3 Tips To Help You Find The Right Divorce Lawyer In Canada

Sailun Tires

Going through a divorce is quite the ordeal. As a matter of fact, it may be one of the hardest things a person can go through. Getting through one can be difficult for you and your kids as well. Divorce has the power to drain people mentally, physically, and financially. According to Yahoo Finance, the average cost for a divorce in Canada is $1.353 for an uncontested divorce and $12.875 for a contested one.

There are too many complex matters during a divorce you must decide or settle on with your former partner. You will need to settle upon law issues such as spousal support, child support, child custody or access, life and health insurance, property division, debts, etc.  

These things can make you feel very frustrated, but you may have one less trouble if you hire a skilled and experienced divorce lawyer. Not only do you have to get a divorce lawyer, but you also have to get the one who will be ideal for your case. So, are you in search of a divorce lawyer, but you don’t know what exactly to look for in one?

Let us help you in your hunt. It’s always crucial to hire a lawyer who ideally fits your needs. Keep reading further to acknowledge how to perform your research properly to obtain the best possible legal service you can.

If You Are Not Legally Married, You Should Hire A Common-Law Separation Lawyer

Canada’s Family Law Act expanded the definition of spouses in some areas, and the new regulations took many lawyers and couples by surprise. Nowadays, if you’re not legally married and you want to terminate your relationship without going through the judicial consequences, then you’ll have to hire a common-law separation lawyer.

However, in Canada, the legislation that rules unmarried relationships differs from province to province. For example, in British Columbia, the ‘common-law’ marriage is not recognized as such. Alternatively, the Family Law Act explicitly defines the rights and duties of couples cohabiting in a marriage-like relationship.

Unmarried spouses under the common law in BC have the same rights and commitments as married people, meaning that even though separating common-law spouses don’t need to get a divorce legally, the common-law separation may be just as complex and agonizing as a legal divorce. 

In British Columbia, the concept of a common-law relationship regulated by praetorian case law got switched by the Family Law Act. The Family Law Act applies to marriage-like relationships between two ‘spouses’ who are common-law couples and unmarried partners have the same legal rights as married ones. Therefore, make sure to check how your relationship is legally defined by your province’s law regulations and then hire a lawyer accordingly.

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Confident And Calm Lawyer Is A Much Better Choice Than Self-Assured And Aggressive One

Lawyers who promise you that they can get you the best separation agreement are usually the ones that people choose in the end. Consider avoiding that kind of warrior-like lawyer by any means necessary. Of course, a divorce lawyer has to possess a good amount of self-assurance since there’s no place for shy people in this industry. However, there’s no place for aggressive lawyers either. The aggressive lawyers might annoy your spouse and their lawyer that may additionally cause an entirely new world of problems.

Choose a divorce lawyer who is sensible and rationalizes your situation. Note that a lawyer who quietly asserts their viewpoint will make a far more positive impact on your case than a lawyer who makes an observation aggressively and furiously. For this reason, run from angry lawyers who can’t stop talking about all the courthouse battles they won. Instead, get a calm lawyer who can make you an agreement without the need to step foot in the court of justice.  

So, study your potential lawyer’s attitude throughout the discussions, whether it’s aggressive or not, before you make the hire. Learn more about their view towards the world. Are they optimistic or cynical? Do they consider people as overall decent or harmful? Because how a divorce lawyer sees the world and people in it will form how they address your divorce proceedings. Ensure to avoid the pessimistic and doubtful lawyers by all means.

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Make Sure To Choose A Divorce Lawyer Who Has At Least 10 Years Of Practice

Like with most jobs, experience does matter, and the more your divorce lawyer has, the better for your case. Law is a complex field, and the more experience they have, the higher their understanding of the judicial proceedings will be. That is crucial to ensure they can offer you the best counsel at any stage of your divorce process. More experience also means that your lawyer will recognize the legislative norms that might affect your case throughout the whole process. 

Life experience can be significant as well. For instance, if you have children and find a lawyer who is also a parent, your lawyer will be more empathetic with your case when entering the discussions about the parenting arrangements of the legal separation process. Additionally, lawyers with higher life experience tend to know more about the financial difficulties with having a family or managing family finances.

Unfortunately, the only way to find out if any divorce lawyer has this kind of experience is by directly asking them if they do. So, don’t be shy and arrange an introductory appointment to interview potential lawyers before hiring one. Besides, the right divorce lawyer can genuinely shape your or your family’s future, so you must feel sure about them. And you must be able to acknowledge that they have the suitable character, behavior, values, and wisdom that will be beneficial for your case in general.

Final Thoughts

There are many ways to find the right divorce lawyer. However, the most important thing is to bear in mind the actual difficulty of your separating situation and start from there. From there,  you should begin with your hunt for that ideal divorce lawyer of yours. If you play by the above-given rules in your search and know them by heart, once you will meet the right lawyer, you will immediately know that they’re the one.


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