The cost of a divorce lawyer in Canada can vary quite bit. Divorce lawyers generally charge fees in one of two manners; some lawyers bill per hour, while other lawyers work for a flat fee. However, even lawyers that quote a flat fee may increase the fee when unforeseen problems arise. Potential problems may include divorce disagreements, such as asset distribution, debt, financial need, or guardianship of children. If both parties agree on all of the major points in a divorce, then the divorce will be pretty straightforward. Statistics show that 90% of divorces in Canada are straightforward and uncomplicated. An uncomplicated divorce can be completed, without a divorce lawyer in Canada, by using a Divorce Do-It-Yourself kit. A Do-It-Yourself (DIY) kit includes all of the necessary paperwork for both parties to fill out and file. This type of solution works well for people who are in complete agreement. If that scenario does not include your personal situation, then you should obtain the services of a divorce lawyer to avoid an unfair settlement.
Lawyers generally offer an initial consultation for free. Use the free consultation to determine if the lawyer is good match for you. The lawyer should be knowledgeable in divorce and family law, charge a reasonable fee, have years of experience, and have many positive references from previous clients. You should also ask the lawyer if anyone else will be working on your case; if so, determine if their fees are included in the quoted cost. Ask about the lawyer's billing procedure. It is generally a good idea to match payments with progression. For example, payments could be scheduled for specific accomplishments along the way. That way, the lawyer's attention to your case will not wane over time. A couple more concerns that should be addressed during the initial consultation are:
- If the lawyer is not in the office, is there someone else that can handle emergencies or answer questions?
- How quickly are telephone calls returned?
- How will the lawyer keep you informed as the case progresses?
- How will your individual case be approached?
Divorce lawyer fees do not include court costs. Court costs are administration fees that vary by province. Court fees do not include the cost of the final certificate of divorce. Court fees by province are listed below.
- Alberta: $210
- British Columbia: $312
- Manitoba: $155
- New Brunswick: $100
- Nova Scotia: $234
- Ontario: $447
- Prince Edward Island: $100
- Saskatchewan: $250
Divorces in Canada fall under the authority of the federal government. The Canadian government created a federal statute - the Divorce Act of Canada, which applies to every province in Canada. This act enables residents to divorce in any province, although there are some residency requirements that must be met. For instance, if you want to divorce in a province other than the one in which you were married, you will have to have lived there for at least one year prior to petitioning for divorce. Other requirements may be applicable to your situation. Your divorce lawyer will inform you of any requirements that apply to your personal circumstances. If you decide to divorce without a lawyer, then you may want to research divorce law before filing for a divorce. The best resources for divorce law can be found at law libraries in the courthouse, law school libraries, or municipal public libraries. Self-help divorce books are a great resource as well. They may be found at the library or in the self-help section of your local book store.
A DIY divorce does save money, but it definitely does not save time. A DIY divorce requires time spent researching laws and guidelines that are applicable to your case, filling out forms, and trips to the courthouse. If forms are not filled out properly, which is often the case when a lawyer is not used, then forms will have to be filled out again and re-filed. Costs are incurred each time documents are filed, so a few mistakes can add up very quickly. The toll of emotional stress during this time can be very daunting, especially when disagreements arise or misunderstandings of how the law works. Legalese can be difficult for most people to understand, thus making a lawyer handy. There is another option that is somewhere in between the two extremes of DIY divorce and divorce lawyers; this option involves a hybrid of sorts - a divorce specialist that files a DIY divorce for you. They will help you through the entire process. Divorce specialists are often retired professionals that are up-to-date on divorce and family laws. They use their professional knowledge to fill out all of the necessary papers for you. Divorce specialists offer information about divorce. However, they do not offer legal advice. Divorce specialists provide a great service to someone seeking a DIY divorce - one that is uncomplicated and straightforward. If your divorce includes such complications as business assets, debt, financial need, or children, you are better off using the services of a divorce lawyer to ensure that you receive a fair settlement.
The actual cost of divorce varies not only with each type of divorce, but with each individual case as well. Divorce lawyers in Canada often charge around $2,000 for a divorce, while Divorce Specialists - who are not current divorce attorneys - charge around $200 to $400. A DIY divorce book that includes the necessary papers can be found as cheap as $45. However, with each method there are associated fees, such as fees for filing papers, court costs, certificate fees, and maybe more depending on your situation. Each divorce situation is unique and should be treated as such. A lawyer can help you obtain the outcome you want, and decrease the level of emotional stress a DIY divorce can create. Always inform your divorce lawyer about your specific situation. It is important not to hide details that might come out later. The more knowledge he has about your situation, the better off you will be.
Here are additional resources you might be interested in:
How to Conduct a Do It Yourself Divorce in Canada
Divorce Information in Canada
There's an excellent ebook about deciding whether to
Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.
If you're on the verge of having a divorce, read this to
Save Your Marriage.
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