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Our office is located in Saskatchewan.
If you are from another jurisdiction, this information may not be applicable.
Our Frequently Asked Questions page is for informational purposes only and should not be considered legal advice.
If you require legal advice, please consult with a lawyer. If you would like to work with our office, please contact us at: www.commonsenselawyer.com admin@commonsenselawyer.com or 1-306-975-7151
How Do I Get a Divorce?
To get a divorce, you need to apply to a court in the province or territory where you or your spouse resides. Divorce application forms and procedures vary from one province and territory to another.
In Canada, there is No Fault Divorce.
There are three grounds for Divorce in Canada:
- Separation for at least one year
- Adultery
- Cruelty
To apply for a divorce, the first step is to submit a Divorce Petition along with your original marriage certificate.
If you no longer have your original marriage certificate, you can order your marriage certificate from your provincial or territorial health services.
For more information on Divorce in Canada, visit:
How Much Does a Divorce Cost?
Court Costs:
$300 for a Divorce Petition
$11 to Note for Default
$95 for an Application for Divorce Judgment
Legal Fees:
At our office, we offer a flat rate of $1,500 + taxes for Uncontested Divorce Applications without children and $1,750 + taxes if there are children involved.
Other law firms may charge other prices.
Other Fees:
There might be other fees associated with getting a Divorce.
These fees are often referred to as “Disbursements”, and might include copying, postage, process server fees, etc.
For a breakdown of court fees, visit:
Saskatchewan Court Fees
If you need to order a marriage certificate, visit:
How long does it take to get a Divorce?
The process of getting a divorce is highly dependent on how busy the courts are as well as how quickly each step is attended to by the parties involved.
A divorce proceeding’s length starts at about three months and goes up from there.
For more information on Divorce in Canada, visit:
How do I get Separated?
To become separated, a couple needs to decide that the relationship is over.
Some couples need or want a separation agreement to crystalize the date of their separation and the terms of their separation.
To make a separation agreement there are various levels of formality. Some people choose to make a separation agreement themselves and others choose to hire lawyers to prepare it.
Some financial institutes require a separation agreement that has a certificate of independent legal advice attached to it for each party involved. To acquire a certificate of independent legal advice, the parties involved will each hire their own lawyer to review the separation agreement with them.
To build your own Separation Agreement, make an account on the PLEA website and use their agreement builder:
PLEA Separation Agreement
What is Mediation?
Mediation is a process wherein a third-party neutral assists parties to have a constructive conversation with the goal of deepening understanding of each other’s interests and hopefully reach a mutually satisfactory solution to the issue at hand.
For more information about mediation, visit:
Is Mediation appropriate for couples with a history of Intimate Partner or Family Violence?
A mediator will conduct an assessment as to whether a situation is suitable for the mediation process. Sometimes mediation is appropriate even when there is a history of intimate partner or family violence, and other times another process might be more appropriate.
For resources and assistance for families who have experience violence, visit:
How long does Mediation take?
At our office, we recommend each party to book a private consultation with the mediator to discuss the process and their priorities, expectations, and concerns, before proceeding to joint mediation meetings with all parties in attendance.
After each party has their consultation, a joint meditation meeting is booked with all parties in attendance.
Some mediations reach a conclusion at the end of the first joint meeting, and others require multiple meetings before concluding.
Some mediation end in formal agreements, others end with a deeper understanding of each other’s perspectives and parties walk away without the need for any written agreements.
What happens if Mediation doesn’t work?
If parties have tried mediation and cannot reach a satisfactory outcome, they can try another process, such as arbitration.
What is Collaborative Law?
Collaborative law is a process wherein each party is represented by a Collaborative Lawyer. The lawyers and the parties involved all sign an agreement to commit to resolving matters without the use of litigation. If the parties decide to leave the Collaborative process and enter litigation, the Collaborative Lawyers must withdraw from the proceeding and none of the work done within the Collaborative process can be used in the litigation process.
In the Collaborative law process, other Collaborative professionals can be involved such as mediators, counsellors, financial advisors, etc.
For more information about Collaborative Law, visit:
What is Arbitration?
Arbitration is the use of a third-party neutral to make a binding or non-binding decision upon parties based on the evidence the parties provide.
For more information about Arbitration, visit:
What is Parenting Coordination?
