Wednesday, June 7, 2017

Ways That a Divorce Lawyer in Toronto Can Represent You

F. Timothy Deeth
Many couples who are getting separated or are getting a divorce choose to hire a divorce lawyer in Toronto to handle the legal ins and outs of the whole process. Some will have a personal attorney take on their case full-time, but others hire a lawyer for less than full services.

Divorces can cost a tremendous amount of money, particularly if your case needs to go to court. That is why for some people it’s usually a good idea to help cut lawyer's costs down by doing a bunch of the legal work themselves, and just work in close coordination with an attorney in any part of the divorce process.

Ira Marcovitch
It is not required by law for people who are getting a divorce to hire a divorce attorney on a full-time basis, or even at all. You can absolutely choose the type of legal representation you need.

Here are several ways that a lawyer can represent you in a divorce.

Full-scope representation

For full-scope representation services, you retain an attorney or a law firm for the entire duration of your divorce case. An attorney retained on a full scope basis will handle all matters in the lawsuit from start to finish on behalf of the client, which will include responsibilities such as:


  • Preparing necessary divorce forms 
  • Dealing directly with your spouse or your spouse’s lawyer
  • Keep track of all deadlines, filings, motions, 
  • Fact finding for legal research, discovery
  • Handle all communications between parties involved
  • Represent you in all meetings, hearings, settlement negotiations, and at trial
Jennifer K. Howard
Though there is an attorney retained to handle all matters in it's entirety, it doesn’t mean that you just hand your case over and stay in the sidelines. You are encouraged to maintain a visible presence, stay informed at all times, be proactive in identifying and preventing potential problems and make major decisions with your lawyer’s help.

Limited-scope representation

If you can’t afford to retain a full-scope attorney to fully and completely represent your interests in a divorce case, you can opt for Limited Scope Representation (LSR) or sometimes referred to as “unbundled services.” It’s an efficient and affordable way for you to obtain legal services only for one or more portions of your case.

John P. Schuman
You may hire a limited-scope attorney to:
  • Prepare forms or other documents
  • Draft settlement agreements
  • Negotiate a settlement in your behalf
  • Discovery or legal research
  • Representation for only one court hearing
  • Representation at trial
  • Representation for only one part of the case, for example just the  portion that deals with child support issues or just to handle all matters involving the division of property
Mark Seymour
Consulting lawyers

Some people going through a divorce will hire attorneys just for ongoing consultation and pay on an hourly basis. They meet with the lawyer to obtain general advice and information relating to what their legal rights are and how to handle specific issues in their case. In this type of service, the lawyer will simply discuss certain issues that you bring to the table, and will not appear in court or act as your official counsel of record.

Divorce mediators

In the process of negotiating a settlement, couples sometimes can’t agree on certain issues. But instead of a lawyer, they choose to hire a neutral third party to help them discuss and resolve the issues. However, mediators do not give legal advice or provide representation so some couples still hire their own consulting attorneys to provide legal advice so that they can go into mediation with the proper legal knowledge.

Rachel G.G Healey
Self-representation

If you and your spouse have very few assets, no children, are earning the same income and relatively have no issues to deal with, you can divorce without getting a lawyer. Self-represented parties have to write their own divorce settlement agreement and then submit it to a court for approval. Family law courts, however, do not encourage couples to divorce without legal assistance. They always recommend that they should get some sort of representation so they can protect their family’s rights as much as possible.

Rosemary Gallo
It is important to take your financial situation into consideration when selecting a divorce lawyer in Toronto. Legal costs, the bulk of which will be your lawyer’s fees, can amount to a high price. The more complex your case becomes, the more you need a lawyer to represent you. Most attorneys offer free initial consultation, so don’t be afraid to ask what amount of representation is required so you can make the best decision.

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