How much does a Lawyer cost in Ontario?

What a Divorce Lawyer Costs

  • Starting off in the office of a Lawyer isn’t usually going to result in an amicable divorce.

  • There are few cost controls when it comes to lawyers and litigation.

  • Additionally, even with lawyer negotiations, it is possible for your case to end up in divorce court.

  • Lawyer negotiations are conducted mainly by correspondence.

  • If it’s a cost-effective divorce, you want that depends on the dispute resolution process you choose.

A common question among couples looking to end a marriage is “What will a divorce lawyer cost me”. It depends, Divorce Lawyer fees in Ontario does vary.

If it’s a cost-effective divorce, you want, that depends on the dispute resolution process you choose to work out your differences. Read on and in this tutorial series, I will lay out your various options.

How much do lawyers cost – Survey Says!

A survey report on how much is a divorce lawyer

Canadian Lawyer Magazine’s 2018 Legal Fees Survey reveals a lawyer negotiated non-contested separation and divorce could cost you each between $5100 to $7400 to prepare and review the documents. If you are not agreeing (contested), the cost increases quickly by an additional $19,500 to $35,500. In all, you could soon be spending $24,600 to $42,900 each. More if you either of you owns a business. The hourly rate for legal advice from a lawyer in Ontario ranges from $300 to $600. With hourly rates higher in the urban areas.

What a Divorce Lawyer Costs

Family Lawyer Magazine – Canadian Lawyer Magazine’s 2018

The average cost of Divorce in Canada

Video: Hidden Costs for Divorce Litigation

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Judge June Maresca

Hear what a Ontario Family Court Judges has to say

Using a Family Lawyer is NOT the only option for Separation and Divorce

For many divorcing couples, lawyers are seen as the one and only option for separation and divorce. While it is in your best interest to eventually engage a lawyer to review your final agreement, starting off in the office of one isn’t usually going to result in an amicable divorce.

High divorce lawyer costs can be avoided if you negotiate a settlement rather than going to divorce court. Unfortunately, some (not all) lawyers spin this into an adversarial and costly process.

Lawyer negotiations are conducted mainly by correspondence. Each piece of correspondence your lawyers write will cost you both a few to several hundred dollars. Suddenly, before you know it, several thousand dollars of your hard-earned money has evaporated.

Additionally, even with lawyer negotiations, it is possible for your case to end up in divorce court.

Family Court a Last Resort

Family Court should always be considered a last resort. It is highly adversarial, extremely expensive, painfully slow and the results are difficult to predict. Sadly, there always tends to be a winner and a loser. The adversarial nature of the process often escalates the animosity between the parties. The judge will decide the future of your family based on the law, without regard to creating a soft-landing for you and your family.

When you consider the fact that this judge, a person who has not met you or your children, and has only a minimal understanding of the context of the issues and how they relate to your family, will make decisions that will affect the rest of your life and life of your children, it is hard to deny that this is a very tenuous choice.

More about Lawyer Fees in Ontario

Process

Adversarial: This is the traditional court system. Each party has a chance to make the case against the other party.

Family Mediation

There is no mediator present. Only each party’s lawyers.

Financial Information

The Process

Is This the Right Process for You?

  • Perhaps, if your spouse declines to engage in settlement talks or is uncooperative.
  • When domestic violence is a real concern
  • You’re certain that your spouse will be deceitful in an alternate dispute process.
  • You are ok that a family court justice (judge) makes the final decision in regards to your children and property.

Confidentiality

There is virtually no privacy with this process. Documents and court orders are open to the public. Any information you present to the court is open for the public to view.

You can ask the judge for certain documents to be kept private (not guaranteed) such as.

  • Medical
  • Financial
  • Children’s information, etc.

How long does it take for a Divorce in Ontario

There is no set time. These proceedings could take up to as much as 3+ years.
You first have to:

  • Conclude the discovery
  • File motions
  • Schedule a judge to hear and rule on your case
  • Possible appeals

How much does a Divorce Cost in Ontario using Lawyers

This process is usually very costly to both parties.

