How Much Does a Divorce Cost in Ontario?

The two kinds of cost

Every divorce has two kinds of cost: court fees paid to the province, and legal fees paid to a lawyer if you hire one. You may also pay disbursements, such as process servers, courier charges or a certified copy of your marriage certificate.

Court fees are fixed and fairly low. Legal fees vary widely, because they depend on how much work your case needs.

Court fees for a divorce

Ontario charges two court fees for a divorce application:

• A fee when you file the divorce application.
• A second fee of $445 when you file the documents asking the court to grant the divorce order.

Together these come to roughly $660. Fees are set by regulation and can change, so confirm the current amounts with the court office or the Ontario government before you file.

If you cannot afford the fees, you can apply for a fee waiver. If it is granted, you do not have to pay most court fees.

Uncontested vs contested divorce

An uncontested divorce is one where you and your spouse agree, or have already settled, every issue: parenting, child support, spousal support and property. Only the divorce itself is left. This can be done as a joint application, or as a simple application by one spouse when the other does not oppose it. It is usually the least expensive route.

A contested divorce is one where one or more issues are disputed. The divorce is then part of a wider court case with disclosure, case conferences and, if needed, a trial. Each step adds preparation and court time, which is where most of the cost comes from.

Many couples settle the disputed issues in a separation agreement first, then file a simple or joint uncontested divorce.

What drives legal fees

• The number of issues in dispute. Parenting, support and property are each separate pieces of work.
• Whether the case goes to court. Negotiated and mediated settlements usually cost far less than litigation.
• Financial complexity. Self-employment income, a business, pensions or property outside Canada take more time to value and disclose.
• Cooperation. Prompt, complete financial disclosure from both sides keeps costs down. Delay and missing documents drive them up.
• Urgent steps. Emergency motions, such as for parenting or exclusive possession of the home, add cost.

How long a divorce takes

You can get a divorce once you and your spouse have lived separate and apart for at least one year. The one-year wait does not apply where the divorce is based on adultery or cruelty. You can file before the year is up, but the divorce cannot be granted until it has passed.

The court must also be satisfied that reasonable arrangements have been made for the support of any children. Processing times vary by court. Once the divorce order is made, it takes effect 31 days later, unless there is an appeal, and you can then ask for a certificate of divorce.

How to keep costs down

• Gather your financial documents early: tax returns, notices of assessment, pay stubs, bank and pension statements.
• Try to settle parenting, support and property before filing, through negotiation or mediation.
• Use a lawyer for specific steps, such as reviewing a separation agreement, if you cannot afford full representation.
• Do not sign an agreement or consent order before getting legal advice. Fixing a bad agreement later costs much more.

How SLG Lawyers can help

SLG Lawyers helps with separation agreements, uncontested and contested divorces, parenting, support and property division. We give you a written fee estimate before any work begins, and we accept Legal Aid Ontario certificates for eligible family law matters. Meet us at our Ajax office or by video anywhere in Ontario. See our family law services and our guide to family court in Durham Region.

Sources

• Steps to Justice: Give your application to the court
• O. Reg. 417/95: Superior Court of Justice, Family Court fees
• Divorce Act (Canada)
• Legal Aid Ontario: Family legal issues