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Spotting Red Flags in the Divorce Process: What You Should Know

Oct 25, 2024

Going through a divorce can be one of the most challenging periods of your life. Emotions run high, decisions are critical, and the stakes for your future are significant. Unfortunately, not every step along the way will be smooth, and certain warning signs, or red flags, should give you pause. These red flags, if ignored, could lead to poor decisions that impact not only your immediate situation but also your future well-being. So, what should you be looking out for during the divorce process? Here’s what you need to know to protect yourself and your family.

Trust Your Instincts

When it comes to divorce, your gut often gives you important clues. If something doesn’t feel right, it’s worth paying attention. For instance, if you’ve hired an attorney and the advice they’re offering doesn’t align with your values or your vision for the future, that’s a red flag. Divorce shouldn’t be about dragging out the fight or seeing what you can squeeze from the other person. If the legal advice you’re receiving focuses on prolonging the conflict rather than finding a solution that works for your future, it might be time to reconsider.

Listen to yourself and make sure the advice you’re receiving empowers you to make decisions that reflect your goals and the well-being of your family. The divorce process should ultimately be about creating a future that’s better for you, not just about settling old scores.

Beware of Large Retainers Without a Game Plan

It’s no secret that divorces can be expensive, but that doesn’t mean every large retainer is justified. If an attorney asks for a significant sum upfront and doesn’t provide a clear roadmap for your case, that’s another red flag. A good lawyer will give you an idea of where your case is headed, the strategies they plan to use, and how they anticipate resolving your divorce. Without this clarity, you may find yourself paying more and more, without understanding how it contributes to your end goal.

While every case is different, you should always feel like you’re in control of your legal strategy and that you know what your money is being spent on. If an attorney requests a large retainer without discussing the game plan for your case, you might want to ask more questions—or even seek a second opinion.

Focusing on the Fight Instead of the Future

Divorce is often emotionally charged, but allowing anger or resentment to drive the process can be damaging. One of the biggest red flags in a divorce is when either you or your legal team is focused more on the fight than on your future. It’s natural to feel hurt, angry, or betrayed, especially if your spouse has wronged you in some way. However, letting these emotions steer your divorce strategy can prolong the process and make things worse for everyone involved.

Instead, it’s crucial to stay focused on the future—yours and your family’s. Moving forward and leaving the past behind should be your ultimate goal. If your attorney is encouraging you to keep fighting over small details or to “get back” at your spouse, this might not be in your best interest. Your future is what matters most, and that’s where your attention should be.

Be Wary of Spouses Who Discourage Legal Support

Another significant red flag is when your spouse actively discourages you from seeking legal advice or building a support network. If your spouse says things like, “We don’t need lawyers” or “Lawyers will just make this worse,” it’s time to think twice. While it’s true that legal fees can add up, proper legal support is crucial in making sure your rights are protected and that you’re making informed decisions.

Additionally, it’s important to have a strong support system around you during a divorce. This might include family, friends, or professional advisors like therapists, accountants, or financial planners. If your spouse is urging you not to seek outside advice—whether it’s from a lawyer or your trusted network—this could be an attempt to control the situation. Your decisions in the divorce process will have long-term consequences, and it’s vital that you’re fully informed before making them.

Not All Attorneys Are Alike

It’s true—attorneys can be expensive, and not all of them will have your best interests at heart. However, that doesn’t mean you should avoid legal advice altogether. On the contrary, finding the right attorney can make all the difference in your case. It’s essential to work with someone who understands your goals and will guide you in the right direction, with your future in mind.

Look for an attorney who not only provides sound legal advice but also has your best interests at heart. Divorce can be complicated, and you deserve a lawyer who will advocate for you without turning your case into a prolonged battle. A good attorney will help you navigate the process with clarity and compassion, making sure you’re making decisions that are right for you and your family.

The Importance of Building a Support Network

Throughout the divorce process, having a solid support structure is crucial. Whether it’s a trusted family member, a close friend, or a professional counselor, having people around you who understand what you’re going through can help you make informed decisions. Your support network can offer perspective when emotions run high and guide you toward choices that will benefit you in the long run.

Don’t let your spouse convince you that you don’t need this kind of support. Divorce is a major life transition, and having people in your corner who can provide objective advice is invaluable. If your spouse is discouraging you from reaching out for help, take that as a red flag and make sure you prioritize building a network that can guide you through this difficult time.

Making Decisions That Shape Your Future

The choices you make during your divorce will have a lasting impact on your future. From financial decisions to custody arrangements, every step of the process requires careful consideration. That’s why it’s so important to surround yourself with the right people—legal professionals, family, friends—who can help you see the bigger picture.

Remember, this process is about more than just the present moment. The decisions you make now will affect your life for years to come, so it’s essential to approach them with clarity and thoughtfulness. Don’t rush through the process, and don’t let red flags go unnoticed.

If you’re navigating the divorce process and need professional legal support, our team at New Leaf Family can help. With years of experience in family law, we are committed to guiding you toward a brighter future. 

Contact us today at New Leaf Family or call (720)605-0665 for a free case evaluation and start building your new future.

Christopher Anderson

Christopher Anderson

Attorney

Christopher is a really smart guy (no … he did not write this!) He can analyze and pick apart a dense legal argument like nobody’s business, and then in the next breath explain special relativity or space-time to an 8-year-old. And Christopher has a passion for changing the way Family Law is practiced. He founded New Leaf Family with the dual purpose of: Working to empower clients to make the best decisions for themselves and their families; To make the financial aspect of Family Law more predictable and straightforward for clients. By keeping most decisions in the hands of our clients, Christopher believes they will have more satisfaction with the outcomes, and their families will come through to the next chapter in much better shape. Christopher received his A.B. from Cornell University a really long time ago, when some men had mullets and still took themselves seriously. After Cornell, Christopher went to Georgia, and achieved his J.D.. from the University of Georgia, around the time when you’d hear songs on the radio about things being “ironic” that really aren’t. Christopher started his legal career by prosecuting bad guys accused of horrific sex, crimes for the Bronx District Attorney’s office, and the courtroom became his second home. Over the years he has practiced in several different areas, handling matters as diverse as nasty divorces and custody battles to serving as general counsel to tech companies to representing pilots in licensing issues. In addition to being a scary trial lawyer when called upon to whip out those skills, Christopher also has developed a habit of being invited to give talks to other lawyers about legal technology and law practice management at big lawyer conferences, and works to help other lawyers across the country to improve their law firms as well. Like Penn, Christopher is admitted to practice law in the state and federal courts of Colorado, New York and Georgia. Christopher enjoys snow skiing, oenology, quantum mechanics and astrophysics. He is a frequent, if not always enthusiastic, runner. He is conversational in Dutch and roots for the Netherlands during the World Cup. He makes a mean cappuccino and prefers his martinis stirred, not shaken.