I don’t make a lot of money but I need a lawyer. What can I do?
Navigating separation, divorce, or family law disputes can be overwhelming, especially if you’re concerned about legal costs. Hiring a lawyer might seem financially out of reach, but Ontario offers many options for affordable or free legal assistance. From Legal Aid Ontario to mediation and alternative dispute resolution, there are practical ways to get the support you need without breaking the bank.
Here’s how you can find legal help that works for your financial situation.
1. Apply for a Legal Aid Certificate
If you have a low income, you may qualify for a Legal Aid Ontario (LAO) certificate, which provides funding to hire a lawyer for specific legal matters such as child custody, support, or domestic abuse cases.
Step-by-Step Guide to Applying for Legal Aid
1. Check Your Eligibility
• Legal Aid uses your household size, income, and assets to determine eligibility.
• Refer to the income thresholds table below to see if you qualify.
2. Gather Your Documents
You’ll need proof of your financial situation, such as:
Recent pay stubs or Employment Insurance (EI) benefits.
Bank statements or tax returns.
Details about your legal case, such as court notices or agreements.
3. Apply
• Online: Visit the Legal Aid Ontario website.
• By Phone: Call 1-800-668-8258 for assistance (416-979-1446 for the Greater Toronto Area).
• In Person: Some local legal aid offices and courthouses may also take applications.
4. Wait for Approval
It can take up to 5 business days after the application to receive a decision and if approved, you’ll receive a Legal Aid certificate. If your case is complicated, it might take longer.
5. Find a Legal Aid Lawyer
• Use LAO’s lawyer directory or ask your local office for help connecting with lawyers who accept certificates.
Income Eligibility for Legal Aid
The table above outlines the maximum annual income your household can earn to qualify for Legal Aid Ontario. The “Income Threshold (Most Cases)” column applies to general family law matters, while the “Income Threshold (Domestic Abuse Cases)” column reflects slightly higher limits for individuals in domestic abuse situations. For example, if your household includes three family members and your income is below $39,352, you may qualify for Legal Aid. If you’re unsure, Legal Aid Ontario can help you determine your eligibility.
2. Contact Duty Counsel
If you’re attending family court without a lawyer, Duty Counsel can provide free legal advice and limited representation. They’re available at most family court locations and can assist with:
Temporary custody or access orders.
Restraining orders.
Child or spousal support matters.
Visit the Duty Counsel desk at your family court location and speak to them before your court hearing.
For more information about Duty Counsel services and locations, visit the Legal Aid Ontario Duty Counsel Offices page.
3. Use Family Law Information Centres (FLICs)
Family Law Information Centres (FLICs) are located in most family courts across Ontario and offer free resources, including:
Information about family law and court procedures.
Referrals to mediation and other community resources.
Assistance in completing court forms.
Visit your local family court to access FLIC services.
4. Consider Mediation or Arbitration
Mediation and arbitration are cost-effective alternatives to court. These processes involve a neutral third party to help resolve disputes and are often less expensive than going to court. Mediators do not decide your case or take positions.
Benefits of Mediation
Faster resolution than court.
Less formal and adversarial.
Sliding-scale fees are available through many programs.
Free family mediation services are available in all Ontario family courts. These services are available at the courthouse on the day you are scheduled to be in court and can help resolve issues relating to:
parenting time or decision-making responsibility in respect of children
child and/or spousal support
property division
There are also low cost off-site family mediation services available. User fees for off-site mediation are charged to clients on a sliding scale based on their income and number of dependents.
For more information on locations and fee schedules, visit Family Mediation Service Providers.
5. Hire a Lawyer for Limited Scope Representation
If hiring a lawyer for your entire case is too expensive, consider limited scope representation (unbundled services). This allows you to pay for specific tasks, such as:
• Reviewing documents or agreements.
• Providing legal advice on strategy.
• Representing you in one court appearance.
Ask lawyers directly if they offer this service, or search for family lawyers specializing in unbundled services.
6. Access Pro Bono Legal Services
Several organizations in Ontario provide free or low-cost legal services:
Family Justice Centre (FJC), an initiative by Pro Bono Students Canada. The FJC hosts virtual legal clinics where law students, supervised by family lawyers, offer free, unbundled legal services such as summary legal advice, legal coaching, court form drafting, and targeted referrals to low-income, self-represented family law litigants in Ontario. (Pro Bono Students Canada)
JusticeNet: Provides reduced-rate legal services for moderate-income earners.
AJEFO: For French-speaking individuals, AJEFO offers a directory to find French-speaking lawyers and provides a free 30-minute consultation.
7. Use Online Tools and Resources
If you cannot afford a lawyer, self-representation may be your only option. Ontario offers many free online resources to help:
CLEO (Community Legal Education Ontario): Free guides and videos about family law.
Ontario Courts Website: Family law rules and procedural guides.
CanLII (Canadian Legal Information Institute): A free online database that allows you to research Canadian case law, statutes, and regulations. CanLII is a valuable tool for finding relevant legal precedents and understanding how the law applies to your situation.
8. Consider Payment Plans
Some lawyers offer payment plans to spread out legal fees over time. When consulting a lawyer, ask if they are willing to negotiate a payment schedule that suits your budget.
Conclusion
While hiring a lawyer can be expensive, Ontario offers several resources to help those with limited financial means. Whether it’s through Legal Aid Ontario, Duty Counsel, mediation, or self-help tools, there are cost-effective ways to resolve your legal issues.
If you’re unsure where to start, reach out to Legal Aid Ontario or visit your local Family Law Information Centre for guidance. Taking the first step can help you protect your rights and move forward with confidence.