Do You Really Need A Divorce Lawyer? 

You may be reluctant to hire a divorce lawyer for several reasons.

Here’s how to know if you need one:

You May Not Need A Divorce Lawyer If: 

 1. You have not yet decided if you want to separate

2. Your marriage was very short

3. You have similar incomes

4. You might stay together

5. You have no assets or debts to divide

6. You were not married

7. You settled your affairs on terms you can live with

8. You are not in a rush to end your marriage

9. Your therapist recommends a different path

10. Your sister is a Divorce Lawyer

You Do Need A Divorce Lawyer If:  

1. You have children in common and want to establish a parenting plan to raise them after separation

2. You have different incomes and may be entitled to collect spousal support or required to pay spousal support

3. You are facing financial hardship due to separation

4. Your spouse has a Divorce Lawyer

5. You or your spouse have a pension

6. One of you hold a foreign passport and may leave the country

7. You are not fully aware of your spouse’s assets or debts

8. You or your spouse own a home or other real estate

9. You have a joint line of credit

10. Your spouse’s sister is a Divorce Lawyer

Not all people who are separating need a Divorce Lawyer. There are some who can avoid the cost, inconvenience and aggravation of separation and divorce. But for the vast majority of society, a Divorce Lawyer is needed to give the recently separated spouse critical strategic advice – early in the process – on what to do to protect you and ensure that you, your children and your assets are protected.

Editorial Note:

This article was originally published in 2018. While the legal landscape in Ontario remains largely unchanged, the decision of whether or not to hire a divorce lawyer is still a key consideration for many. The guidance offered here continues to be a practical resource for those navigating separation and divorce, whether they choose to retain legal counsel or not.

Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.