How Divorce Works in Canada: A Practical Guide to Your Options, Costs, and a Kinder Path

If you’re reading this, something in your relationship has shifted—and you’re wondering what divorce in Canada might actually look like for you.

Many people picture years in court, lawyers arguing in front of a judge, and families torn apart in the process. In reality, Canadian divorce law is clearer than most people think, and there are several ways to move forward that do not begin with getting lawyers involved.

This guide gives you a calm overview of your options, from DIY and online services to mediation, mediation‑arbitration (Med/Arb), collaborative law, traditional litigation, and solo‑initiated paths when your spouse won’t participate. You’ll also see where Fairway Divorce Solutions’ fixed‑fee, structured process fits among those choices.

Divorce will always be a big event. It doesn’t have to define you, destroy your finances, or harm your children.

The Canadian Divorce Basics You Need to Know

Knowing these basic facts about Canadian divorce law can spare you a lot of worry:

No‑fault system

In most Canadian divorces, you don’t need to prove wrongdoing to end your marriage. Demonstrating that the relationship has broken down is usually enough.

Difficult behaviour (conflict, affairs, verbal mistreatment) usually does not change how assets or support are decided. Fighting to “prove fault” rarely improves the outcome—it mainly increases cost and stress.

Alternative Dispute Resolution (ADR) before court

Recent changes to the Divorce Act encourage families to consider Alternative Dispute Resolution (ADR), such as mediation, before starting a court process. Choosing options like mediation can reduce the risk that your divorce becomes a long, adversarial process that wastes time and money.

Trial is slow and expensive

Going all the way to trial can take three years or more and cost well over $100,000 in legal fees, depending on the complexity of the case and region. Most people run out of money, time, or patience long before that.

You don’t have to “lawyer up” to start, but legal advice matters

You are not required to hire a lawyer to get divorced in Canada, but it’s wise to get independent legal advice before you sign a separation agreement. In many situations, independent legal advice is needed to ensure your agreement is enforceable.

The most important question is: Which path gets you a divorce with the least damage to your family, your finances, and your future?

The Main Paths to Divorce in Canada: At a Glance

Most Canadian families choose one of these routes to reach a separation agreement and, eventually, a divorce order:

DIY / Online Divorce – You complete the paperwork yourself or through an online platform. This is typically only suitable where there are no significant assets and no dependent children.

Mediation – You and your spouse work with a neutral professional to make decisions about money and children, then sign a separation agreement (often after each of you gets legal advice).

Med/Arb (Mediation–Arbitration) – You start in mediation; if you cannot agree, the same professional becomes an arbitrator and makes a binding decision.

Collaborative Law – Each of you hires a specially trained lawyer and signs an agreement committing to stay out of court.

Traditional Litigation – Each spouse hires a lawyer, and unresolved issues go before a judge.

“Do It Alone” with Professional Guidance – One spouse moves forward even when the other will not participate. At Fairway Divorce Solutions, this is supported through our SOLE™ pathway for solo clients.

The rest of this guide walks through these options so you can see which one feels safest and most practical for your situation.

DIY / Online Divorce

In Canada, you can handle your divorce paperwork yourself. There are also low‑cost online services that walk you through forms and, sometimes, help draft a basic separation agreement.

When DIY can fit

DIY or online options can work when:

• There are no dependent children, and

• There are no real assets to divide beyond simple accounts or personal items, and

• Both of you are already in clear agreement about the outcome.

Risks to be aware of

The more complex your situation, the more risk comes with the DIY approach. Common problems include:

• Missing important terms or protections.

• Overlooking tax, pension, business, or support implications.

• Banks or other institutions refusing to accept a DIY agreement.

• Having to “re‑do” the agreement with professionals later.

Many people who start with DIY later need lawyers or mediators to fix gaps, which can cost more than doing it properly the first time.

Mediation: The Rising Alternative to Fighting It Out

Mediation is one of the most practical and family‑friendly ways to separate in Canada.

You and your spouse work with a neutral professional who helps you agree on parenting, support, property, and debt. The mediator doesn’t “take sides” or act as your lawyer; once you’ve agreed on terms, a separation agreement is drafted, and each of you can get independent legal advice before signing.

Why many families prefer mediation

• Lower cost and stress than court. You’re usually paying one neutral guide instead of two lawyers to fight.

• More control and privacy. You shape the outcome together rather than leaving it to a judge in a public courtroom.

• Kinder for children. The focus is on practical parenting plans instead of “winning.”

As one client shared in 2024:

“Everything was done very smoothly and on schedule! The team is very professional and the process is bullet proof. I would strongly recommend it to anyone considering mediation especially if you want to skip all the headache and focus on your kids and yourself. They really do take care of everything.” – Olga V, Fairway client, 2024

When mediation can fall short

If there’s no clear process, couples can spend money “going around and around” without ever reaching decisions. When there are serious safety issues or extreme power imbalances, traditional joint‑session mediation may not be appropriate.

Where Fairway Divorce Solutions fits

Fairway Divorce Solutions uses a defined, fixed-fee process—the Fairway Method™—a structured, child-first, lawyer-reviewed approach that draws on the most effective practices from all types of mediation, so families don’t get stuck in endless sessions or open‑ended hourly billing.

For willing couples, that’s our INR™ (Independently Negotiated Resolution) pathway, built around separate, guided sessions with each spouse, a clear 120‑day roadmap after full financial disclosure, and independent legal advice near the end.

For individuals, SOLE™ adapts mediation principles for one partner who needs to move forward, often alongside or around a lawyer‑driven process.