Parenting Coordination is the use of a third-party neutral to assist parents in resolving their issues related to co-parenting. Parenting Coordination is a bit of a mix of mediation, conflict-coaching, and arbitration.
For more information about Parenting Coordination, visit:
How much does it cost to work with a Lawyer?
Many lawyers charge on an hourly rate.
At our office, our lawyers’ hourly rates vary between $350 – $575 + taxes.
Some legal matters at our office are billed at a flat rate. Flat rates vary depending on the service required.
To book an appointment with a lawyer at our office, please visit:
How much is a Retainer?
Retainers vary depending on the lawyer a person is working with.
At our office, during a client’s initial consultation, the lawyer will provide a quote for deposit. The deposit needed is not necessarily representative of the full cost of the proceeding and will be dependent on the individual’s service needs.
To book an appointment with a lawyer at our office, please visit:
How much does it cost to work with a Mediator?
Our lawyer mediators charge at an hourly rate and on a retainer basis.
If you work with our non-lawyer mediators, their mediation services are bundled and the costs start from $1,500 for an introduction bundle.
To speak to our Client Experience Manager to discuss our services and see which mediator is right for you, please visit:
How much does it cost to work with an Arbitrator?
Many arbitrators charge on an hourly rate.
At our office, we currently do not offer arbitration services.
To find an Arbitrator, visit:
How much does Collaborative Law cost?
Collaborative Lawyers rates vary.
At our office, the cost of working with a Collaborative Lawyer is $575 + taxes per hour.
To book an appointment with a Collaborative Lawyer at our office, please visit:
CommonSense Lawyer | Online Booking
How much does Parenting Coordination cost?
Parenting Coordinators rates vary.
At our office, we currently do not offer this service.
How much does a Separation cost?
Couples can separate completely without professional services.
If a couple decides they would like to use lawyers to assist them with putting together a separation agreement, the hourly rate of those lawyers would apply.
At our office we see a range of costs. Some couples use very little professional services, and the cost is quite low, while others have complicated situations and use a lot of professional services to reach an agreement.
We’ve seen everything from $500 – $30,000.
To book a consultation to discuss how much your separation might cost, please visit:
CommonSense Lawyer | Online Booking
How much is Child Support?
Child Support is determined using the Federal Child Support Guidelines and will be dependent on the incomes of the parents and their parenting agreement.
You can look up what your approximate child support obligation might be here:
How much is Spousal Support?
Spousal Support is negotiated outside of litigation using the Spousal Support Advisory Guidelines and will be dependent on the incomes of the spouses and the length of their marital relationship.
When people “go to court” about spousal support, the court makes a ruling based on the Spousal Support Advisory Guidelines, the particulars of the situation, and Case Law.
You can look up what your spousal support range might be here:
How do I get Parenting Time?
Some parents agree to their parenting time arrangements between themselves.
If a parent is having difficulty in planning for parenting time, they might hire a lawyer or other professional to help them negotiate parenting time.
In some situations, a parent will ask the court to make an order regarding parenting time. This is usually an undesirable process option, as it is often costly both financially and relationally, and can take a long time.
For more information about Parenting Time, visit:
How do I get Sole Decision-Making for my children?
Some parents decide that one parent should oversee making all decisions relating to their children. This might be because one parent is unable to make decisions because of geographical location or some other reason. To do this, parents might sign an agreement stating which parent will be responsible for all the decision-making.
In some situations, a parent will ask the court to make an order granting them sole decision-making for their children. This is usually an undesirable process option, as it is often costly both financially and relationally, and can take a long time.
For more information about Decision-Making, visit:
How do I pick a Lawyer?
When selecting a lawyer people should look to find someone who shares their values. For example, if it is important to you to resolve matters without the use of litigation, it is important to find a lawyer who advertises that they are a Collaborative Lawyer.
Another good way of selecting a lawyer is to ask trusted friends and family who they recommend.
Reading reviews of lawyers is another good way to see if a lawyer will be a good fit for you.
How do I pick a Mediator?
When selecting a mediator, it is helpful to ensure the mediator is reputable, has good reviews, and has the proper qualifications to assist you.
For example, if you need a mediator for a family mediation, it might be helpful if they are on the Minister’s List:
How do I pick an Arbitrator?
When selecting an arbitrator, it is helpful to ensure the arbitrator is reputable, has good reviews, and has the proper qualifications to assist you.
