Hiring the Right Divorce Lawyer for your Ontario Separation – 2024
Are you aware of the qualities to look for in the best divorce lawyer in Toronto, or anywhere in Ontario for that matter? Finding an Ontario divorce lawyer who aligns with your needs can be a challenging task. It requires diligent research and a thorough reading of divorce lawyer reviews. It’s essential to familiarize yourself with the legal service providers in your area and understand the associated costs. While it’s tempting to be drawn to the divorce lawyer with the most sophisticated website, the largest practice, or the most publicity, remember that these factors don’t necessarily indicate the best fit for your situation
But proceed with caution. A divorce lawyer who’s regularly in the media, handling the most high-profile cases could well be a divorce lawyer who rides roughshod over the legal process. Not to mention the feelings and emotions of their clients and their families to gain exposure for themselves, often at great expense to their clients.
Of course, you will want to consider recommendations for divorce lawyers from friends who’ve been through their own separation. But be wary of lawyers whom family or friends describe as the ‘toughest in town’. That might sound tempting if you’re wanting to give yourself the best chance of getting a divorce settlement in your favour, but it’s likely to be a passport to long-lasting, bank account-draining litigation that will leave you and your family financially and emotionally damaged.
Hiring the Best Divorce Lawyer top 10 considerations
So how do you choose your separation and divorce lawyer?
Here are ten key things you need to consider before you hire an lawyer:
Don’t get carried away by divorce lawyers who are part of a big full service law firm with offices all over the world and a website with all the bells and whistles.
Most of the best divorce lawyers will be working in firms of ten or less lawyers. Bigger law offices will just have a couple of divorce lawyers who will usually be there to handle work generated by their corporate client base. What’s more, big firm lawyers are likely to charge much higher fees (how do you think they afford that website?). And the pressure is usually on for big firm divorce lawyers to rack up the billable hours. That often means they’ll delegate work to their associates and bill your for their associate’s time as well as their own.
Factor in the time for their secretaries and paralegals, plus the charges they’ll levy on you every time they pick up the phone to talk to another lawyer, and it’s easy to see how costs can soon escalate.
If you want some figures to show you divorce lawyers price difference between small and big firms, I recently heard of a case where a husband went small firm, and his estranged wife opted for a partner at a major firm. Both divorce lawyers had a similar background and level of experience. The husband’s legal fees totalled $23,000. The wife paid $85,000. Same case. Same level of lawyer.
The last thing you need in an already emotionally fraught divorce case is a lawyer who’s over-excitable or too readily prepared to use your indignation and anger to ‘get one over’ on your spouse, and turn the already adversarial divorce process into an all-out public battle.
Look instead for a divorce lawyer who takes a pragmatic approach to your case. Who seeks calm, not conflict. Who looks to solve problems in a timely manner, rather than create them.
Don’t be taken in by lawyers who try to play up the injustices of your situation and urge you to seek vindication in a court of law. They’ll make out like they are the gladiators going into battle to fight your corner. It’s all stirring stuff for sure, but be prepared for expensive and drawn-out legal battles that will most likely end a couple of years down the line with that self-same gladiatorial lawyer meekly suggesting you be pragmatic and settle with your partner out of court. All that expense and anguish for something that could have been sorted out amicably far more quickly and cheaply.
How do you find out what type of divorce lawyer someone is? Again, you need to ask. Ask how many cases they take to trial per year. If they say anything above three or four, run a mile. That’s way too many and suggests they are not doing enough to reach a divorce settlement out of court.
Also ask about the percentage of their cases that are settled. Less than 95% should get you suspicious. You want a family lawyer who gets cases settled out of court and uses litigation as a very last resort. Enquire about fees and how they work too. You don’t want a lawyer who obsesses about unimportant or unnecessary details. You want a lawyer who sees the bigger picture and who realises the importance of the long-term well-being of you and your family.
And finally, but perhaps most importantly, ask whether at the end of divorce proceedings you can still expect to be on speaking terms with your former partner. You want a lawyer who’s committed to helping you keep things amicable.
While lawyers who promise you the world and vow to get you the best divorce settlement known to mankind are likely to be the lawyers who attract your attention, you really want to avoid warrior-style divorce lawyers at all costs.
