Family Lawyer Fees in Ontario – How Much Does a Divorce Cost in Canada?
The cost of divorce in Ontario depends primarily on the Toronto family lawyers’ charges and whether it is a contested or uncontested divorce. It’s difficult to predict the attorney’s legal fees and court fees because you cannot tell when the divorce will be finalized. Here’s a brief overview of the cost of a family lawyer in Canada and how to decide if the legal fees of divorce in Ontario match the value of the legal practitioner you’re considering.
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Factors that Determine the Total Cost of Your Divorce in Ontario:
1. The nature of your relationship determines the type of divorce and cost of divorce
In Ontario, divorce could either be contested or uncontested. In a contested divorce, both partners are in disagreement about the divorce or the terms of the divorce such as access, child custody, and child support payments or property division. In a contested divorce, you may be required to retain your attorney and the court has to intercede. In amicable divorces, such as an uncontested divorce, both spouses are in agreement and have signed a separation agreement to solve issues related to their divorce. In most cases, contested divorces are more stressful and costly than uncontested divorces.
2. Assets and debts affect the filing fees of the divorce in Ontario
If you have a significant pool of assets such as homes, jewelry, retirement plans, bank accounts, or other complex financial circumstances involving business partnerships or investments, the process of divorce could cost more. This is because your attorney has to work with other professionals to analyze large complex estates to determine value and character. Character refers to ownership of property which could be jointly-owned or separate. The cost of hiring these professionals – for the best resolution of the division of property – can be expensive.
3. You need to account attorney fees in the total divorce cost
Some attorneys charge an hourly fee and other charges related to your case such as file set up fees and cost of copies.
According to the Canadian Legal Fees Survey, the actual cost for divorce averages $1,353 for an uncontested divorce and $12,875 for a contested divorce. Taking the divorce to court could cost you over $50,000. Although divorce is expensive, failure to file for divorce and choosing to live with your spouse could negatively affect you. Discussed below are the potential reasons for not getting a divorce.
- If you have separated, you have no control over how your spouse is managing your marital assets. If he’s getting into debt, so are you. The long-term separation could also provide an opportunity for him to make sure that certain assets are not available during divorce settlement
- Living with an abusive partner could have detrimental effects on your mental health. If a relationship is in a stage of emotional abuse, the abused person loses trust in the people close to him or her
- Physical and emotional abuse could damage self-confidence and self-worth. Most abusers focus on areas where the abused person has self-esteem issues such as weight, intelligence or physical appearance
- Dealing with emotional abuse for a long time could cause extreme stress which can manifest itself through headaches, back pain or neck pain
Cost of Uncontested Divorce in Ontario
Calculating the price of going through a divorce proceeding can be complex, even for simple, uncontested divorce in Canada. It may be tempting to avoid divorce lawyer fees and pay the bare minimum court fees, but the actual cost of doing so may turn out to be surprisingly expensive in the long run.
Since the dissolution of marriage rarely occurs without feelings of enmity, you should consider the downside of avoiding conflict during divorce proceedings.
1. Basic Court Fees: How Much Do Divorce Papers Cost?
In Ontario, most divorce proceedings, including cases that are uncontested, require the payment of court fees. The first payment must be made when filing your papers, consisting of a $157 court fee along with a $10 fee collected for the Department of Justice. A fee of $280 must then be paid before the court reviews your divorce case, adding up to a total of $447.
2. Fee Waiver
When filing for divorce, you may be eligible for a fee waiver if you meet these financial eligibilities:
- You receive primary income from:
- The Ontario Disability Support Program
- Ontario Works
- War Veterans Allowance
- Canada Pension Plan
- Old Age Security Pension alongside a Guaranteed Income Supplement
- Family Benefits Act
Alternatively, you may meet eligibility if your household has the following financial profiles:
- Household net worth of $6,000 or less
- Household liquid assets of $1,500 or less
- Monthly income of $1,500 or less for a 1 person household
- Monthly income of $2,250 or less for a 2 person household
- Monthly income of $2,583 or less for a 3 person household
- Monthly income of $3,083 or less for a 4 person household
- Monthly income of $3,583 or less in a household of five or more persons.
If the court determines that you are eligible for a fee waiver, you will receive a certificate that you must present to personnel processing the paperwork and payments for your case. Your fee waiver certificate remains valid throughout your court case.
