Can you use a single lawyer for a divorce?

Family law, an often challenging legal area, saw a fresh approach in Alberta. Melissa Bourgeois, an experienced lawyer in Edmonton, spotted a new divorce approach that’s popular in the U.K.

She felt it could be a game-changer for Canada too. The idea is to let one lawyer handle low-conflict divorces for both spouses. Right now, each spouse needs to have their own lawyer, which doubles legal costs.

Melissa Bourgeois introduced a “one family, one lawyer, one fee” model for low-conflict divorces, the first in Canada.

Key points of the article

1. Traditionally, Canadian couples needed separate lawyers for divorce due to conflict of interest concerns.
2. Divorce can be costly, with the average contested divorce costing at least $20k.
3. Bourgeois’ method has successfully helped 40 couples at a flat rate of $5,000. The average divorce takes around 7 weeks to complete under the one-family-one-lawyer model.
4. This divorce method promotes an amicable separation, preserving relationships, especially as co-parents.
5. However, some cases with financial or power imbalances might not be suitable for this model.
6. Alternatives to traditional litigation, such as mediation, are also available.

A survey in 2021 revealed that the typical uncontested divorce costs around $2000 taking up to six months. When disagreements arose, costs could easily soar to over $20k.

How Families Are Opting for One Lawyer to Reduce Expenses

Many couples were keen to maintain good relationships post-divorce, especially if they had kids. They were looking for faster, less confrontational, and more affordable methods.

The Law Society of Alberta granted Melissa Bourgeois the OK to launch her innovative “one family, one lawyer, one fee” model. So far, her firm, One Family Law, has achieved incredible results. They’ve guided about 40 couples through their divorces in around seven weeks, each at a flat rate of $5,000.

Edmonton resident Bryan Sali stands testament to this new method. He and his ex-wife ended their 15-year marriage with Bourgeois’ assistance.

The Rising Trend of Families Using One Lawyer in Divorces

According to Bryan Sali, the approach saved not only money but also the relationship they share as friends and co-parents. Many, like Sali, don’t want drawn-out legal battles, which often erode any goodwill left in the marriage.

Kevin Caspersz, from the family law firm Caspersz Chegini LLP, expressed reservations, emphasizing the need to handle potential conflicts of interest carefully.

He acknowledged the need for options outside traditional litigation. Mediation, he suggests, provides another alternative. By engaging a neutral mediator, couples can find common ground and then consult their lawyers for legal advice.

Kevin Caspersz says limiting emotional and financial strain is crucial in divorces. High emotions can complicate proceedings and inflate costs.

Is Using A Single Lawyer Right?

Melissa Bourgeois acknowledges her model isn’t a one-size-fits-all. In cases where there are clear financial or power imbalances, traditional methods might be best.

However, she remains optimistic. She believes many couples want a smooth transition, with reduced emotional and financial burdens. Many still aim to co-parent effectively and merely require legal help to formalize their plans.

She concluded by highlighting the shift towards healthier co-parenting solutions, proving there are ways beyond traditional, costly litigation.

What do you think about using a single lawyer for a divorce?