  • Lawyers’ fees
  • Court fees
  • Expert Fees
  • Divorce lawyer cost could be from $15,000 to $100,000. Sometimes more.
  • There are few cost controls when it comes to a litigation trial.

Decision Maker

If both parties cannot come to a final decision, then it is up to the judge (no jury in family law) to make the final decision.

Outcome

The judge issues the final ruling. Usually, in these cases, one party is considered the loser. The party that lost the judgment are typically not happy with the outcome and can appeal the judge’s decision

Divorce Lawyer Costs
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Divorce Lawyer Costs

Have Any Questions?

Book a Call

Talk to Ken S. Maynard CDFA, a Soft Landing expert to come up with a strategy that works best for you and your family for free!

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Contact Information
Ken S, Maynard CDFA
1.855.731.3500
647.360.3200

Divorce Advice

Conclusion

Divorce law in Ontario favours equalization above all else. While that gets everything off to a good start, your ability to secure a neat divorce depends on your ability to work things out in the various agreements you must sign before, during, and after your marriage ends.

Are you having trouble reaching an agreement on your finances? Do you want to avoid going before the judge and asking for help? Consider working with a family mediator who can help you end your marriage in a way that is peaceful, cost-effective, and child-focused.

Would you like to learn more? Get in touch for a Get Acquainted Call to learn more about finding a separation agreement with a soft landing.

Articles that may interest You!

Next: Divorce Arbitration

Part 3 of this article explains Divorce Arbitration. This approach is about hiring your own judge (2 other options to follow).  Tap the LOWER COST OPTION button below to continue. 

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Divorce Costs in Ontario

Lower Cost Option

since you’re here…

Do you value fair costs, compressed timelines, your well-being and a favourable outcome?
If you have children, are approaching retirement, or simply in the primary pursuits of life, no matter what your station in life, separation and divorce often presents some unique challenges. That said reaching a settlement should not break you financially or break your family. Like life, Separation and divorce also have their stages. The early decisions you make and the path you take are directly connected to the quality of your outcome.

The path you take

Let’s hear from Divorce Industry insiders about lawyers and litigation.

“Entering the litigation process forces people to take an adversarial stance because that’s the way the system is designed.”

“Because a court can only do so many things, the answers are impeaching us already. Has to be custody, has to be access, has to be amount of support, has to be division of assets, in a way that the law stipulates. So they’re very bounded by the results because a court can only order so many things.”

“Lawyers unfortunately because that’s their job, tend to reinforce that [adversarial stance]. When you have people who are hurt, who are in crises, who are afraid, who are worried, and they see it as a war. And that’s really dreadful for kids”

June Maresca – Family Court Judge

“The process requires people to bring out the worst in each other. My ex-husband is like this and like that, all the most horrible things. My ex-wife is like this and like that, it brings out the worst in people. So the other party reading that gets their back up and retaliates.”

“She said I knew that our marriage was broken, but after the litigation our family was broken. And it just, it broke my heart.”

Toni Pietrantoni – Family Law Lawyer

“Once you thrown mud at somebody and they throw mud back at you, it typically gets to the point where the hate level does not decrease, the hate level increases.”

“When I see litigation, it’s based on a binary system. You either win or you lose, or on an issue, you’re right or you’re wrong.”

Richard Bennett – Family Law Lawyer

“And at one point my mom said well you have to choose who you’re going to live with, me or your dad. And I couldn’t study for about a good two months and we had finals coming up, so it was difficult.”

Child of Divorce

“The time has come for a fresh conceptual approach to resolution of family disputes in Ontario”

Warren Winkler – Ontario Chief Justice  2007 – 2013

“The empirical evidence shows that it isn’t necessarily the separation and the divorcing of parents that creates the psychological and emotional damage in children, it is the conflict that happens afterwards.”

Julia Haasz  – Family Law Lawyer

“The litigation process is expensive, time-consuming, and it’s not going to have the effect people think it’s going to have.”

