Frequently asked questions

Stokes Law LLP focuses on four areas: family law (divorce, parenting, support, property division, cohabitation agreements), divorce/family mediation, Wills & Estates drafting, and civil law (estates, commercial disputes, property, and condominium matters).

Yes. Stokes Law LLP offers a free 30-minute consultation for both family/divorce matters and civil law matters. You can book online through our Calendly link.

Stokes Law LLP is based in Calgary, Alberta and serves clients throughout the Calgary metropolitan area and Alberta.

In addition to English, our team speaks Afrikaans, Hindi, Portuguese, Punjabi, Urdu, and Yoruba.

When you hire Stokes Law LLP you gain access to a team of lawyers rather than a single practitioner. Our collaborative model delivers the strength of multiple legal minds without the excessive cost of traditional firms.

Stokes Law LLP family lawyer rates start at $275 + GST per hour. A simple uncontested desk divorce typically runs $1,500–$3,500 all-in, while contested matters depend on complexity. We offer a free 30-minute consultation so you can scope cost before committing.

An uncontested (desk) divorce in Alberta is usually finalized in 4–6 months after the one-year separation requirement is met. Contested divorces involving parenting, support, or property disputes can take 12–24 months or longer depending on court timelines and complexity.

Under Alberta's Family Property Act, property acquired during the marriage is generally divided equally between spouses, while exempt property (inheritances, gifts, pre-marriage assets) stays with the original owner. The matrimonial home is treated specially and is typically shared regardless of who paid for it.

Child support follows the Federal Child Support Guidelines, based on the payor parent's guideline income and the parenting arrangement. Section 7 expenses — childcare, health, and reasonable extracurriculars — are shared proportionally to each parent's income.

Legally no, but a lawyer ensures the parenting plan, support, and property division are complete, enforceable, and won't create problems down the road. Stokes Law LLP handles uncontested desk divorces start-to-finish at a flat rate.

Spousal support follows the Spousal Support Advisory Guidelines (SSAG). The With-Child and Without-Child formulas use the parties' incomes, length of cohabitation, ages, and child support payable to produce a low–mid–high monthly range and a duration range.

Parenting disputes and guardianship are resolved under Alberta's Family Law Act and the federal Divorce Act. We help establish guardianship, decision-making responsibility, parenting time, and relocation arrangements — through negotiation, mediation, or court where needed.

Coercive control and family violence are explicitly recognized in the federal Divorce Act. They affect best-interests-of-the-child analysis, parenting orders, exclusive possession of the home, and Emergency Protection Orders. We build a safety-first strategy and coordinate with police and shelters where appropriate.

For self-employed payors, Guideline income often differs from line 15000. We analyze T1, T2, financial statements, and shareholder loans, add back personal expenses run through the business, and consider corporate pre-tax income under section 18 to determine fair child and spousal support figures.

Alberta's Family Property Act governs division of property — including the matrimonial home, RRSPs, pensions, business interests, shareholder loans, and digital assets. We work with valuators and accountants to identify, value, and divide corporate assets and family property fairly, including tracing exemptions.

The Family Focused Protocol is the case management track adopted by the Alberta Court of King's Bench for family law files. It front-loads early intervention — Early Intervention Case Conferences (EICCs), Judicial Dispute Resolution (JDR), and Family Docket Court — so parenting disputes, interim child and spousal support, and exclusive possession applications are triaged by a justice within weeks rather than months. The Protocol favours mediation, parenting experts, and binding JDR over contested chambers wherever the file allows, and Stokes Law LLP runs every Calgary family file through it where appropriate to reduce cost and conflict.

Alberta family law mediation is a confidential, without-prejudice process where a neutral mediator helps both spouses negotiate parenting, child and spousal support, and property division. Options include private mediation, Alberta Justice's free Family Mediation Program (for families with at least one child under 18 and combined income under $135,000), and judicial mediation through JDR under the Family Focused Protocol. Mediated agreements are documented in a separation agreement or consent order, each party first receiving Independent Legal Advice. Mediation is strongly preferred over litigation unless coercive control or family violence makes it unsafe.

Parenting matters are decided under the best-interests-of-the-child test in s. 16 of the Divorce Act and s. 18 of Alberta's Family Law Act. Courts weigh the child's needs, each parent's willingness to support the relationship with the other, history of caregiving, any family violence or coercive control, and — where age-appropriate — the child's views. Outcomes include guardianship, decision-making responsibility (formerly custody), parenting time (formerly access), and contact orders for non-guardians. Most parenting plans are settled through negotiation, mediation, or JDR rather than trial.

Cunningham v Seveny, 2017 ABCA 4, and Sweezey v Sweezey, 2016 ABQB 131, are the leading Alberta authorities on imputing Guideline income to self-employed and incorporated payors. Cunningham confirms that pre-tax corporate income under s. 18 of the Federal Child Support Guidelines is presumptively attributed to the shareholder-payor unless they prove the retained earnings are reasonably required for the business. Sweezey applies the s. 19 add-back framework to personal benefits run through a corporation — vehicles, meals, travel, home office, salaries to family members — and requires the payor to disclose T2s, GIFI schedules, shareholder loan accounts, and corporate financial statements. Together they mean self-employed Alberta payors cannot rely on line 15000 alone; we reconstruct Guideline income using Cunningham and Sweezey to produce a defensible child and spousal support number.

Family mediation is a confidential, voluntary process where a neutral mediator helps both parties reach an agreement on parenting, support, and property — without going to court. The mediator doesn't decide for you; they structure the conversation so you and your former partner can build a workable agreement together.

Mediation typically resolves a matter in hours or days at a fraction of contested litigation cost.

