7 Steps to Take Before Hiring a Divorce Lawyer in Toronto

Divorce is never easy. Whether you're ending a short marriage or separating after years together, the process comes with legal, financial, and emotional challenges. Hiring a divorce lawyer can help you navigate this difficult time, but rushing into it without preparation can lead to unnecessary stress and expenses.

If you're in Toronto and thinking about hiring a divorce lawyer, it helps to take a few key steps first. This guide will walk you through what you need to do before making that call, so you can approach the process with clarity and confidence.

1. Understand Your Legal Needs

Divorce isn’t one-size-fits-all. Some couples split on good terms, making the process easier, while others run into disagreements over money, property, or child custody. Understanding where your situation falls will help you pick the right lawyer for the job.

Uncontested vs. Contested Divorce

If you and your spouse agree on major issues — who keeps what, how to split assets, and arrangements for the kids — your divorce is considered uncontested. This usually means less time in court and lower legal fees. But if there’s disagreement on these matters, it becomes a contested divorce, which can drag out the process and require more legal work.

Child Custody & Support

If you have kids, decisions about where they’ll live and how their expenses will be covered are some of the biggest factors in your divorce. Ontario’s family law system prioritizes the child’s well-being, so custody and support arrangements must be fair and reasonable. A lawyer with experience in family law can help ensure your rights — and your child’s best interests, are protected.

Property & Finances

If you and your spouse own property, investments, or a business together, you’ll need to figure out how to divide everything fairly. Under Ontario’s Family Law Act, most assets acquired during the marriage are split equally, but exceptions exist. A good lawyer will help you understand what you’re entitled to and prevent costly mistakes.

Before you hire a lawyer, take a step back and assess what’s at stake. Are you dealing with a simple split or a complicated legal battle? Knowing this will help you find a lawyer with the right expertise — one who can handle your specific situation without unnecessary costs or delays.

2. Get Your Financial Documents in Order

Divorce isn’t just about signing papers and moving on. Money plays a big role, and sorting out who gets what can be messy. If you’re not prepared, things can drag out, costing you more time and legal fees. Getting your financial documents in order before meeting a lawyer makes the process smoother and helps protect your interests.

What You’ll Need

Start by gathering these key documents:

• Tax Returns (Last Three Years): These give a clear picture of your income, deductions, and financial history. They also help determine spousal or child support if needed.
• Pay Stubs & Bank Statements: Your earnings and daily expenses matter in a divorce, especially if one spouse earns significantly more than the other.
• Mortgage & Property Records: If you own a home or other property, you’ll need proof of ownership and details about mortgages or loans attached to them.
• Investment & Retirement Accounts: Pensions, RRSPs, and stock portfolios are considered assets and may need to be divided.
• Credit Card & Loan Statements: Debt is just as important as assets in a divorce. Knowing what’s owed and by whom prevents surprises later.
• Business Financials (If Applicable): If you or your spouse own a business, those records will be needed in determining its value and how it factors into the divorce.

Having these documents ready will help your lawyer assess your financial situation and protect your interests. The more prepared you are, the less stressful — and expensive — the process will be.

3. Research Divorce Lawyers in Toronto

Not all lawyers are the same. Different lawyers handle different types of divorces. Some deal with complex cases involving property, businesses, or child custody, while others focus on peaceful negotiations. Finding the right match can save you time, money, and stress.

Check Online Reviews & Ratings: Websites like Google Reviews and the Law Society of Ontario can tell you a lot about a lawyer’s reputation. Look for feedback on their communication, approach, and how they handle cases. Keep an eye out for patterns — if multiple people mention poor communication, that’s a red flag.

Look for Family Law Specialists: A lawyer who handles everything from real estate to criminal defense may not have the deep experience needed for a divorce case. Family law is complex, and someone who specializes in it will be better equipped to handle child custody, asset division, and spousal support.

Ask for Recommendations: If you know someone who has gone through a divorce in Toronto, ask about their experience. A personal recommendation can often be more reliable than online reviews.

Schedule Initial Consultations: Many lawyers offer free or low-cost first meetings. This is your chance to ask questions, understand their approach, and see if you feel comfortable with them. Pay attention to how they explain things — do they use clear, simple language, or do they throw legal jargon at you?

