Understanding Divorce Lawyer Costs in Ontario: Your Options

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

  • It is mandated by the courts that each party exchange financial information.
  • Full financial disclosure of all financial information is law.

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

Rethinking “Lawyering Up”

10 Reasons to Seek Mediation and Financial Guidance First in Divorce

In the throes of a divorce or separation, it’s tempting to seek legal advice immediately – after all, isn’t that what we’re taught to do? However, while legal guidance is crucial, it isn’t necessarily the best first step. Separation and divorce proceedings are about 90% about finances and children rather than purely legal matters. Today, let’s debunk this misconception and explore why it might be better to collaborate with a mediator and ADFA before reaching out to a lawyer.

Timing is Everything

Like in life, timing is everything when it comes to hiring a divorce lawyer. Knowing when to seek legal counsel during a divorce or separation is crucial to achieving the best possible outcome. Here are some key considerations to determine the right time to hire a divorce lawyer:

  • Control the Process: Working with a mediator and ADFA, you and your spouse maintain control over the process, making decisions collaboratively instead of dictating them by attorneys or the court.

  • Financial Clarity: A ADFA brings financial expertise to your case, helping you understand financial decisions’ short- and long-term implications.

  • Comprehensive Disclosure: These professionals guide you in gathering necessary disclosure documents, ensuring no financial stones are left unturned before consulting a lawyer.

  • Focused Negotiations: Mediators help parties stay focused on their real intentions and the main issues, preventing distractions from the path of resolution.

  • Cost-Effective: Mediation and financial analysis can often be more cost-effective than immediately “lawyering up” while offering comprehensive guidance.

  • Reduced Animosity: Opting for mediation first may reduce the antagonism between parties. The traditional “lawyering up” approach can create an adversarial atmosphere that fuels hostility.

  • Holistic Approach: Mediators and ADFAs consider monetary and non-monetary aspects, such as children’s welfare, providing a more holistic view of your situation.

  • Informed Legal Decisions: A solid understanding of your finances and intentions empowers you to make more informed decisions when seeking legal advice.

  • Protection of Rights: The modern family law system ensures your rights are protected – consulting a mediator or ADFA first doesn’t negate this protection.

  • Better for Children: Focusing on finances and children first helps create a more stable environment during this transition, which is often better for children.

Remember, the goal is to make your divorce or separation as smooth as possible for all involved. Therefore, starting with a mediator and ADFA might not be the traditional route. Still, it could be right for you, providing clarity, control, and a comprehensive view of your situation before you step into a lawyer’s office. As always, every situation is unique, so consider your options carefully and seek the best approach for your family.

Divorce Lawyer Costs
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Divorce Lawyer Costs

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Conclusion

If you're going through a divorce, you probably think you need to call a lawyer immediately. That may not be your first best step, and I will tell you why. For one thing, you don't know enough yet. Going through a divorce is tough, and making big decisions when you're feeling overwhelmed can lead to many regrets. Take the time, think about what you want, and get educated about your options. Before hiring a lawyer, get a sense of your financial situation and what specific legal questions you have about your situation. Lawyers have limited options. Lawyers are trained to give you advice about how a judge might rule if your case goes to court. They are not trained to help you figure out your finances. Plus, many couples start wanting to divorce peacefully, but once lawyers get involved, things can turn into a quick, hot mess. So if you're going through a separation or divorce and you're wondering what your first best step is, get educated, learn your options, and find out as much information as possible before you make that first call. Navigating the complexities of separation and divorce can be an emotionally challenging and financially taxing experience for families. As a mediator and Accredited Divorce Financial Analyst (ADFA), I have developed the Soft Landing Settlement Method to help families settle their separation or divorce out of court. This method focuses on minimizing conflict, reducing costs, and ensuring a fair and equitable resolution for all parties involved. By working with a mediator and ADFA, you can benefit from a more collaborative and efficient approach to resolving your family's legal issues. Our Soft Landing Settlement Method prioritizes the well-being of your family and provides support throughout the entire process, ensuring a smoother transition into the next phase of your life. If you are ready to take the first step toward a more amicable and financially secure separation or divorce, I encourage you to schedule a Get Acquainted Call with us. Don't face the challenges of separation and divorce alone. Reach out to us today, and let us guide you through this challenging time with compassion, understanding, and the experience needed to ensure a fair resolution for everyone involved. Book your Get Acquainted Call now and take the first step towards a brighter future for you and your family. Tap Here to Schedule a Get Acquainted Call 

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. 

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: Ultimate Guide with Top Tips

Choose wisely based on the information you get, your assessment and of course, gut feeling. When meeting with your lawyer, make sure you go with all the vital documents pertinent to the success of your case.

We realize there is still so much you need to learn about finding a divorce lawyer near you. To this end, download this Ebook for greater insight on finding a family lawyer.

The ebook, Expert secrets to finding a divorce lawyer discusses in greater detail how to find the best divorce lawyers, things to do during interviews with your chosen family lawyer, and many more tips to answer your question on choosing the best divorce lawyer near you.

Family lawyer
About the Author:
Ken Maynard ADFA, Acc.FM

I assist intelligent and successful couples in crafting clear and straightforward separation agreements, ensuring a smooth transition towards a secure future. This is achieved in four meetings or less, sidestepping the excessive conflicts, confusion, and costs often associated with legal proceedings. You have the option to collaborate with me via video conference or in-person with a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

Have a few questions -  Tap here to Schedule a Get Acquainted Call

 

 

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