You should note that the fee waiver applies only to court fees, and will not pay for transcripts, examiner fees, disbursements and other costs that may be related to your case.
3. The Hidden Costs of Uncontested Divorce
In a study published by the Ontario Civil Justice Review, the author compares the cost of hiring a civil trial lawyer to the disbursements typically paid during an uncontested divorce. The findings reveal that the cost of hiring a lawyer for a trial is less than the typical disbursement given for an uncontested divorce proceeding.
These findings strongly imply that those who settle or those who get an uncontested divorce are more likely to pay a large settlement. Therefore, despite the potential for savings by avoiding litigation, the final cost of an uncontested divorce is more expensive when spousal support costs are considered.
If you’re on the other side of the equation, agreeing to an uncontested divorce may prevent you from receiving the spousal support you deserve. The temptation to avoid conflict may, in the long run, create financial problems that could have been avoided by hiring a lawyer and fighting for your fair share after your relationship dissolves.
The Value Of A Good Family Lawyer
The cost of a lawyer—and, more importantly, the value to you—cannot be measured in hourly fees alone. It’s key to get a family lawyer who has the knowledge and provides the services and legal advice you need. A lawyer who is starting out and offers a discount might not be a good choice, particularly if there are issues with custody, support and division of assets. And a lawyer who practices family law but doesn’t specialize in it may not have the skills necessary to handle a complex case.
You also need a family lawyer who you trust and who keeps you informed. The Ontario Ministry of the Attorney General points out:
A lawyer can help you understand the issues that may be involved in your case and the effects that a divorce may have on your rights and obligations.
Knowing where you stand is essential to making the right decisions.
Ultimately, a divorce lawyer who makes you feel comfortable revealing the personal details of your marriage and financial affairs necessary to represent you, who understands family law thoroughly and who will explain your options to you is worth the cost.
Free Divorce Consultation
Request a Free Consultation with our trusted family lawyers in Toronto, Markham and Oakville to explore your options and the expected costs in your unique divorce situation.
Useful Resources About Getting Divorced in Ontario:
- How Long Does it Take to Get Divorced in Ontario?
- Collaborative Law
- Alternative Dispute Resolution: Arbitration vs Mediation
- Separation Agreement Checklist
Other Frequently Asked Questions About Divorce in Ontario & Family Law
What’s the difference between a separation and a divorce?
One of the main differences is that in a divorce, both partners sign a divorce agreement and file the necessary paperwork in the counties in which they are seeking a divorce. In a separation agreement, both parties have a legally binding agreement that settles their issues.
Must both of the spouses live in Ontario to get a divorce?
For the divorce to be granted, only one of the spouses must have lived in Ontario for at least 1 year. Both you and your spouse need to be separated for at least one year. You can read more about the application for divorce here.
Can the court grant me a divorce if I have a marriage certificate issued by another county?
The court can grant you a divorce even if you were married in another jurisdiction. You can successfully apply for a divorce if you or your spouse has lived in Ontario for at least 12 months.
What should I do after I have been served with divorce papers?
Once the divorce papers have been served, you have 2 years to consent to the divorce. Choosing to ignore the papers could cause you to lose your legal rights. Contact a divorce lawyer as soon as you get the divorce papers so that he or she can assist you.
How long does it take to get a divorce in Ontario?
It can take four to six months in average from filing your application up until your divorce takes effect. However, several factors will determine how time-consuming and difficult process it will become. In general, the more you and your spouse are able to cooperate, the faster the divorce process will be.
Do I need to attend court proceedings?
You’ll not be required to attend court proceedings if you’re being represented by a divorce lawyer. However, you will need to retain a lawyer for an additional fee. If it’s a contested divorce, it’s advisable to attend court proceedings.
What papers do I need to prepare for the divorce process?
Your lawyer may ask you to provide a copy of the following documents; Your tax returns, Deeds to all property owned by you or your spouse, Declaration forms of all life insurance policies, Tax bills for real estate property, Net worth statements, Records of bonds, stocks and brokerage accounts. You can read more about the divorce process here.
Should I postpone my appointment if I cannot find all these documents?
You don’t have to postpone your appointment; your divorce lawyer will guide you through the legal procedure required to obtaining those documents.
We Know Family Law, Contact Fine & Associates
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