Sure, your divorce lawyer needs to be assertive. There’s no room for shrinking violets in this line of business. But there’s no room for aggression either. Aggressive lawyers are likely to antagonize your partner and their legal representatives and that can just stir up a whole world of trouble.
Seek a divorce lawyer who takes a rational approach to your situation. By quietly asserting their point of view, your lawyer will make much more of a positive impact than the lawyer who makes their point angrily and aggressively.
Run from these angry lawyers, and those who brag about all those courtroom battles they’ve won. You want a divorce lawyer who can reach a settlement without needing to set foot in a court of law.
Again, it’s only through discussion prior to hiring a divorce lawyer that you’ll be able to discover whether they are aggressive or assertive. Find out how they see the world. Are they a pessimist or optimist? Do they see people as generally decent or dangerous?
How a divorce lawyer thinks about people and the world will ultimately shape how they approach your divorce case. Avoid the suspicious or hostile or pessimistic lawyer at all costs.
If you don’t have children, you can skip this point. But if you do, it’s vital you read this, because if you and your spouse have any disagreements regarding how parenting responsibilities will be shared between you, the advice you get from your divorce lawyer will be crucial.
That’s why it’s important that your lawyer has experience of the real world, especially when it comes to children. If they have children of their own that counts in your favour, as they are likely to have an understanding of the emotional and financial implications divorce can have on families with children.
So ask your lawyer if they have children and the role they play in their upbringing. Get to know a divorce lawyer’s approach to children, and you’re likely to get a good idea of the kind of settlement they’ll help you reach when it comes to your children and your divorce.
Even if you select to settle your divorce through mediation, you’re still going to need the services of a divorce lawyer. That’s especially true if your divorce mediation fails or only partially resolves your differences.
However, some divorce lawyers will turn up their noses at the thought of mediation. To them it’s distasteful and not really what divorce is about – remember, they work in an adversarial not amicable way.
But there are divorce lawyers out there who see the benefits of mediation and who will support you in your quest to arrive at a successful divorce settlement through mediation. These are the divorce lawyers you want to find. So ask them how many cases they’ve had where their client has had a successful mediation. Any experienced divorce lawyer who can’t point to multiple cases in which their client has enjoyed a successful mediation probably doesn’t really support the mediation process and should be avoided.
There are some lawyers who have a reputation for ruining any mediation they get involved with. I personally know of several, and when clients tell me they are going to hire one of those lawyers, I simply tell them not to waste their time with mediation, because I know it’s going to get nowhere.
Other divorce lawyers will insist on being present at every mediation session, and while there’s sometimes a good reason for them to attend mediation with you, there’s absolutely no need for them to be there all of the time. If they are, they will undoubtedly try to take over the session, going against the purpose of mediation which is to ensure the spouses themselves control the sessions with guidance from the mediator.
What’s more, having lawyers present during mediation ramps up the price, as you and your spouse will end up paying for 3 professionals rather than just one. And trying to arrange times when all three are available? Well, good luck with that!
The whole point of divorce mediation is to reduce the role of lawyers in a divorce. Lawyers know that and don’t much like it. But don’t let them elbow their way into sessions where they’re not needed.
Choose instead, a family lawyer who will demonstrate the patience mediation requires to explain the various technical and legal aspects. This doesn’t come easy to some lawyers who are used to having clients who rarely ask questions and blindly trust their judgement.
And remember, much mediation can be conducted without lawyers. Just do your preparation, and get yourself a lawyer who’s prepared to talk you through any complexities that might confuse you. If a divorce lawyer can do this with grace and patience, they’re good for you. If they make everything sound complicated or talk to you in a condescending manner, keep looking for your ideal lawyer.
If your divorce lawyer is someone who’ll do whatever it takes to get a result, including resorting to dirty tricks, do not hire this lawyer. Lawyers tricks and tactics will not help you reach an amicable divorce. But once you’ve had a professional consultation with them, they will be regarded as ‘conflicted out’, which means they won’t be able to represent your spouse in any divorce.
That’s why you’ll sometimes be advised to have consultations with lawyers who have a reputation as being predators, because even though it might cost you some money, you can rule them out of the case by preventing them from representing your spouse.
