Choosing a Divorce Lawyer
Maggie Horsburgh • October 6, 2022

Recently I was asked by someone starting the divorce process “how do I pick a lawyer?”. Such a great question! A lawyer is typically someone you only need when you need them, depending on what you need them for. There are corporate lawyers, real estate lawyers, criminal lawyers, personal injury lawyers and many more. Unless you run a multi-million dollar corporation, you likely don’t have one on standby.


So, when you find yourself in a separation or divorce situation for the first time and need legal advice or representation, you need to find a lawyer. Whether it’s through friends or family or an online search, the hunt for the right lawyer can be a daunting task, especially when you are in a stressful and potentially vulnerable situation.


So how do you find the right lawyer for you?


In a separation or divorce, you need a family law attorney. However, within family law there are a number of disciplines, including child custody and support, adoption, prenups and of course, divorce. Some lawyers cover everything, and some specialize.


In a divorce, especially one that might get messy, you want a lawyer that specializes in divorce. I recently spoke to a lawyer friend of mine, and these are some of the main criteria he recommends when choosing a divorce lawyer:


1. Determine if you are able to go the route of Collaboration vs Litigation. Collaborative law is similar to mediation but with both sides working with their own lawyer and two neutral experts who help you find the best solution for the whole family. Litigation is a good match for couples who are fighting or otherwise feeling like they need to defend themselves publicly in a courtroom and is often very expensive.


2. Recommendations from family or friends. Like in real estate, word of mouth is one of the best ways to find a lawyer. If you have family or friends who have gone through a divorce and had a good lawyer, they can give you a first-hand account of what it was like to work with them. Ask them WHY their lawyer was a “good” lawyer for them.


3. Works exclusively in family law. As I said at the beginning, you want a lawyer that specializes, not someone with a multidisciplinary practice. Divorce cases can cover a range of issues from child custody to asset division to business holdings. You want a lawyer who deals with these issues every day and won’t miss an important detail.


4. Experienced. There are a few things here. Because divorce can get complicated, you want a lawyer that has done this many times before and has years of experience, preferring someone with significant experience in cases similar to yours.


5. Busy, but not too busy. While it can be tempting to go with a big name from a big firm, that person may be so busy that you’ll be dealing mainly with junior associates. You may want someone that has direct time for you, which may mean they either have their own practice or are in a smaller firm. You may even spend less money.


6. Assertive, but not aggressive. You want your lawyer to fight for you, but you don’t want someone that is out to antagonize the other party and stir up unnecessary arguments. This will only lead to more back and forth and a potential court battle that not only results in higher legal fees but a higher emotional toll as well. We call this a “conflict cost”.


7. Personality and style. In addition to the above, you want someone whose personality fits with yours. They don’t have to be your best friend, but you want someone who is empathetic to your situation, is honest with you and whom you feel comfortable talking to. After all, you are going to be sharing some very personal things with them. Their style is also important - especially when it comes to organization. Are they a bit dishevelled with papers falling out of folders, or are they neat, professionally dressed and have a relatively clean and organized desk?


8. Has a process, but lets you drive. This speaks to both experience and organization as well, but you want a lawyer that follows a process and explains it to you upfront. This is an emotional time, so having a structure and knowing what you need to do and the steps to expect along the way can greatly ease the stress of the situation. At the same time, this is your life and it’s important that your lawyer listens to your needs and wants and doesn’t try to steer you in a direction that you are not comfortable with.


9. Communication. Lastly, but perhaps most importantly, is communication. You want someone who can clearly communicate the issues with you, especially in complex cases; someone who keeps you updated on proceedings; and someone who answers when you call or gets back to you in a reasonable amount of time.


You’ll want to interview at least two lawyers to determine who is right for you. Give yourself time to find the right fit and ultimately trust your gut in making a final decision. However, in order to properly evaluate your choices, you’ll need a set of questions to help you judge.


I’ve put together a list of questions to ask a potential divorce lawyer to help you determine if they are the right fit for your situation. You can also download it here from my website under Client Resources.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Views expressed are my own. Please consult a lawyer for advice on legal matters.

