podcast
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ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
8
Tom says, “I’m not taking any chances.” “To take a chance” would be to risk.
Tom says, “I’m not taking any chances with my assets or my daughter.” Your
“assets” (assets) are things that are worth money – a house, a piece of land,
jewelry, investments and so forth. Tom says, “If Catherine wants to play hardball,
I’m coming out swinging.” The expression “to play hardball” (hardball) means to
do everything necessary to get what you want, especially when you are arguing
or fighting with another person. You don’t care if the other person gets hurt.
You’re going to be very tough. You’re going to be what we might call “ruthless”
(ruthless). Tom says, if Catherine plays hard ball, he’s “coming out swinging.”
The expression “to come out swinging” (swinging) means to be ready to fight, to
defend yourself, to argue for what you believe in, in a very strong and forceful
way.
Now let’s listen to the dialogue this time at a normal speed.
[start of dialog]
Nicole: I’m really sorry to hear about you and Catherine getting a divorce.
Tom: I appreciate it, but it was a long time coming. We’ve been heading toward
divorce for years. I just hope it doesn’t get too messy.
Nicole: I don’t mean to pry, but didn’t the two of you have a prenup?
Tom: Yeah, but Catherine wants it set aside because our financial situation has
changed so much since we got married. She also wants sole custody of Sarah,
alimony, and child support.
Nicole: We live in a community property state, so that should simplify things,
shouldn’t it?
Tom: You’d think so, but the distribution of property may get complicated. I’m
hoping we can settle everything amicably, but I’m ready for a fight, if it turns ugly.
I’ve hired Dewey Cheatum.
Nicole: Wow, you’re serious. He’s the most high-powered divorce attorney in this
city.
Tom: I’m not taking any chances with my assets or my daughter. If Catherine
wants to play hardball, I’m coming out swinging!
English as a Second Language Podcast
www.eslpod.com
ESL Podcast 839 – Getting a Divorce
These materials are copyrighted by the Center for Educational Development (2012). Posting of
these materials on another website or distributing them in any way is prohibited.
9
[end of dialog]
Our greatest asset is our wonderful scriptwriter, Dr. Lucy Tse. She’s worth more
than anything else here at ESL Podcast. Thank you, Lucy.
From Los Angeles, California, I’m Jeff McQuillan. Thank you for listening. Come
back and listen to us again here on ESL Podcast.
English as a Second Language podcast is written and produced by Dr. Lucy Tse,
hosted by Dr. Jeff McQuillan. Copyright 2012 by the Center for Educational
Development.