For example, if you need a mediator for a family arbitration, it might be helpful if they are on the Minister’s List:
How do I pick a Parenting Coordinator?
When selecting a parenting coordinator, it is helpful to ensure the parenting coordinator is reputable, has good reviews, and has the proper qualifications to assist you.
For example, if you need a parenting coordinator to fulfill the Early Family Dispute Resolution requirement, it will be helpful if they are on the Minister’s List:
What can I do if I can’t afford a Lawyer?
If a person cannot afford a lawyer, they might be eligible for Legal Aid.
If a person is not eligible for Legal Aid, they might be eligible for Pro Bono Services.
There are also some lawyers who offer pro bono legal services.
If a person is not eligible for Legal Aid, Pro Bono Services, and cannot find a lawyer who provides pro bono legal services, a person might want to seek a lawyer who works on contingency or might offer a payment plan.
Some people choose to get a line of credit or other type of loan to pay for legal services.
How do I pick a process to use?
It is often helpful to start with the “least formal” process option and move through formality as needed. For example, discuss with the other party involved if you could reach a solution together without the assistance of a professional. If that will not work, the next level of formality might be mediation, and if that does not work, maybe arbitration and so on and so forth.
Here’s a helpful diagram of process formality:
How much does it cost to make a Will?
Some people choose to write their own Will in their own handwriting, in which case, it does not cost them anything other than the cost of the paper and ink that they use to write it.
Other people choose to have a lawyer assist them. Lawyers charge various rates for the creation of a Will.
To book an appointment to make a Will with a lawyer from our office visit:
CommonSense Lawyer | Online Booking
What is involved in making a Will?
Some people choose to write their own Will in their own handwriting and keep it very simple, even as simple as just saying “I leave all to the wife”:
Other people have complicated wishes, and a lawyer can assist them in drafting a Will that properly reflects their desires.
Basic information needed is:
- Who will be responsible for your estate?
- Who do you want to receive your estate?
More complicated situations a lawyer can provide proper guidance as to what information is needed.
When a Last Will and Testament is drafted, the person signs it in the presence of two witnesses and it becomes a valid Will.
To book an appointment to make a Will with a lawyer from our office call 1.306.975.7151
What is involved in making a Power of Attorney?
A power of attorney can be made at any time if the grantor is at least age 18 and mentally competent. It must be:
- in writing;
- dated and signed by the grantor; and
- either witnessed by a lawyer and accompanied by a legal advice and witness certificate, or witnessed by two competent adults, other than the named attorney or a family member of the grantor or attorney and accompanied by two witness certificates.
As above, a lawyer can assist with this, or a person can attend to creating this themselves using these forms:
How much does it cost to make a Power of Attorney?
Some people choose to write their own Power of Attorney, in which case, it does not cost them anything other than the cost of the paper and ink that they use to write it.
Other people choose to have a lawyer assist them. Lawyers charge various rates for the creation of a Power of Attorney.
To book an appointment to make a Power of Attorney with a lawyer from our office call 1.306.975.7151.
What is involved in making an Advanced Health Care Directive?
A person might attend to creating a Health Care Direction at the hospital preceding a medical procedure or might do so themselves using the following forms:
These forms can be found here:
Advanced Health Care Directive Forms
A person might choose to have a lawyer assist them in the creation of a Health Care Directive, and to do that the basic information needed is:
- The name of the person designated as proxy
- Medical wishes (example: no life sustaining measures to be taken)
A person will then sign the Health Care Directive with their lawyer and can be provided to the person’s health care team and proxy for future reference.
To book an appointment to make an Advanced Health Care Directive with a lawyer from our office call 1.306.975.7151.
How much does it cost to make an Advanced Health Care Directive?
Some people choose to write their own Health Care Directive, in which case, it does not cost them anything other than the cost of the paper and ink that they use to write it.
Other people choose to have a lawyer assist them. Lawyers charge various rates for the creation of a Health Care Directive.
To book an appointment to make an Advanced Health Care Directive with a lawyer from our office call 1.306.975.7151.
How much does a Real Estate transaction cost?
Legal fees for real estate transactions vary depending on the lawyer.
At our office, we do not offer real estate services.
Real estate law firms will charge legal fees for their services.
In addition, there are extra fees commonly referred to as “disbursements”. These fees vary depending on the transaction and may include title transfer fees, photocopies, postage, title insurance, tax certificates, etc.
