Free and low-cost family law help in Canada and the US

The short answer

If money is tight, you have more options than most people realise. In Canada, start with your provincial or territorial legal aid plan and the free services at your family courthouse, such as duty counsel and family law information centres. In the US, start at LawHelp.org to find your local legal aid program, and visit your court's self-help centre. If you earn too much for legal aid, a limited scope lawyer who handles only the hard parts can keep the bill under control.

Fear of the bill stops a lot of people from getting any legal advice at all. That is understandable, and it is also how people end up signing agreements they don't understand or missing deadlines that cost far more later. You do not have to choose between a full-service lawyer and nothing. There is a whole layer of free and low-cost help in both countries, and most of it is underused.

This guide walks through each option, roughly in the order you should try them, and ends with a checklist of what to bring so you get the most out of a short appointment.

Three kinds of help, and why it matters

It helps to know what you are actually looking for, because the free options are not all the same:

Legal information explains how the law and the court process work in general. It is free, widely available, and anyone can use it. Court websites, public legal education sites and FairWell guides like this one are legal information.
Legal advice applies the law to your situation and tells you what you should do. Only a lawyer (or, in some places, a licensed paralegal or supervised law student) can give it. Free or cheap advice usually comes in short sessions.
Representation means a lawyer acts for you: writes to your ex's lawyer, negotiates, drafts documents and goes to court. This is the expensive part, and it is what full legal aid pays for if you qualify.

Many people can get through a separation with plenty of information, a few hours of good advice at the right moments, and representation only for the step that really needs it.

Legal aid in Canada

Every province and territory runs its own legal aid plan with its own rules. The main ones are Legal Aid Ontario, Legal Aid BC, Legal Aid Alberta, Legal Aid Saskatchewan, Legal Aid Manitoba, Quebec's Commission des services juridiques, Nova Scotia Legal Aid and New Brunswick's Legal Aid Services Commission, with plans also operating in Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories and Nunavut.

How eligibility works. Plans look at your household income, your assets and the size of your family, and then at the kind of problem you have. The limits are low and they differ by province, so don't rule yourself out by guessing. Call the intake line and let them assess you. Ask specifically whether your issue is covered: parenting, child support, spousal support, property, or a protection order.

Even if you don't qualify for a lawyer, you may qualify for advice. Legal Aid BC's Family LawLINE, for example, gives free legal advice by phone from a family lawyer to people with low incomes, and you may be able to use it whether or not you qualify for a legal aid lawyer. In Ontario, people who have experienced family violence can get a legal aid certificate for two hours of free advice from a lawyer.

You may have to pay some of it back. Legal aid is not always a gift. In Ontario, if your family has savings or property above fairly low limits, Legal Aid Ontario may ask you to sign a contribution agreement to repay some or all of the cost, and that can include a lien. Ask about repayment at intake so there are no surprises if you receive money or property in the settlement.

Legal Aid Ontario's toll-free line is 1-800-668-8258. For other provinces, your province or state page lists the right contacts.

Free help at the family courthouse in Canada

Ontario: Family Law Information Centres. Ontario's family courts have Family Law Information Centres (often called FLICs). Information and referral coordinators there can explain the court process, point you to forms, and refer you to mediation and community services. Legal Aid Ontario duty counsel lawyers work there too. Duty counsel can listen to your issue, explain the law that applies and help you on the day you are in court, but they are not your lawyer for the whole case. Ontario also runs a Mandatory Information Program session that explains the family court process, and you will usually need to attend it if you start a court case.

British Columbia: Family Justice Centres. BC's Family Justice Centres are run by the provincial government, and their services are free. Family justice counsellors help with parenting arrangements, guardianship, child and spousal support, and contact with a child, and they can help you understand your options, including mediation. You may be asked about your income because staff may refer you to other services that are based on financial need. The toll-free line is 1-844-747-3963.

Elsewhere in Canada. Other provinces and territories offer their own mix of court-based information services, duty counsel and family law phone lines. Your provincial hub on FairWell lists what is available where you live.

Subsidised and free mediation

Mediation is often the single biggest cost saver in a separation, and in several places the government pays for some or all of it. If you are not sure what mediation involves, our guide to separation mediation explains it.

Ontario. Free on-site mediation is available at family courts on the day your matter is scheduled. Off-site mediation through the court-connected service is charged on a sliding scale based on income and number of dependants. For people earning under $60,000 a year, Ontario lists fees of $5 to $105 per hour, depending on dependants, and providers can reduce or waive fees in some circumstances.
Quebec. Separating couples with children can get 5 hours of family mediation paid for by the government (2 hours 30 minutes if you are reviewing an existing agreement or judgment), on top of a parenting information session.
British Columbia. Family Justice Centres can help you resolve parenting and support issues without going to court, free of charge.
United States. Many courts offer custody mediation through the court itself. In California, for example, the Family Code requires mediation to be set when parents ask the court for custody or visitation orders and don't agree. Ask your court's self-help centre what is offered and what it costs.

Mediation is not right for everyone. If there has been abuse or you are afraid of your ex, tell the mediator or intake worker before anything is booked. Good services screen for this. Our guide to separating safely when there is abuse covers the alternatives.

Legal aid in the US

In the US, civil legal aid is delivered by local nonprofit organisations. The biggest funder is the Legal Services Corporation (LSC), which funds 129 independent nonprofit legal aid programs operating more than 800 offices. LSC-funded programs generally help people whose household income is at or below 125% of the federal poverty guidelines, and family law is a major part of their work: LSC says almost a third of the cases its programs close are family law cases, including protective orders and custody matters.