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Man reading a book on a couch in a bright living room while another person uses a laptop in the background
By Maggie Horsburgh June 25, 2026
I remember sitting in my parents' living room, watching them go about an ordinary Sunday afternoon. My mother puttering in the kitchen. My father flipping through his horse magazines. They weren't unhappy. There was a certain comfort in the life they had built together, a familiar rhythm shaped by decades of shared history. They had become experts at coexistence. The sharp edges had softened with time, but so too had some of the wonder. They moved around one another with the ease of people who knew each other's habits by heart, yet I sensed a quiet distance between them. Not conflict. Not loneliness. Just an absence of curiosity, anticipation, or connection. Life seemed less like an adventure they were experiencing together and more like a routine they had mastered. And as I sat there watching them, a question settled heavily in my chest: Is this it? Is this what we're working toward? We fall in love, get married, raise our children, build careers, pay the bills, save for retirement, and then one day find ourselves sitting across from the person we've spent a lifetime with. If the children are gone, the careers are winding down, and the responsibilities have eased, what remains? Is the goal simply to endure together? Or is there meant to be something more? The question felt disloyal at the time, maybe even selfish. After all, wasn't this exactly what my parents had worked so hard to build? But once it appeared, I couldn't shake it. That question stayed with me for years. It turns out I wasn't the only one asking it. That uncomfortable question is driving a shift in family life right now. Across North America, more couples over fifty are choosing to end long-term marriages - a phenomenon researchers call grey divorce . Its rise has forced us to rethink some long-held assumptions about marriage, aging, and what we want from the second half of life. And if you're in that season of life, there's a good chance you know at least one couple it has touched. Maybe it's touched you. For many people, the children leaving home doesn't just create empty bedrooms. It creates space to finally look at life itself. Without the distractions, responsibilities, and busyness that once held everything together, some couples find themselves facing a difficult truth: they no longer recognize the life they've built or the person sitting across from them. We're Not Who We Were at 25 Here's the thing nobody says at the wedding: people change. A lot. The person you married at 27 may be almost unrecognizable at 60, and so might you. That's not a failure. That's just life doing what life does. Many grey divorces aren't dramatic. There's no affair, no blow-up moment, no single villain. It's more of a slow drift. Two people who built a life around kids, careers, and keeping the wheels turning suddenly find themselves across the breakfast table with nothing left to manage. Realizing they don't actually know each other all that well anymore. Or worse, they know each other perfectly, and that's the problem. Retirement Breaks Things Retirement was supposed to be the reward. The destination. You grind for 35 years, you get the gold watch, and then life begins. Nobody warned us that "life beginning" requires actually knowing what kind of life you want. Particularly for men, work is identity. Its structure, purpose, status, and social life all rolled into one. When it disappears, the vacuum can be enormous. Some guys handle it beautifully and discover themselves. A lot don't. And instead of confronting that loss of purpose, it gets directed at the marriage. Suddenly, couples who used to co-exist comfortably around busy schedules are home together 24 hours a day. Routines that held a marriage together evaporate. Tension shows up in places it never did before. I've seen perfectly decent couples unravel in the first year of retirement because they had no idea who they were to each other outside of the logistics of running a family. The Unfulfilled Dream Factor This part gets me every time. I've watched many people spend their best years waiting. Waiting until the kids are grown. Waiting until retirement. Waiting until then . And then "then" arrives and there isn't enough of it left. My mother may have had a list. Things she wanted to do, places she wanted to go, parts of herself she planned to explore "someday." I imagine if she had a list, she secretly kept it on a notepad in her bedside drawer. Maybe it existed only in her mind. If there were a list of things, I don’t know if she ever did them. That haunts me more than I'd like to admit, and I think it's part of why I can't judge anyone who, at 65 or 75 or even older, decides they're done waiting. I once worked with a couple in their early 80s who were separating after 60 years of marriage. Everyone around them was shocked. I wasn't. I could see that she had one chapter left, and she was not going to spend it the same way she'd spent the rest. What struck me wasn't the separation. It was the fact that she still had dreams. I was relieved that she still had dreams. The House in the Middle Okay, here's where I put on my real estate hat, because this is where things get genuinely complicated. In Ontario, the matrimonial home is treated as a joint asset, full stop. It doesn't matter whose name is on the deed, who paid the mortgage, or how long you've lived there. It's split equally. And that's just the house. Pensions, RRSPs, investments accumulated during the marriage — all of it goes into the pot. When you add legal fees into the mix, something shifts quickly. A couple who once had a comfortable retirement plan can suddenly find themselves as two individuals trying to build separate lives on what used to support one household. The financial reality of that change is often more significant than people expect. And perhaps what makes it even more complex is timing. There is no long runway to recover. Divorce in your 30s is painful, but there are decades of earning ahead. Divorce at 65 or 70 means rebuilding on whatever time is left, with far less room for adjustment. There's also the inheritance piece, and it's awkward but worth stating: when one or both spouses move on to new relationships, estate planning gets complicated fast. Kids who thought they understood what was coming can find themselves blindsided. That resentment is real, and it's worth thinking through early. These are not abstract financial structures. They are lived realities inside families. My husband likes to describe his work in his seventies as “laying fresh pavement” every day because the runway, as he puts it, technically ended, and he is simply extending it as he goes. I think about that often when I look at this stage of life and these kinds of transitions. Some people are still building. Some are beginning again. And some are doing both at the same time. That’s what makes this stage of life so complex. Not just emotionally, but structurally, practically, financially. Everything matters more because there is less time to absorb the impact. You Have More Options Than You Think When it comes to the family home, couples have real choices. Sell and split. One spouse buys the other out. There are creative arrangements that work when both parties approach the situation practically rather than emotionally… though I won't pretend that's easy when you're grieving a 40-year marriage at the same time. What matters most is getting the right people around you early. A family lawyer who understands late-life divorce. A financial planner who can show you what both paths actually look like. And a Realtor who has seen this before and won't treat your home like just another listing. Because it isn't. Grey divorce is often hard. It can be expensive and emotional, and for many people, it reshapes what they thought their future would look like. But it can also be the beginning of something you never allowed yourself to consider before. With eyes open, good advice, and honest support, some people find their way into a life they hadn’t yet imagined. What that life looks like depends on what people are willing to imagine next.
Leaky chrome faucet dripping water against a warm yellow background
By Maggie Horsburgh May 4, 2026
If you’ve just separated and you’re staring down a house that needs work… whether you’re preparing to sell or settling in for the long haul, this is one of the parts nobody prepares you for.