The 10 Steps On The Road To Divorce

Getting Started: A Step-by-Step Guide to Separation and Divorce

Whether this decision was mutual, unexpected, or your own, navigating separation is never easy. Here's how to move through the process with clarity and as little stress as possible.

1. The Decision

You probably didn’t expect your marriage to end, but here you are. Whether you made the decision, it was mutual, or it was not your choice at all, your next goal is to get through this with minimal emotional and financial damage.

2. Read This Website

Our site has free, detailed information about separation, legal options, and parenting issues.
Explore it at your own pace, it will help you make the most of your time with our divorce lawyers (especially if you're in Newmarket, Barrie, or Orillia).

3. Book a Consultation

Making the first call can be the hardest step. You may wonder:

Do I really want to go through with this?
Will this lawyer actually care?
Can I Trust Them?

When you call, you’ll speak to a real person who genuinely wants to help. Our lawyers are drawn to family law because we care about helping people through tough times.

4. Prepare for the First Meeting

Things to think about before your consultation:

Custody and parenting time
Child and spousal support
Division of property and assets

Read through our site so you’re familiar with the basics. Start brainstorming possible solutions, but stay open to alternatives. We’ll help you find a resolution that works for your family.

5. The Consultation

When you arrive:

Come a bit early to complete paperwork.
Bring any relevant info (like income and asset estimates).

During the meeting:

Your lawyer will listen to your story.
We’ll explain your legal rights, obligations, and the options available.
You’ll be asked about your goals and what you want your future to look like.

If you’re ready to proceed:

You can sign a retainer agreement to begin working with us.
If you’re not ready, no pressure. We’ll keep your file until you are.

6. Narrow the Issues

Some clients work out many details with their spouse before involving lawyers. If you’ve already come to an agreement:

We’ll review it, offer legal advice, and draft a proper separation agreement.

If you haven’t:

We’ll help you resolve what’s left, whether it’s a few items or everything.

7. Disclosure

To create a legally binding agreement, full financial disclosure is required:

You and your spouse must exchange proof of assets, debts, and income.
This includes tax returns (last 3 years), pay stubs, and documentation of property.

We’ll help you prepare a Financial Statement summarizing everything. Our law clerks can assist with collecting and organizing this info. (Note: While disclosure can be waived, we strongly advise against it.)

8. Negotiation Options

There are several ways to negotiate your agreement:

Kitchen Table

  • You and your spouse work out the terms on your own.
  • Then, your lawyer provides advice and prepares the agreement.

Mediation

  • A neutral mediator helps guide discussion (but can’t give legal advice).
  • Your lawyer finalizes the agreement after review.

Collaborative Process

  • You each work with specially trained lawyers and professionals.
  • You all commit to staying out of court.
  • If one person chooses to go to court, new lawyers must be hired.

(We believe this is the best option for most families.)

Cooperative Process

  • Your lawyers negotiate via email or letters.
  • Sometimes, four-way meetings are held.
  • If you can’t reach an agreement, court may follow.

Court

  • The last resort.
  • Expensive, time-consuming, and unpredictable.
  • A judge makes the final decisions, not you.

9. Separation Agreement

Once you’ve agreed on terms:

We’ll draft a Separation Agreement, a legally binding contract.
It doesn’t get filed in court unless enforcement is needed.
Agreements can be updated if both parties agree (e.g. parenting plans).

Most property and financial terms don’t change. Parenting, child support, and sometimes spousal support can be revisited as life changes.

10. Divorce Section

The final legal step.

Usually granted after 1 year of separation.
One party files, and the other accepts service.
Paperwork is sent to the court for a judge’s approval.
Processing time: 5 to 8 months.

Our team focuses exclusively on family law.

We’ll guide you through this transition with care, efficiency, and cost-effective solutions.

You don’t have to do this alone.

Barrie

124 Dunlop Street West
Barrie, ON L4N 1B1
(705) 727-4242

Newmarket

1195 Stellar Drive, Unit 4
Newmarket, ON L3Y 7B8
(289) 319-0634

Oakville

209 Speers Road, Unit 13
Oakville, ON L6K 0H5
(905) 291-6634

St. Catharines

110 James Street, Unit 105
St. Catharines, ON L2R 7E8
(905) 291-5231

© 1993–2026 Galbraith Family Law Professional Corporation · All Rights Reserved

© 1993–2026 Galbraith Family Law Professional Corporation

All Rights Reserved

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