Do You Need A Lawyer For Divorce: What You Need To Know Before Deciding

Nov 5, 2025

Divorce is never simple, emotionally, financially, or legally. It doesn’t matter if you’ve been married for two years or twenty — deciding to separate can raise difficult questions. One of the first is often: Do you need a lawyer for divorce?

The reality is that while it’s possible to handle some parts of the process yourself, getting legal advice from a family divorce lawyer can help you avoid expensive mistakes, protect your rights, and ensure your separation agreement stands up in court.

According to Statistics Canada, about 38 percent of marriages end in divorce. Each of these situations is unique, and while some couples can manage a separation by agreement, many benefit from professional legal support at key stages.

As family lawyers specializing in divorce, the team at Kelly Jordan Family Law answers this key question among others. In this blog post, we explore they you may want to work with a divorce lawyer to support you through the divorce process.

What Is the First Thing You Need To Do When You Want a Divorce?

The first step is understanding what type of divorce you’re dealing with. In Canada, most couples file for a no-fault divorce, based on a one-year separation. Before you file, you’ll need to decide how to divide property, parenting time, decision-making responsibilities, and financial support.

If you and your spouse can agree on these terms, you can create a separation agreement, which is a written contract outlining your arrangements. This agreement must meet specific legal requirements to be enforceable, which is why, at this point in the divorce process, many people choose to consult a family lawyer.

Gathering financial documents, identifying shared assets and debts, and discussing living arrangements will also help you and your lawyer move the process forward efficiently.

Can You Get a Divorce Without a Lawyer?

Yes, you can technically complete a divorce without a lawyer in Ontario. This is often called a “simple” or “joint” divorce. It’s an option for couples who agree on all major issues and want to keep costs down.

In a joint divorce, both spouses apply together, and there’s no dispute over parenting, property division, or support. You can file the paperwork online or at a courthouse. The process typically takes several months once the application is complete.

However, even when you handle the filing yourself, it’s smart to get legal guidance before submitting your documents. Family law in Ontario is detailed, and small errors in your application or separation agreement can cause delays or, worse, invalidate your agreement later.

A family divorce lawyer can review your documents, ensure they meet court standards, and confirm that your agreement reflects your true intentions. This is especially important if you own property, have children, or have uneven financial circumstances.

When Do You Need a Lawyer for a Divorce?

You should consider hiring a family lawyer if your separation involves any of the following situations:

Children and parenting disputes. Custody and access (now called decision-making and parenting time) are some of the most emotionally charged and complex parts of divorce. A lawyer ensures your agreement reflects your child’s best interests and complies with the law.
Unequal financial knowledge or power. If one spouse controls most of the money or assets, legal representation ensures fairness and transparency.
Property or business ownership. Dividing real estate, pensions, or business interests requires expert knowledge of family property law.
Spousal support or child support issues. Lawyers can calculate support accurately based on federal guidelines and ensure future adjustments are manageable.
Family violence or coercion. A lawyer provides both protection and advocacy in situations where safety or power imbalances are concerns.

Even if you begin with a separation by agreement, disputes can arise later. Having a lawyer involved early helps prevent future litigation and ensures that your documents will be upheld by the court if challenged.

What Are the Risks of Divorcing Without Legal Help?

Handling your own divorce might seem straightforward, but the long-term risks often outweigh the initial savings. Without legal guidance, you could:

Miscalculate child or spousal support amounts.
Fail to divide assets fairly or legally.
Create an unenforceable separation agreement.
Overlook the tax consequences of property transfers.
Fail to note spouse’s entitlements to pensions
Miss deadlines or file incomplete forms that delay your case.

Once a court order or agreement is finalized, correcting mistakes can be expensive and time-consuming. In some cases, it’s impossible to undo certain outcomes, like missed claims for equalization or property rights.

A family divorce lawyer helps you understand the law, anticipate potential problems, and safeguard your interests before any documents are signed or submitted.

How Can a Family Lawyer Help You Avoid Costly Mistakes?

Here are key ways a family law lawyer specializing in divorce can guide you:

Clarifying your legal rights and obligations. Lawyers explain what you’re entitled to and what you must provide under Ontario’s Family Law Act and Divorce Act.
Preparing and reviewing your separation agreement. Legal drafting ensures the agreement is clear, complete, and enforceable.
Negotiating on your behalf. Skilled negotiation can help you reach fair terms without escalating conflict.
Filing accurate paperwork. A lawyer knows the procedural steps, timelines, and required forms for court filings.
Protecting your financial future. From pension division to tax implications, lawyers ensure you don’t overlook key financial details.
Providing objective advice. Emotions can cloud judgment during separation; a lawyer helps you make informed, strategic decisions.
Representing you in mediation or court. If disputes arise, your lawyer can advocate effectively for your interests.

Even when you plan to file your own paperwork, having it reviewed by an experienced family lawyer can save time, stress, and money in the long run.

When Can You Do It Yourself?

If your marriage was relatively short, you have no children, few shared assets, and both spouses agree on all terms, a divorce without a lawyer might be appropriate. This approach can be faster and more affordable when the situation is truly uncontested.

That said, “do it yourself” should never mean “do it alone.” Consulting a lawyer for at least a one-time review ensures that your documents are valid and that your rights are fully protected.

Why It’s Usually Better to Have Legal Guidance

Even the most cooperative divorces involve legal rights and financial implications that can last for years. The cost of a lawyer is small compared to the potential consequences of an unfair or invalid agreement.

At Kelly Jordan Family Law, our lawyers specialize in separation agreements, family law negotiations, and all aspects of divorce. We help clients understand their options and reach practical resolutions.

If you’re just beginning to think about separating or are already in the process of filing, getting legal advice early can help you avoid pitfalls and protect what matters most.

Working With Family Lawyers at Kelly Jordan Family Law

Divorce can be managed on your own in limited circumstances, but the safest path is usually with professional guidance. A family divorce lawyer ensures your rights are protected, your paperwork is correct, and your agreement will stand up over time.

So, if you’re asking, “Do I need a lawyer for divorce?”, the answer is that you might not need one for every step, but you’ll be glad to have one when it counts.

At Kelly Jordan Family Law, we help clients navigate separation with respect and care. Whether you need full drafting services or simply a review of your agreement, we are here to ensure your rights are protected and your next chapter begins with confidence.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need.