Opens in a new tab
Gelman Family Law Lawyers

Over 200+ 5-Star Google Reviews

Book Consult

Choosing a Lawyer

Published: December 8, 2010

Last Updated: September 9, 2025

Book Consult1-844-736-0200
Choosing a Lawyer

Choosing a Lawyer

One of the most important decisions you will make when you are getting a divorce is determining who your lawyer will be. This is not an easy decision and not one which should be taken lightly. Some things you may want to think about are discussed below.

What kind of lawyer do you need?
It is important that you take a look at your finances and your situation in selecting a Toronto divorce lawyer. The most senior lawyers will have the most experience and will often also come with the highest price tags. If you have complex issues, this should be a significant consideration. Law firms can generally help you determine what amount of representation is required, so please don’t be afraid to ask.

It is also not necessary to hire a lawyer who will take on your whole case full-time. If your issues are relatively simple, you may only need a few meetings with your lawyer to lay out your rights and responsibilities and get a better understanding of your situation. You may then be in a perfect position to take over for yourself. Hiring a lawyer is not an all or nothing proposition. You can usually be very specific about the nature of your relationship.

Finding a lawyer
Finding a lawyer is not always easy. You may know a friend of a friend who is a lawyer or you may have a friend who got divorced and recommends his or her lawyer. Referrals from someone you trust is an excellent way to find a Toronto divorce lawyer. You should meet with that lawyer to ensure that they are the right fit for you, and find comfort knowing that you have crossed that first hurdle.

The internet is increasingly becoming a preferred resource for finding lawyers. Most law firms have websites with lawyer profiles and you can peruse these to make an initial selection.

At Gelman & Associates, we are dedicated to guiding each client with compassion and understanding, while aggressively protecting your rights.

We believe strongly in educating our clients and we go to great lengths to help demystify the divorce process for you; making the journey ahead just a bit easier.

Choosing the lawyer
The first meeting you have with a lawyer is critical. You must feel comfortable that this person understands your situation and will be able to help you. You must find someone in whom you have confidence and who will charge an amount that seems reasonable to you.

It never hurts to interview several lawyers and get their assessment of your situation, particularly where issues are more complex. You can then weigh the different opinions and make an educated selection.

Once you choose your Toronto divorce lawyer, he or she should give you a written retainer letter explaining the nature of your relationship and the fees that will be charged. Please review this document carefully before signing it.

What will it cost?
Generally, lawyers will charge an hourly rate for their services. These hourly rates will vary greatly based on the lawyer’s experience, firm size, and other factors. It is important to note that a lower hourly rate does not necessarily mean you will end up paying less. A more experienced lawyer may be able to do things more efficiently and thus end up with a lower bill. A larger firm will also be able to divide the work out amongst various lawyers and try to get you the most efficient use of your money.

In addition to time, lawyers will charge you for disbursements associated with your file. These can be anything from photocopies and court costs to long distance phone charges and expert witnesses.

You will generally be asked to pay a retainer to the firm which will be placed in a trust account. The money will then be drawn from the trust account to cover your bills. You will then be asked to replenish the trust account as it is spent.

What if you can’t afford a lawyer?
Legal Aid Ontario provides assistance to people who cannot afford to find a lawyer on their own and who qualify for legal aid. Also, Family Law Information Centres are available at the court houses and provide free information and help with issues surrounding separation and divorce. Duty counsel in the courts can also help by reviewing documents, giving advice, assisting with negotiations and representing you on some motions or hearings.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - divorce & separation

If you or your spouse are not in Canada, you can not get a divorce. However, you can end your marriage under the Civil Marriage Act. You can only end your marriage in Canada and not another country because your marriage is only valid in Canada.

Yes, you can date while separated in Canada. However, there is a legal implication to that. If the timing of your new relationship comes into question during your divorce, your relationship may be considered as an affair or adultery.

Yes. Our legal services are available in person, online, and over the phone. In addition, although our main office is located in Toronto, we have over 8 additional satellite offices located throughout central, southern, western, and eastern Ontario to serve family law clients across the province.

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim and potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting and/or (b) contradict statements that were made by the party in his or her pleadings. For example, if a party is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

Yes, you can separate from your spouse. Separation does not have to lead to divorce. However, if you plan to remarry, you must file for divorce after one year of separation. Also, you may want to consider that if you just leave, your spouse may file for spousal support or child support.

It is advised however that before leaving, you try to have a separation agreement with your spouse.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

The only ground for a divorce in Canada’s Divorce Act is marriage breakdown. This could include spousal infidelity, although infidelity alone could be difficult and emotionally taxing to prove in court.

You are not legally required to retain a lawyer to apply for divorce. However, a divorce application may involve important questions about parenting, support, property and procedural requirements. Independent legal advice can help you understand how a proposed agreement or court application may affect you.

Locations We Serve

Multiple offices to help serve you better

With numerous offices across Ontario, we make it easier for our clients to have access to our lawyers. Please note that offices marked with an (**) are satellite offices and require a consultation booked in advance. We are not able to accommodate walk-in appointments at these locations. Call us to book a free consultation today.

Still have family law questions?

Speak to a lawyer

If you need legal advice regarding divorce & separation matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

Book Your Consult