Going through a divorce is never easy. It’s a tough time filled with emotions and many questions. One of the biggest decisions you’ll need to make is choosing the right divorce lawyer. If you live in Ontario, this guide will help you understand how to hire a divorce lawyer who fits your needs.
If you are short on time, here’s a quick list to help you get started fast:
- Know your situation
- Search for a family lawyer in Ontario
- Check their experience
- Book a consultation
- Understand the costs
- Ask the right questions
- Review your retainer agreement
- Stay involved
- Know your legal rights
- Look into support options
Read on to know what questions to ask and your legal rights.
About Divorce and Separation
First, it’s important to know the difference between separation and divorce.
A separation is when a couple decides to live apart because their relationship has ended. They may be legally married or in a common-law relationship. You don’t need to go to court to be separated. But you may still need legal advice or a separation agreement.
A divorce is different. It’s when a court officially ends a legal marriage. Only people who are legally married can get a divorce.
In Canada, family law is shared between the federal and provincial governments.
The main federal law is the Divorce Act. It covers things like:
- When you can get a divorce
- Child support
- Spousal support
- Parenting arrangements (formerly called custody and access)
The Divorce Act applies to all of Canada. But how you apply for divorce and deal with the courts depends on your province. In Ontario, the family courts handle these matters.
The province also has its own rules. These cover things like:
- Property division
- Processing divorce applications
- Family justice services like mediation
So, when you’re looking for a divorce lawyer in Ontario, make sure they understand both federal and provincial rules.
8 Steps to Hire a Divorce Lawyer
1: Know What Kind of Divorce You Have
Before you start looking for a lawyer, understand what kind of divorce you are facing. This helps you find the right type of legal help.
There are two main types:
- Uncontested Divorce: Both spouses agree on everything.
- Contested Divorce: There are disagreements on issues like property, custody, or support.
If you and your spouse agree on most things, you may need a lawyer for legal advice and paperwork. In a contested divorce, you’ll need full legal representation.
2: Look for Experience and Expertise
Not all lawyers are the same. You want someone who knows family law in Ontario well. Start by checking their website or legal directory. See if they focus on divorce and family law. You can also check reviews online. Look for comments about how they treat their clients and handle cases.
If you need something specific, like divorce mediation, search for a divorce mediation lawyer in Ontario. Mediation can save time and reduce stress. A collaborative divorce lawyer in Ontario may also help if both sides want to avoid court.
3: Book a Divorce Consultation in Ontario
Most lawyers offer a divorce consultation in Ontario. Some offer free initial meetings. This is your chance to ask questions and see if they are a good fit.
Important Questions you should ask:
- How long have you been handling divorce cases?
- Do you focus only on family law?
- Have you worked on similar cases before?
- What is your fee structure?
- What are the expected divorce legal costs in Ontario?
- How long does a divorce take in Ontario?
Also, pay attention to how they speak with you. Do they explain things clearly? Do they listen? Do you feel comfortable?
This first meeting is important. It helps you decide whether to trust them with your case.
4: Understand the Costs of Divorce Lawyers in Ontario
Divorce can be expensive. But there are ways to manage the costs.
Ask your lawyer for a clear breakdown. Some charge by the hour. Others may offer flat fees for certain services. If money is tight, search for affordable divorce lawyers in Ontario or best divorce lawyer near me with flexible payment plans.
If both sides agree on most issues, an uncontested divorce will cost less. If the case goes to court, it can be more expensive. Also, long battles over child support or property can raise the cost.
A good lawyer will be honest about the price and help you plan your budget.
5: Check Their Communication Style
During your divorce, you’ll need regular updates. Choose a lawyer who answers calls and emails on time. Make sure they are easy to reach when you need them.
Some lawyers use assistants or paralegals to handle updates. That’s okay, as long as you know who your point of contact is.
6: Discuss Your Options
Every divorce is different. A good lawyer will help you understand your options. They may suggest mediation or settlement outside of court. This can save time and reduce stress.
Ask about:
- Separation agreement (This is a legal document that outlines the terms of your separation.)
- Divorce settlement (This includes decisions about property, support, and custody.)
- Going to court vs. mediation
A smart lawyer will help you avoid long fights, if possible. But they will also be ready to defend your rights in court if needed.