There are also legal aid programs that don't take LSC money, plus bar association pro bono programs and domestic violence organisations with legal advocates. Their income limits and priorities vary, so it is worth asking more than one.

Where to start. Go to LawHelp.org and choose your state. It links to free legal information, court forms and nonprofit legal aid programs in every state and territory. LSC's own website also has a search tool that finds the LSC-funded program nearest to your address.

Demand is high, and legal aid offices often can't take every eligible case. If they can't represent you, ask whether they can give brief advice, review your paperwork, or refer you to a pro bono lawyer or clinic.

Court self-help centres in the US

Many state courts run free self-help centres for people without a lawyer. In California, every court has a Self-Help Center, and family law facilitators (lawyers with family law experience) help people establish parentage, get or change support orders, and in many counties handle divorce, custody and domestic violence paperwork.

Self-help staff can explain procedure, help you find and complete the right forms, and calculate guideline support. They generally cannot tell you what you should agree to or argue for you in court. Use them for the paperwork, and pair them with a short advice session from a lawyer for the strategic questions. Our step-by-step guide to filing an uncontested divorce in the US shows where they fit.

Law school clinics

Many law schools in both countries run clinics where law students, supervised by lawyers, help people with low incomes. In Ontario, each law school has a legal aid clinic, located in Kingston, London, Ottawa, Thunder Bay, Toronto and Windsor. Clinics often work on the academic calendar, have waiting lists, and may not take every type of family matter, so call early and ask what they cover.

Limited scope (unbundled) lawyers

If you earn too much for legal aid but can't afford a lawyer for the whole case, a limited scope arrangement is often the best value available. Instead of handing over the whole file, you hire a lawyer for specific tasks, such as:

a one-time advice session on your options and rights
reviewing a draft agreement before you sign
drafting one document, such as a consent order or a letter
coaching you before a court appearance or mediation session
appearing for you at a single hearing

Lawyers in both countries can work this way. In the US, the American Bar Association's model ethics rule allows a lawyer to limit the scope of their work if the limit is reasonable and you give informed consent. Canadian law societies also allow limited scope retainers. Either way, get a written retainer that lists exactly what the lawyer will and will not do.

To get the most from a limited scope lawyer, arrive organised. Our guide to preparing for your first family lawyer meeting and the financial disclosure checklist will save you paid time. If you already have a draft agreement, FairWell's flat-fee lawyer review is another way to get a professional check without an open-ended bill.

How to qualify, and what to bring

Intake workers and duty counsel have limited time. Having these ready makes the difference between a useful appointment and being asked to come back:

Photo ID and, if relevant, your immigration documents.
Proof of income for your household: recent pay stubs, your latest tax return (in Canada, your Notice of Assessment), benefit statements, and any support you receive or pay.
Recent bank statements and a simple list of what you own and what you owe.
Who lives with you, including children and their ages.
Any court papers you have received or filed, with dates, and any existing order or agreement.
A one-page timeline: when you married or moved in together, when you separated, key events since.
Your ex's full legal name and address. Legal aid offices, clinics and lawyers must check for conflicts. They cannot help both spouses, so if your ex contacted them first, they will refer you elsewhere.
Your question, written down in one or two sentences.

If there is violence or you are afraid, say so at intake. It can affect how quickly you are helped and what safety steps are taken. Ask for an interpreter if you need one. Many services can arrange one: Legal Aid Ontario offers help in more than 300 languages, and Legal Aid BC's Family LawLINE has interpreters available.

What to do this week

Write your main question in one sentence and note your household income before tax. These are the first two things any intake worker will ask about.
Make one call. In Canada, call your provincial legal aid plan's intake line. In the US, go to LawHelp.org, choose your state, and contact the nearest legal aid program.
Find your courthouse service. Look up the family law information centre, Family Justice Centre or self-help centre for the court nearest you, and note its hours.
Put your documents in one folder, paper or digital, using the list above.
If you don't qualify for legal aid, ask two or three family lawyers whether they offer limited scope services and what a one-hour advice session costs. The FairWell directory is a starting point.
If safety is an issue, start with a domestic violence service or legal aid intake before anything else.

Common questions

What if I earn too much for legal aid but still can't afford a lawyer?

You still have options. Use free court services such as family law information centres, duty counsel or self-help centres for procedure and forms, look into subsidised mediation, check whether a law school clinic can help, and hire a limited scope lawyer for advice on the key decisions or a review before you sign.

Does legal aid cover divorce and separation?

Coverage depends on the plan. Many legal aid plans in both countries help with family matters such as parenting, support and protection orders, but what is covered, and how much, differs. Ask the intake worker directly whether your specific issue is covered.

Can duty counsel represent me in my family case?

Duty counsel can explain the law, help you understand your options and assist you on the day you are in court. They are not your lawyer for the whole case, so you will usually need other help to prepare documents and negotiate.

Will I have to pay legal aid back?

Sometimes. In Ontario, for example, if your family has savings or property above fairly low limits, Legal Aid Ontario may require a contribution agreement to repay some or all of the cost, which can include a lien. Ask about repayment at intake.

Is free mediation a good idea if there has been abuse?

Not always. Tell the mediator or intake worker about any abuse or fear before mediation is booked. Good services screen for this and may suggest a different process, such as shuttle mediation or working through lawyers.

Official sources

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This guide is legal information, not legal advice, and it is written for a general audience across Canada and the United States. Family law is provincial and state-based and changes over time. Before you rely on anything here for your own situation, confirm it with a qualified family lawyer in your province or state. FairWell can connect you with one through the professional directory.