A good divorce lawyer should do more than just know the law. They should listen to you, explain things in a way that makes sense, and be upfront about costs and possible outcomes. They should also focus on getting the best result for you, whether that’s a fair settlement or fighting for your rights in court.

4. Set Clear Goals for Your Divorce

Before you hire a family lawyer, take some time to figure out what really matters to you in this divorce. Are you focused on keeping the house? Do you want joint custody, or are you aiming for sole custody of your kids? Maybe you’re more concerned about dividing assets fairly or securing financial support.

Divorce often means compromise, so set priorities. Some things may not go exactly the way you want, but knowing your non-negotiables can help your lawyer build a strategy that protects what’s most important to you. For example, Ontario’s family law system generally encourages fair asset division and co-parenting when possible, so if you’re hoping for an outcome outside of that, you’ll need a strong case.

5. Prepare Questions for Consultations

Walking into a consultation unprepared can leave you unsure about whether the lawyer is the right fit. This is your chance to assess their experience, approach, and communication style. A lawyer who sounds great on their website may not be the best choice once you start asking real questions. Here are a few key ones to bring up:

• How long have you practiced family law in Ontario? Experience matters, especially when dealing with custody, property division, or spousal support.
• Do you focus more on negotiation or litigation? Some lawyers try to settle cases outside of court to save time and money, while others are more aggressive in legal battles. You want someone whose approach matches your situation.
• What are your fees and billing structure? Divorce lawyers charge in different ways — some by the hour, others with fixed fees for specific services. Get clarity on costs upfront to avoid surprises.
• How will we communicate? Will they be available by email or phone? How often can you expect updates? Knowing this ahead of time prevents frustration later.
• Have you handled cases like mine before? If you have complex finances, a business, or a high-conflict custody battle, you want a lawyer with experience in those areas.

These questions will give you a better sense of whether the lawyer is a good fit. The right lawyer will make you feel heard, explain things in a way that makes sense, and set realistic expectations about your case.

6. Understand Legal Costs and Budget Accordingly

Divorce isn’t cheap, and the costs can add up fast. But if you understand where your money is going, you can plan ahead and avoid financial surprises. Lawyers don’t all charge the same way, so it’s important to ask the right questions upfront.

Retainer Fees & Hourly Rates

Most family lawyers in Ontario require a retainer — basically, an upfront deposit that covers initial legal work. They then bill you by the hour. The more complicated your case, the more hours they’ll need.

Flat Fees for Simple Cases

If your divorce is uncontested (meaning you and your spouse agree on everything), some lawyers offer a fixed rate instead of billing by the hour. This can be a more affordable option.

Extra Costs to Watch For

Filing paperwork with the court, hiring mediators, or getting financial experts involved all cost money. Even small things, like photocopies or mailing documents, might show up on your bill.

If cost is a concern, ask about payment plans or alternative ways to settle things, like mediation, which can be cheaper than going to court.

7. Explore Alternative Dispute Resolution (ADR) Options

Not every divorce needs to go through the courts. In fact, most cases in Ontario are settled outside of court, and for good reason — court cases take longer, cost more, and can be stressful, especially if kids are involved.

Mediation: A neutral third party (the mediator) helps both sides talk things out and come to an agreement. This works best when both spouses are willing to compromise. Mediation is often faster and cheaper than going to court.

Arbitration: Think of this as hiring a private judge. The arbitrator listens to both sides and makes a legally binding decision. It’s more formal than mediation but still quicker than going through the court system.

Alternative dispute resolution (ADR) methods like these can make the process smoother and less stressful, especially when children are involved. Studies show that parents who resolve disputes through mediation often have better long-term co-parenting relationships compared to those who fight it out in court.

Divorce is never easy, but being prepared can make it less difficult. If you follow these steps — getting your finances in order, researching lawyers, setting clear goals, and exploring cost-saving options — you’ll have a better chance of making informed decisions and reducing stress along the way.

If you’re ready to move forward, book a consultation with a Toronto divorce lawyer who fits your needs. The right lawyer can help you protect your future and find the best path forward.