Cost of Divorce in Ontario
The cost of divorce in Ontario depends on several factors, like the complexity of the issues in dispute, whether the divorce is contested or uncontested, and whether the divorce proceeds to a court battle. In Ontario, a simple uncontested divorce can cost around $1,200 but fees can easily reach $50,000 or more for cases that require court intervention and complicated document preparation.
Legal fees aren’t the only costs to consider; there are also court fees for filing documents and for certain necessary certifications. If a divorce case goes to trial, costs can escalate significantly, reaching approximately $150,000 or more.
Court Fees and Fee Waiver
Court fees are an essential part of the divorce process. They include costs for filing papers and mandatory payments before a court hears a case. For example, fees for filing all divorce applications in Ontario will cost a total of $669 as of January 2023. Some individuals may qualify for a fee waiver, which exempts them from paying court fees due to financial hardship.
To apply for a fee waiver, a fee waiver request must be submitted, including proof of low income. If approved, a fee waiver certificate is issued, alleviating the financial burden on applicants who meet the criteria set by the court.
Costs for Legal Representation
Legal representation can be one of the most seemingly significant expenses in a divorce. Contested divorces, where parties disagree on terms, are typically more expensive, with costs ranging from $15,000 to over $35,000 or more in complex cases. Uncontested divorces are much simpler legally speaking, and can often be under $1,500.
Divorce lawyers can be seen as a costly expense, especially up front. However, an experienced lawyer will achieve the best possible results for your financial situation long term. Great legal representation will often save you considerable costs in the long run.
Total Costs Breakdown for Divorce in Ontario
The cost of divorce in Ontario can vary widely depending on the circumstances of your case. Here’s a simplified breakdown of potential expenses:
Simple Uncontested Divorce
- Legal Fees: $1,200 to $10,000
- Court Fees: $669 (including filing and court review)
- Estimated Total: $1,700 to $10,500 (more in complicated situations)
Contested Divorce
- Legal Fees: $15,000 to $35,000+ (depending on complexity)
- Court Fees: $669 (including filing and court review)
- Additional Court Costs (if trial occurs): $50,000 or more in extreme cases
- Estimated Total: $15,000 to $35,000+ (without trial)
- Estimated Total with Trial: $50,000 to $85,000+
Additional Expenses to Consider
- Document Preparation Costs: May vary depending on the case
- Mediation or Arbitration Fees: If used, these can add to or potentially decrease overall costs
- Expert Witness or Child Custody Evaluator Fees: Applicable in some cases