So what do we mean when we say dirty tricks? Unfortunately, there are divorces that have been subject to all kinds of foul tactics:
- Raiding the family bank account or safety deposit boxes
- Using the threat of a custody battle to secure financial gain
- Threatening to seize the family assets
Any divorce lawyers who support such tactics should be avoided, as their presence will almost certainly prevent you from securing a soft landing.
So how much does it cost for a divorce lawyer? While there aren’t any worthwhile divorce lawyers who come cheap, there is a vast difference between the fees charged by lawyers who basically have the same skills and experience.
One of the first questions you’ll need to ask during a divorce lawyers consultation is what’s that particular divorce lawyers hourly rate? Ask about their billing practices and their expectations for your case. Do your research beforehand, so you’ll know what’s reasonable in your area. Get them to supply you with the names and contact information of other lawyers or accountants they’ve worked with.
Any lawyer who’s charging the average rate for your area is worth consideration. Lawyers who are charging way above need avoiding.
Here’s a guide to the prices for family lawyers in Toronto, Ontario. This will give you an answer to the question: how much do lawyers charge per hour in ontario?
Top rated divorce lawyers in the Greater Toronto Area (GTA) will charge $400-1000 per hour
Outside the GTA it’s $350-600 per hour
As in most areas if life, the more experienced the individual, the more they are likely to charge for their services. Many divorce lawyers have clients who’ve been unwilling or unable to pay their fees, which is why many look to secure a substantial retainer fee that ensures they get paid in advance. Retainers will secure you the services of that lawyer for a specified time, after which you’ll have to pay another retainer to keep their services. It’s not uncommon for retainers to reach $25,000. However, most divorce lawyers will usually look for between 15 to 20 hours of payment in advance.
But you can avoid paying a retainer altogether if you and your spouse are determined to enter mediation to resolve your differences. That way you can tell your divorce lawyer that you will pay them at the end of every consultation. Most reasonable divorce lawyers will agree to payment on these terms, and you should require around 5 hours of a divorce lawyers consultation time to resolve your differences, so big money retainers simply aren’t justified.
When it comes to cost comparisons, there really is no contest in divorce lawyers vs mediators. Divorce lawyers will prove way more expensive pretty much every time.
Of course, if you want to swerve mediation altogether, then the fee you’ll end up paying your divorce lawyer will depend on:
- How demanding you are of your lawyer’s time
- If you need regular reassurance or clarification about certain matters
- How many times you phone your lawyer (they will charge you for every call, which could cost you several thousand dollars per case)
It follows that the less you need to engage your lawyer in your divorce, the less you will have to pay them. To keep lawyers at arm’s length for as long as possible means you and your spouse will need to find ways to negotiate between yourselves. Try and come to agreement about things like parenting and finances without embroiling expensive lawyers in the matter. The more you and your spouse involve your lawyers, the more your divorce will cost you. It’s really that simple.
Watch out too, for lawyers who are too detail obsessed. Some, for example, will insist on seeing every cheque you and your spouse have written in the last 5 years. This isn’t always necessary and can be seen as a tactic to get you paying more for their services. With such lawyers, it’s a good idea to get them to seek your consent every time they propose to, for example, make a demand for depositions, expert reports or file court motions. That way you will at least have some control over costs.
As regards divorce lawyers fees, it’s also well worth noting that there’s no data that exists to show the bigger the legal fees you pay, the bigger your chance of success. If you pay big fees in a divorce, it’s because you’ve frequently called on or required the services of your divorce lawyer. And usually this happens in angry and aggressive divorces. Every dollar you and your spouse spend on legal fees shows just how much you both have failed to mutually reach an amicable agreement concerning your separation.
There’s nothing worse than a divorce lawyer who simply doesn’t have the time to commit to your case. As you search for a divorce lawyer, you’ll find some lawyers who are maybe just starting out will have plenty of time for you as they have few other clients. Others may be so overloaded with work, they will almost certainly hire associates to do much of their work for them.
If your divorce lawyer is from a well-managed practice, they should have ample time for you, because they will have taken on just the right amount of work they can handle.
If not, well, you can spot an overworked lawyer a mile off:
- They take ages to respond to your calls or a call from your spouse’s lawyer
- They file documents at the last moment
- They seek delays and adjournments to legal proceedings because they haven’t had time to deal with matters
Overworked lawyers aren’t good for a number of reasons:
- They’re likely to be stressed and therefore not able to give you their best work and full attention.