Med/Arb (Mediation–Arbitration): A Hybrid with a Hard Stop

Med/Arb blends mediation and arbitration. You start by trying to reach an agreement with a mediator. If you can’t, that same professional switches roles and becomes an arbitrator, making a binding decision—similar to a private judge.

The key benefit of Med/Arb over typical mediation is the certainty that a decision will be made. If talks fail, the arbitrator will decide.

Important cautions to consider

• Some Med/Arb files end up in arbitration, partly because it can be easier for the neutral to decide than to keep mediating.

• People may hold back information during mediation because they fear it will be used against them later, which can complicate the process.

• Costs can approach those of going to trial, especially if the file is lengthy or complex.

For many families, a clearly structured mediation process with legal review at the end offers enough certainty without handing final power to a private decision‑maker.

Collaborative Law

In collaborative law, each spouse hires a specially trained lawyer, and everyone signs a contract promising to work toward settlement without going to court. Other professionals—such as financial specialists or parenting coaches—may join the team as needed.

What people like about it

• The team is, in theory, aligned around settlement, not trial.

• You have your own lawyer at the table from day one.

The downsides to weigh

• It can be very expensive, especially if many professionals are involved.

• If you can’t resolve all issues, both collaborative lawyers must withdraw, and you start again with new counsel, consuming valuable time and money.

For some, that level of legal involvement feels reassuring. For many others, a leaner, mediation‑based model with fixed fees and built‑in legal review is simpler and more predictable.

Traditional Litigation (Going to Court)

This is the path most people imagine: each spouse hires a lawyer; documents are filed; unresolved issues are argued before a judge who decides.

When litigation may be necessary

• There are serious safety concerns, such as family violence.

• One spouse will not disclose finances or participate in any form of negotiation.

• There are rare, complex legal issues that require a court’s ruling.

The trade‑offs

• Cost and time. Trials can take three years or more and cost well over $100,000 in legal fees in many cases.

• Loss of control and privacy. You hand decisions about your children, support, and assets to someone who sees only a snapshot of your life.

• Emotional toll. The adversarial nature of litigation can deepen conflict and make co‑parenting far harder for everyone, especially children.

Because of these considerations, courts and lawmakers increasingly encourage families to try alternative resolution methods first.

“Do It Alone” When Your Spouse Won’t Participate

Sometimes, one person is ready to move forward and the other isn’t. They may avoid conversations, refuse mediation, live elsewhere, or create so much conflict that sitting down together feels unsafe.

In the past, the “ready” spouse often felt they had only two options: stay stuck, or hire a lawyer and begin a court process alone. Neither feels good when you’re trying to protect children, finances, and your own well‑being.

There is another option.

At Fairway Divorce Solutions, our SOLE™ pathway is designed for what we call courageous solo clients—people who need to start the process without their spouse at the table. You work one‑on‑one with a professional who helps you:

• Understand your rights and options.

• Gather financial information and explore possible outcomes.

• Build proposals that are child‑first and asset‑safe.

• Move toward a binding, lawyer‑reviewed agreement wherever possible .

If your spouse later becomes willing to participate, your file may be able to move into our couple‑based INR™ process. If not, you still have a clear, legally supported path forward.

You do not need anyone else’s permission to begin protecting your future and your children’s well‑being.

How to Choose the Right Path for You

The “right” path is the one that safely gets you to a binding agreement while protecting your children, your finances, and your health.

Ask yourself:

1. Is it safe and reasonably balanced to sit at the same table?

If there is violence, coercion, or extreme power imbalance, traditional mediation or DIY are usually not appropriate. You may likely need legal intervention.

2. How complex is your financial picture?

If you have a home, pensions, investments, business interests, or significant debt, DIY becomes risky. Structured guidance and legal review matter more as complexity increases.

3. Are children involved?

When kids are in the picture, child‑first planning and clear parenting agreements matter more than “winning.”

4. How willing are both of you to stay out of legal proceedings?

If both spouses want a fair result, lower conflict, and predictability, mediation with a clear process is often the best fit. If one person refuses to participate at all, a solo pathway or, in some cases, court may be necessary.

For many Canadian families, the sweet spot is a structured, fixed‑fee, mediation‑based process with built‑in legal review—strong enough for complex assets and parenting, but gentle enough to preserve dignity and reduce conflict.

If you’d like to talk through which path fits your situation, you can book a confidential consultation with a Divorce Resolution Mediator to walk through your options in more detail.

Where Fairway Divorce Solutions Fits—and Your Next Step

Fairway Divorce Solutions was built for Canadians who want a clear, kinder way through divorce.

Instead of open‑ended hourly billing and uncertainty, Fairway Divorce Solutions offers a comprehensive, flat‑fee, lawyer‑reviewed process that works for many different family shapes and stages .

INR™ (Independently Negotiated Resolution). For couples who are both willing to participate, INR™ uses separate, empathy‑rich guidance, expert financial and parenting support, and a clear roadmap to reach a binding agreement—often in about 120 days after full financial disclosure.

SOLE™. For individuals, SOLE™ gives the option for  a private, supportive route to protect children, assets, and safety, with the option to shift into INR™ if and when their spouse is ready to join.

ALLY®. You’re not left alone the day the ink dries; ALLY® offers support for budgeting, co‑parenting, and life in your next chapter .

If you’re not ready to talk yet, your next step might simply be to keep learning by downloading a guide or reading stories from families like yours who found closure without a courtroom.

When you are ready, you can book a confidential consultation by phone, online, or in person to talk through your situation, your options, and what a clear road forward could look like for you. No pressure, no judgment. Just information, a listening ear, and a path that protects what matters most: your children, your assets, and your peace of mind.