Francine E. Van Melle  – Family Court Judge

What about Self-Representation?

The family court system has seen a terrific increase in the number of self-represented litigants (self-reps, or SRLs) over the past few years. But what does it mean to be a self-rep? Judges and lawyers, as well as the system itself, are all struggling to understand who how to better accommodate self-reps in a system built upon the expectation of both parties having lawyers to act for them.

The National Self-represented Litigants Project revealed some disturbing figures. Over a period of 4 years and 3 months ending April 6, 2016, in Ontario Superior Court cases where there was one self-rep and one represented client, the self-rep won only 14% of the time and lost 73% of the time. (The remainder resulted in no orders or split orders.) While there are many explanations for this, it’s clear that a person without any legal help or assistance is facing an uneven playing field.

The resolution value ladder

The resolution value ladder

The further down the resolution value ladder you start, the higher cost go, and the longer timelines extend. Bypass low-value processes and start with the high-value mediation process. Whether you have a settlement in mind and just need a separation agreement prepared or need assistance reaching a settlement, contain costs and conflict by working with a neutral third-party – mediator.

Learn more about Soft Landing Divorce Settlement Method

“Research tells us the greater the degree to which the parents own the outcome, the greater the likelihood they will actually follow through, and that reduces the conflict.”

“People are like snowflakes, families are like snowflakes. No two are the same. And so the benefit of a collaborative process, there is no rubber stamp, there is no template that anyone has to fit in to”

Gary Direnfeld Social Worker MSW, RSW

Finding a Family Lawyer that is worth while, The Ultimate Guide with Top Tips

Searching for the perfect family law lawyer anywhere can be hard, but it doesn’t have to be. I have the perfect resource that can help you understand the process of hiring a lawyer and what to do to make the right choice.

As a professional mediator, I have worked with hundreds of lawyers in different capacities. I have supported settlements between couples which had to involve lawyers by reason of their complexity.

This experience gives me a unique insight into how lawyers conduct themselves, how they solve or create problems and the value they bring. Since I am not a client, my position is that of an insider, this gives me a vantage point that most don’t have.

More than helping you understand what positive qualities make up the best lawyer for you, I can advise as to red flags. I can make referrals based on extensive knowledge of how a lawyer-client relationship should be and how to deal with these lawyers.

Most important, since I do not personally know all the family lawyers in Ontario, I can give you something even better. With my Family Lawyer Insider Guide, I provide you with all the tools to vet a lawyer, in 15 minutes flat. So, I not only share my knowledge with you, I give you all the tools you need to find the perfect family law lawyer for your case.

In the resource I will share with you, I’ll help you understand:

  • How to turn a free consultation into a powerful strategy meeting
  • How to interview, questions you should ask and why
  • The best payment structure for you and how to get the lawyer to agree
  • How to manage the relationship between you and your lawyer
  • Whether you should sign a retainer agreement with the lawyer or just pay for advice as you go
  • How to really check out a lawyer to confirm if they’re a good fit for you
  • What to do if you are in a high-conflict case and how to ascertain if your lawyer really understands these types of divorces or if they’ll only make things worse
  • Whether your lawyer’s gender really matters in your divorce

You’ll find everything you want to know about searching for, qualifying and retaining the perfect lawyer for you in my Family Lawyer Insider Guide.

If you want to take the stress out of finding a lawyer to handle your divorce, reach out immediately to download your copy of the report. Find the right lawyer for you in an easy and straightforward process.

Family lawyer
About the Author:
Certified Divorce Financial Analyst & Family Mediator at
647.360.3200
Next Step - Schedule a Get Acquainted Call

I help smart and successful couples, create separation agreements with clarity and soft landings for secure futures, in 4 meetings or less without all the lawyer created overwhelming conflicts, confusion and costs. You can work with me by video conference or with a DTSW associate at any of our 6 DTSW Greater Toronto mediation centers, including | Aurora | Barrie | North York | Vaughan | Mississauga | Scarborough.

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