Process for Divorce

When it comes to the process of divorce, time and cost sometimes go hand in hand. In such cases giving a sort of ballpark figure to someone who is coming in for a straight divorce is easy, but when it involves issues like child custody, financial issues, or property division, determining timelines and costs itself plays a crucial role.

If a client says that he or she already agreed on certain issues with his or her partner (could be verbally or in writing), then drafting a separation agreement can be dealt with more quickly. But then if it’s in the agreement with the proposed terms then the process will move along smoothly and in a timely manner.
Sometimes the delay does not necessarily entail an extra legal fee, but it still can be a matter of the other side not quickly providing certain things that we need for settlement like financial disclosure etc. There may, for example, be some issues where the payer for child support may be self-employed, so time is taken to determine what the payer’s actual income is. He or she may not be disclosing certain information and finding them would take a long time as well.
However, if things drag out for a long period of time further letters may need to be written, which adds to the client legal fees.
If the parties are very acrimonious for example, issues of custody and access, the case could end up in court in litigation. Private assessments may need to be completed, which can be costly to both sides. Therefore, it’s difficult to advise a client at an initial meeting, how much their matter will cost and how long it will take to resolve.


If you, or someone you care about, is dealing with a family law issue in York Region, Durham Region or Toronto, contact Feldstein Family Law Group for a consultation.

This article is taken from a December 22, 2009 interview with Sanja, Family Lawyer with Feldstein Family Law Group, a Toronto Ontario Family Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.