- They will cause your case to be delayed and dragged out, leaving your family to spend more time in limbo before anything gets resolved
In a divorce, you want a settlement reached sooner rather than later, and a lawyer who has the time to commit to your case will get you that settlement more quickly.
Divorce lawyers advocate for one party while mediators facilitate negotiations between both spouses
Divorce lawyers and mediators serve distinctly different roles in the separation process. A divorce lawyer acts as a legal advocate, representing one spouse’s interests throughout court proceedings and negotiations. A mediator remains neutral, helping both parties communicate effectively and reach mutually acceptable solutions.
Key differences include:
- A divorce lawyer provides legal advice and representation to their client only
- A mediator works with both spouses simultaneously to facilitate agreement
- Lawyers can represent clients in court; mediators cannot
- Mediators focus on collaborative problem-solving rather than advocacy
- Legal fees typically cost more than mediation services
Many couples benefit from using both services – mediation for dispute resolution and lawyers for legal protection and advice.
A lawyer cannot ethically or legally represent both spouses in a divorce due to conflict of interest
Legal representation in divorce proceedings requires strict adherence to professional ethics and client advocacy. A single lawyer cannot effectively serve both parties because they often have competing interests and different desired outcomes. Each spouse requires independent legal counsel to ensure:
- Fair representation of individual rights and interests
- Protection of personal assets and financial interests
- Unbiased legal advice specific to each party’s situation
- Confidential attorney-client communications
- Proper negotiation of important matters like child custody, support, and property division
Yes, you can change divorce lawyers at any time during proceedings, though careful planning is essential.
Switching legal representation during a divorce is your right, but requires thoughtful consideration and proper steps. A smooth transition is crucial to avoid delays in your case.
- Review your current retainer agreement to understand any financial obligations
- Request a complete copy of your case file from your current lawyer
- Find and retain new counsel before formally dismissing your current lawyer
- Ensure proper notification to the court and opposing counsel
- Allow time for your new lawyer to review your case thoroughly
The transition process typically takes 2-3 weeks, during which your new lawyer will need to file a Notice of Change of Representation with the court. Remember that switching lawyers may result in additional costs and temporary delays in your proceedings.
Consult a divorce lawyer immediately after deciding to end your marriage
The moment you’re considering divorce, seeking professional legal counsel is crucial for protecting your interests. Early consultation with a divorce lawyer helps ensure you understand your legal rights and obligations before making any decisions that could impact your future.
- Get expert guidance on property division and financial matters
- Understand your rights regarding child custody and support
- Receive help with document preparation and legal requirements
- Avoid common mistakes that could harm your case
- Access referrals to other professionals like divorce mediators or financial analysts
Even if you’re pursuing an amicable separation, having legal representation ensures your interests are protected throughout the divorce process.
A quality divorce lawyer demonstrates clear communication, responsiveness, and strategic advocacy while keeping you informed throughout your case.
An effective divorce lawyer should consistently demonstrate professional excellence through several key behaviours and practices:
- Maintains regular communication through calls, emails, or meetings
- Provides clear explanations of legal processes and options
- Offers realistic expectations about outcomes and timelines
- Responds to inquiries within 24-48 business hours
- Keeps detailed documentation of all case developments
- Demonstrates strategic thinking in negotiations and court proceedings
- Shows transparency about fees and billing practices
- Makes decisions that align with your best interests and stated goals
If your lawyer consistently falls short in these areas or leaves you feeling uninformed about your case’s progress, it may be time to discuss your concerns or consider alternative representation.
Your initial divorce consultation typically involves discussing your situation, legal options, and next steps
The first meeting with a divorce lawyer is a crucial step where you’ll have a detailed discussion about your unique circumstances. A qualified family law attorney will guide you through several important aspects of your case.
- Review of your current situation, including marriage length, children, and specific concerns
- Discussion of your legal rights and obligations under Canadian family law
- Overview of the divorce process and potential timeline
- Explanation of important financial considerations and property division
- Assessment of child custody and support matters, if applicable
To make the most of your consultation, bring relevant documentation such as marriage certificates, financial statements, property records, and any existing legal documents. The lawyer will outline their fee structure and help you understand the next practical steps in your divorce journey.