How much does Adoption cost?
Legal fees for adoption vary depending on the lawyer and must be approved by the court.
At our office we typically charge hourly, however, discuss with your lawyer what the estimated cost might be.
There will usually be additional fees commonly referred to as “disbursements”. These fees may include, photocopies, postage, etc.
To book an appointment to discuss adoption, call our office at 1.306.975.7151.
How long does Adoption take?
The length of how long the adoption process will take will depend on many factors.
Book a consultation to discuss with a lawyer the specifics of your situation and they will be able to give you an estimated timeframe.
To book an appointment to discuss adoption, call our office at 1.306.975.7151.
What is Litigation?
Litigation is often referred to as “going to court”. Litigation is a process wherein people apply to the court to have to decision made for them.
What is the cost of Litigation?
Litigation is often the most expensive process option. The cost may vary depending on the nature of the situation as well as whether the person is representing themselves or having a lawyer represent them.
What is involved in Probating a Will?
When a person with a Will passes away their executor may apply to have the Will probated.
People may choose to do so themselves or hire a lawyer to assist them with the process.
To probate a Will, the original Will is needed, along with the death certificate. The executor needs to provide an estimate of the total assets and how they are and were they are held (example: Savings Account Number XXXXXXXXX held at XXX Financial Institute in the amount of $15,000).
There might be other documents needed depending on the situation and there will also be additional documents that need to be submitted to the court.
When the application for probate is submitted, there are court fees that will need to be paid. The breakdown of court fees can be found here:
Court Fees for Probate
To book an appointment to discuss applying for Letters Probate call our office at 1.306.975.7151.
What is the cost to Probate a Will?
The court costs to Probate a Will can be found here:
Court Fees for Probate
The cost to have a lawyer assist with Probate is based on the Tariff, which can be found here:
Tariff of Costs
To book an appointment to discuss applying for Letters Probate, call our office at 1.306.975.7151.
What happens if someone dies without a Will?
If a person dies without a Will, a person close to them can apply to be the Administrator of the estate. This is a similar process to applying for probate, with similar requirements and costs. The breakdown of court fees can be found here:
Court Fees for Letters of Administration
To book an appointment to discuss applying for Letters of Administration, call our office at 1.306.975.7151.
What is the cost to apply for Letters of Administration?
The court costs to apply for Letters of Administration can be found here:
Court Fees for Letters of Administration
The cost to have a lawyer assist with an application for Letter of Administration is based on the Tariff, which can be found here:
Tariff of Costs
To book an appointment to discuss applying for Letters of Administration, call our office at 1.306.975.7151.
What happens with Property Division during a separation and divorce?
Default for property division in separation and divorce, whether folks are common-law spouses or married, is generally an equal division of value between the parties. Every situation is unique and property division can be negotiated through the separation process to ensure each spouse is as satisfied as they can be with the property division arrangement. If you have more questions about property division, we encourage you to book an appointment with one of our lawyers by calling 1.306.975.7151.
When can children decide which parent they live with?
In Saskatchewan, the legal age of majority is 18. Therefore, up until that age parents are responsible for decisions related to where their children live. Many parents recognize that throughout a child’s life they might relate more to one parent than the other and want to spend more time with that parent. Furthermore, many parents also recognize that as children enter adolescence they are opinionated about where they live, and it might be difficult to enforce living arrangements that are contrary to where the child wants to live. If you are concerned about your child’s wishes being considered regarding where they live and how and when they spend time with each parent, we encourage you to book an appointment with one of our lawyers to discuss child inclusive process options by calling our office at 1.306.975.7151.
Can Collaborative Law be used for non-family matters?
Though in Saskatchewan Collaborative Law is primarily used for Family matters, however, Collaborative Law can be used for any legal dispute! For more information about using Collaborative Law for non-family matters we encourage you to book an appointment with one of our lawyers by calling 1.306.975.7151.
What’s involved in the adoption process?
Depending on what kind of adoption, the process may vary. Most adoptions consist of a Guardianship Agreement between the biological parents and the adoptive parents, a Home Study of the adoptive parents, notice being provided to the ministry, as well as the adoptive parents participating in PRIDE Training. If you are interested in adoption, we encourage you to book an appointment with one of our lawyers to discuss what steps might be required for your unique situation by calling our office at 1.306.975.7151.
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