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Canadian divorce question - how to get started and do it cost effectively?

post #1 of 3
Thread Starter 

I have been reading the threads here, but laws in Can. and the US obviously are different.

 

Are there any Canadian mamas here who can give me advice on divorcing without spending a ton of money? 

 

The tricky part of our divorce will be the fact that I am a homeschooling mama and desperately wish to keep that intact for my kids. 

 

Any advice on how to get started, keep it as inexpensive as possible, and tips for maintaining our homeschooling would be more than appreciated.


Thanks

post #2 of 3

My process was as follows:

 

I interviewed and hired 1 lawyer, after having a few free consultations with various family law lawyers. This lawyer recommended we proceed through the provincially paid for mediation sessions (6 are free...after you have to pay), in order to reach an agreement without going to court. In my case, mediation failed after only 2 sessions. After a few weeks of non-communication from my lawyer, I fired her and interviewed another one. This one was much more forthcoming and available; I picked a knowledge junior in the firm, knowing her rates were way lower than the partners (140$/hr).

 

I put down 1,000$ for her retainer. She began drafting the legal proceedings necessary: a sworn affidavit as well as custody proceedings (custody has to be established before divorce can be granted, as custody will determine child support). What helped keep costs down is the fact that I already had a summary of facts with regards to how my marriage had broken down (alcoholism, abuse, neglect), and we already agreed on what kind of visitation we wanted. Furthermore, I had all documentation ready (marriage license, income tax papers from the previous fiscal year, birth certificates/passports).  Finally, I keep all communication with my lawyer short and purposeful, as any communication, whether via email, telephone or in person, is billed.

 

All in all, the entire process cost me 3,600$, mostly because XH didn't show up in court to argue. I'd say that's a small price to pay for my freedom.

post #3 of 3

my way was really labour intensive, but super cheap.

 

i got several peoples' actual divorces to see what they looked like, then copied & pasted together my own, with alternations wherever needed. i hired a lawyer as a contractor, not a representative, to go ever what i'd done and point out the mistakes. that cost me 75$ and many, many hours of work. now i need to fix what needs fixing, give it to her one more time, and hopefully i'm done. it means my divorce could cost me less than 200$ and cost my ex nothing. what will happen is he'll get served (by a mutual friend) and he can either do nothing and the divorce will e granted on my terms in a month or so, or he can argue it and get a lawyer, but because of the huge difference between his income and mine he'll have to pay my legal costs, too, so he's not likely to do that. i'm asking for sole custody and the table child support amounts, plus incidentals like braces, camp, activities, daycare, all that. in the divorce order i'm asking for support enforcement and annual recalculation.

hope that helps.

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