Hiring a divorce lawyer involves research, consultations, and careful evaluation of credentials and costs.
Finding the right divorce lawyer requires a systematic approach to ensure you get qualified representation for your case. Here are the essential steps:
- Conduct thorough online research through provincial law society directories and legal websites
- Read client reviews and testimonials to gauge reputation and success rates
- Schedule initial consultations with 2-3 potential lawyers to discuss your case
- Verify their credentials and specialization in family law
- Review their experience handling similar cases in your jurisdiction
- Discuss and understand their fee structure and billing practices
- Carefully review and sign a retainer agreement that outlines all terms and conditions
Consider also consulting with a divorce mediator or financial analyst to understand all your options and potential financial implications before proceeding with legal representation.
Divorce lawyer fees in Canada typically range from $250 to $650 per hour, with additional costs for court filings and administrative work.
The total cost of hiring a divorce lawyer varies significantly based on several key factors:
- The lawyer’s experience level and reputation
- Your geographic location (urban centres typically charge more)
- The complexity of your case (assets, children, disputes)
- Whether you need court representation or just legal advice
- The billing structure (hourly rates vs. flat-fee services)
Many Canadian divorce lawyers offer initial consultations at reduced rates or no cost. Some may provide flat-rate packages for uncontested divorces, typically ranging from $1,200 to $3,500, while complex contested divorces can cost significantly more. It’s essential to discuss fees, payment terms, and receive a detailed retainer agreement before proceeding.
Research local divorce lawyers through recommendations, reviews, and professional credentials
Finding the right divorce lawyer requires careful evaluation to ensure they can effectively handle your specific situation. Start by gathering information through multiple channels to make an informed decision.
- Ask trusted friends, family members, and colleagues for personal recommendations
- Search the Law Society of Canada directory for certified practitioners
- Read online reviews and testimonials from previous clients
- Verify their specialization in family law and divorce cases
- Schedule initial consultations with 2-3 potential lawyers
- Consider their experience with cases similar to yours
- Evaluate their communication style and responsiveness
- Confirm their fee structure and payment terms
Consider consulting a divorce mediator or financial analyst first, as they can provide valuable insights and potentially refer you to lawyers who match your specific needs and circumstances.
Focus on detailed reviews that highlight professional conduct, communication quality, and proven track record
When evaluating divorce lawyer reviews, prioritize feedback that discusses specific experiences and outcomes rather than vague praise. Look for reviews that address:
- Professional conduct – Including punctuality, organization, and ethical behaviour
- Communication style – How well they explain legal processes, response time, and accessibility
- Case management – Their strategy, attention to detail, and ability to meet deadlines
- Cost transparency – Clear billing practices and upfront fee discussions
- Courtroom performance – Experience with similar cases and negotiation skills
Remember that each divorce case is unique, so focus on reviews that reflect circumstances similar to yours. Recent reviews typically provide more relevant insights into the lawyer’s current practice standards.
Yes, specialized divorce lawyers exist who have expertise handling cases involving narcissistic personality traits
Many family law practitioners have developed specific expertise in managing divorces involving high-conflict personalities and narcissistic behaviour patterns. These specialized lawyers understand the unique challenges of dealing with manipulation, gaslighting, and emotional abuse that often occur in these cases.
These legal experts typically offer:
- Strategic guidance for documenting and managing manipulative communications
- Experience with parallel parenting plans for custody arrangements
- Knowledge of protective court orders and enforcement mechanisms
- Understanding of how to maintain professional boundaries during proceedings
- Expertise in gathering evidence to counter false narratives and allegations
Yes, many family law firms offer specialized legal representation focused on men’s divorce rights and interests
While all divorce lawyers can represent either gender, some practitioners specifically focus on addressing the unique challenges men often face during divorce proceedings. These men’s divorce specialists typically have extensive experience handling issues such as:
- Child custody and parenting time arrangements
- Fair division of matrimonial property and assets
- Spousal and child support calculations
- Protection of business interests and investments
- Defence against false allegations or bias
These lawyers understand how to effectively advocate for fathers’ rights and ensure their male clients receive equitable treatment throughout the divorce process. While any qualified family lawyer can provide excellent representation, some men feel more comfortable working with attorneys who specialize in male-specific divorce concerns.