7: Review and Sign the Agreement
Once you choose a lawyer, you will sign a retainer agreement. This is a contract between you and your lawyer. It outlines what services they will provide and how much they will charge.
Read it carefully. Ask questions if anything is unclear. Make sure you understand the terms before you sign.
This agreement is the start of your legal journey.
8: Stay Involved in Your Case
Hiring a divorce lawyer doesn’t mean you can step back completely. Stay involved in your case. Respond to emails. Provide documents on time. Keep your lawyer updated if anything changes.
This helps your lawyer do their job well. It also helps keep costs under control.
If you are unsure about anything, ask. Your lawyer is there to guide you.
Where to Get Legal Advice in Ontario
If you’re dealing with a divorce or separation, it’s important to get legal advice. Here are some places in Ontario where you can find help:
Family Law Information Centres (FLICs): Located in every Ontario family courthouse, FLICs offer free information and resources. They have staff who can provide general information and guide you to other services.
Legal Aid Ontario: If you have a low income, you might qualify for legal aid. Legal Aid Ontario offers services like duty counsel, who can give immediate legal assistance in court, and can also help you find a lawyer. You can call them at 1-800-668-8258.
Law Society Referral Service: This service can connect you with a lawyer for a free 30-minute consultation. It’s a good way to find someone who suits your needs. Visit their website to request a referral.
Community Legal Clinics: These clinics provide legal help for people with low incomes. They can assist with family law issues and may offer representation in court.
Remember, getting legal advice early can help you understand your rights and options, making the divorce process smoother.
Special Cases
Foreign Divorce
Canada usually accepts divorces from other countries if:
- The divorce is legal in that country
- One or both spouses lived there for at least one year before applying
But there may be exceptions. If you’re not sure if your divorce is valid in Canada, talk to a lawyer.
Sponsorship and Divorce
If you brought your spouse to Canada as an immigrant, you’re still responsible for them for three years. This doesn’t change if you separate or divorce during that time.
Make sure your lawyer knows if this applies to you. They can help explain your responsibilities.
Recent Legal Updates
Family law is always changing. Here are a few new updates you should know:
- Divorce Act: Since March 1, 2021, the language in the law has changed. “Custody and access” is now called “parenting arrangements.” This reflects a more child-focused approach.
- Family Orders and Agreements Enforcement Assistance Act: As of November 15, 2023, the law now allows the release of someone’s income to help enforce child or spousal support.
These changes help make the system fairer and transparent.
Final Thoughts
Choosing the right divorce lawyer in Ontario is a big decision. It affects your future, your children, and your peace of mind.
Take your time. Ask questions. Choose someone who listens and explains things clearly. Whether you’re facing a simple or complex divorce, the right legal help can make the process smoother.
And remember, you’re not alone. With the right support, you can get through this.
Frequently Asked Questions
1. How do I find a divorce lawyer in Ontario?
You can start by searching online using terms like “divorce lawyer in Ontario” or “family lawyer Ontario.” It’s helpful to check legal directories, browse law firm websites, and read client reviews. You can also ask friends or family members for referrals.
2. What should I look for when hiring a divorce lawyer in Ontario?
When hiring a divorce lawyer, choose someone who focuses on family law and has experience with cases similar to yours. It’s important that the lawyer communicates clearly, listens well, and responds to your questions on time.
3. How much does a divorce lawyer cost in Ontario?
The cost depends on how complex your case is. A simple, uncontested divorce may cost between $1,000 and $2,500. A contested divorce involving property or children can be more expensive. Many divorce lawyers charge hourly rates between $200 and $500.
4. What questions should I ask my divorce lawyer in Ontario?
Ask about their experience in family law and whether they’ve handled cases like yours. You should also ask about their fees, how long your divorce might take, and what steps are involved.
5. What is the process for filing for divorce in Ontario?
To start the process, you must be legally married and have lived in Ontario for at least one year. You file your divorce forms at a family court. The court reviews the paperwork and, if everything is in order, grants a divorce. In most cases, if the divorce is uncontested, it can be finalized in a few months.
Disclaimer: The information provided in this blog is for general informational purposes only. It is not legal advice and should not be relied on as such.
