Frequently asked questions

Begin the separation period as soon as possible, and work to resolve all issues — ideally through mediation — as efficiently as you can. Once the 12-month period has elapsed and a complete Separation Agreement is in place, the filing process is straightforward.

The filing itself costs $2,500–$3,500 with a divorce lawyer, or $500–$1,500 DIY, plus the court fee. The cost of reaching an uncontested position depends on how you resolve your issues: mediation typically costs $3,000–$20,000 total shared between both parties.

Most of the cost of divorce is driven by legal fees during the resolution stage. Lawyer fees are billed hourly, and contested situations require many hours of correspondence, negotiation, motions, and hearings. Choosing a settlement-oriented process (mediation or collaborative divorce) and maintaining open communication with your spouse are the two most effective ways to reduce legal cost.

The eligibility for DIY filing is not based on how much you own — it is based on whether all issues between you have been completely resolved. If property has been divided, support obligations have been settled, and parenting arrangements are in place (where applicable), and you have been separated for 12 months, you may be eligible regardless of asset size. If any of those issues remain outstanding, you are not yet at the filing stage.

No. The majority of Canadian separations are resolved without ever appearing in court. Mediation and collaborative divorce both produce binding agreements without court involvement. The divorce filing itself is an administrative process reviewed by a judge — it does not typically require a hearing.

From the time a matter enters the court system, contested divorces typically take 1–3 years, with high-conflict cases extending to 4–5 years or longer in provinces with significant court backlogs. The mandatory 12-month separation period applies in addition to the contested proceeding timeline.

In mediation, a neutral mediator facilitates negotiation between the parties, who may each consult a lawyer independently. In collaborative divorce, each party has their own lawyer present throughout. Mediation is typically faster and significantly less expensive. Collaborative divorce provides more comprehensive legal support throughout the process, at higher cost..