Divorce lawyer costs in Canada typically range from $1,500 to $15,000+ depending on case complexity
The cost of hiring a divorce lawyer varies significantly based on several key factors. Hourly rates typically range from $150 to $600 per hour, with experienced lawyers in major cities commanding higher fees. The total cost depends on your specific situation and requirements.
Common factors affecting legal fees include:
- Case complexity – contested vs. uncontested divorce
- Geographic location – urban centres generally have higher rates
- Lawyer’s experience level – senior lawyers charge premium rates
- Required services – documentation, court appearances, negotiations
- Asset division complexity – property, investments, businesses
- Child custody arrangements – if applicable
Most lawyers require an initial retainer fee ranging from $2,000 to $5,000, which is applied against future billings. Many offer free initial consultations where you can discuss fees and payment arrangements. Always get a detailed fee structure in writing before proceeding.
Hear what others have to say
Video: Interview: The Litigants Prospective
Conclusion: For the right divorce lawyer:
Links to additional resources you may find useful
- Families in Transition – Family Service Toronto: FIT supports the emotional well-being of children and adults experiencing significant changes due to separation/divorce.
- Community Resources: Family Service Association offers counselling, parenting, and support for separating, divorcing, and remarrying families, as well as addressing violence/abuse.
- Programs for Children Experiencing Separation and Divorce: Provides therapeutic emotional support to help children navigate their feelings about divorce, including reconciliation fantasies and self-blame.
- How can I do Family Transitions Triple P?: Family Transitions Triple P helps separated or divorced parents manage stress, anger, child’s behavior problems, and conflict with the ex.
- Families in Transition – torontocentralhealthline.ca: Provides planned brief interventions to support child adjustment to parental separation, divorce, and remarriage, offering one-on-one and family sessions.
- Resources and Supports for Ontario Families: Offers information on contacting local Children’s Aid Society or Indigenous Child for concerns about child safety and well-being.
- Families Change Ontario: Provides guidance for teens coping with family break-ups and helps kids ages 6-12 understand separation, divorce, and the subsequent changes.
- SUPPORTING CHILDREN WHEN PARENTS PART: Describes the FIT FIRST STEPS seminar aimed at reducing service wait times and addressing parental concerns with counsellors.
- New Program Helps Parents Manage Emotions During and After Separation and Divorce: Family Transitions™ program offers support to parents navigating separation or divorce, helping them manage emotions.
- Helping Children and Youth Live with Separation and Divorce: Focuses on helping children adjust to new parental relationships and blended families, providing resources for managing these changes.
- Resources for Youth Experiencing Parental Separation: FIT program provides services to families in Toronto, helping them navigate the challenges of separation and divorce.
- Family Transitions – Triple P: A 5-week group program that promotes healthy transitions for parents going through separation or divorce, addressing anger and resentment.
- Family Service Toronto | For People. For Change.: Offers a range of services including parenting, relationships, seniors’ care, and support for separation, divorce, and remarriage.
- Resources – Family Support: Offers programs for bereaved families, and support for parents and children experiencing separation and divorce.
- What is Separation and Divorce Counselling?: Provides guidance for families to cope with separation and divorce, offering strategies to minimize conflicts.
- Separation and Divorce Counselling in Toronto, Ontario: Helps families navigate the tough transition of separation and divorce in a healthy manner.
- Family Service Toronto: Offers planned brief interventions to support child adjustment to parental separation, divorce, and remarriage.
- Separation and Divorce : Peel Regional Municipality, ON: Provides publicly funded and free services to support families in Ontario, including financial support assistance.
- Child Witness Program – Orangeville: Offers services and resources to women and their children who have experienced abuse, helping them develop or maintain healthy relationships.
- Parenting Programs: Offers programs such as Cooperative Co-Parenting through Separation/Divorce, shielding children from parental conflict.
Ken Maynard CDFA, Acc.FM
I assist intelligent and successful couples in navigating the Divorce Industrial Complex by crafting rapid, custom separation agreements that pave the way for a smooth transition towards a secure future. This efficient process is achieved in about four meetings, effectively sidestepping the excessive conflicts, confusion, and costs commonly linked to legal proceedings. Clients have the flexibility to collaborate with me either via video conference or in-person through a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.