Most family mediations are completed in 1–3 sessions over a few weeks. Complex matters with significant property or business interests may take longer. Compare that to contested court files, which routinely take 12–24 months to resolve.

A signed mediation agreement — ideally reviewed with independent legal advice (ILA) — is enforceable as a contract and can be filed with the court as a consent order. Once a judge grants the consent order, it carries the same weight as any other court order.

Nothing said in mediation can typically be used against you later in court — mediation is without prejudice and confidential. If you can't reach full agreement, you can still narrow the issues, then resolve the remainder through negotiation, arbitration, or litigation.

Family mediation is a confidential process where a neutral, trained mediator helps separating parties reach mutually acceptable agreements on issues such as parenting, support, and property division — without going to court.

No. Mediation works for both self-represented parties and those who choose to have their lawyer present. Because your mediator is also a family lawyer, you receive legal context throughout the process at no additional cost.

Most matters are resolved in one to three sessions. Many couples reach a complete agreement in a single full or half-day session, depending on the complexity of the issues.

Mediation is billed at $350/hour plus GST. A retainer is collected before mediation begins, with any unused portion refunded promptly after the matter concludes.

All mediations are conducted virtually, allowing us to serve families anywhere in Alberta with flexible day, evening, and weekend scheduling.

Separation, child support, partner (spousal) support, parenting time and decision-making, and property and debt division — including corporate and digital assets.

If full agreement isn't reached, you can still benefit from any partial agreements made and pursue remaining issues through traditional channels. Nothing said in mediation can be used against you later.

Reach out through our contact page or call (587) 433-4623. We'll arrange an intake conversation, confirm scheduling, and walk both parties through what to expect.

A civil litigation lawyer represents clients in non-criminal disputes between individuals, businesses, or organizations — everything from contract breaches and estate fights to property and condominium claims. Stokes Law LLP handles civil disputes through negotiation, mediation, arbitration, and trial in Alberta courts.

Costs vary widely with complexity. A demand letter or short negotiation might run $500–$2,500; a contested action through pleadings, discovery, and trial can range from $20,000 to well over $100,000. Stokes Law LLP offers a free 30-minute consultation to scope your matter and discuss fee structure upfront.

Most civil matters settle in 6–18 months through negotiation or mediation. Cases that proceed all the way to trial in the Court of King's Bench typically take 2–4 years from filing to judgment, depending on court availability and complexity.

Under Alberta's Limitations Act, you generally have 2 years from the date you knew (or should have known) about the claim, with an absolute 10-year ultimate limitation. Some claims (estates, contribution, real property) have different limits — speak with a lawyer promptly to avoid losing your right to sue.

Yes. Will challenges and dependant relief claims are governed by the Wills and Succession Act and can be based on lack of capacity, undue influence, improper execution, or inadequate provision for spouses or dependants. Strict limitation periods apply, so act quickly.

Estate litigation in Alberta refers to legal disputes that arise after someone passes away, involving the administration, distribution, or validity of their estate. These matters are typically heard in the Surrogate Court — a division of the Alberta Court of King's Bench — and can include will challenges, dependants' relief and maintenance and support claims, removal or appointment of an executor, accounting of estate inventory, and passing of accounts.

A will can be challenged on grounds including lack of testamentary capacity, undue influence, lack of knowledge and approval, improper execution under the Wills and Succession Act, or suspicious circumstances. Time limits apply — we generally encourage anyone considering a challenge to seek advice promptly after probate is sought.

Commercial litigation covers disputes that arise in the course of business: enforcement of contracts, debtor-creditor disputes, shareholder and partnership conflicts, breach of fiduciary duty, business torts, and disputes between small businesses, suppliers, and clients.

Yes. We assist both landlords and tenants with residential and commercial disputes, including Residential Tenancies Dispute Resolution Service (RTDRS) applications, evictions, security deposit disputes, breach of lease, and commercial lease enforcement.

Real estate disputes commonly involve failed purchase and sale transactions, deposit disputes, easement and boundary issues, undisclosed defects, breach of the purchase contract, and disputes with realtors or contractors.

Condominium law in Alberta is governed primarily by the Condominium Property Act and its regulations. We support owners, boards, and residents with bylaw enforcement, condo fee disputes, special assessments, governance issues, and disputes with property managers or developers.

Yes. Our employment practice supports both sides — drafting and reviewing employment agreements, advising on terminations and severance, addressing human rights and workplace harassment complaints, and resolving employment disputes through negotiation or litigation.

Stokes Law LLP lawyers bill between $300 and $475 per hour plus GST. Articling students bill at $225/hr, paralegals at $200/hr, and legal assistants at $185/hr. We're open to flexible fee arrangements where appropriate and offer a free 30-minute initial consultation.

Timelines vary widely. Simple matters may resolve through negotiation or mediation in a few months. Complex contested files — especially those proceeding to trial — can take 18 months to several years. We work to resolve matters efficiently and explore early settlement opportunities wherever appropriate.

Yes. We help clients pursue negotiated and mediated resolutions wherever it makes sense. Mediation is often faster, less expensive, and less adversarial than a contested court process.

We act on civil disputes across estate litigation, commercial and contract disputes, property and real estate matters, condominium law, employment law, and mediation or negotiated resolution. If you're not sure whether your matter fits, give us a call — we'll tell you honestly.

Stokes Law LLP is based in Calgary at Suite 400, 909 – 17 Avenue SW (Mount Royal Executive Centre). We serve clients throughout Central and Southern Alberta, including Calgary, Airdrie, Okotoks, Cochrane, Canmore, Lethbridge, Medicine Hat, Red Deer, and points along the QEII corridor up to Edmonton.

Yes. Stokes Law LLP is currently accepting new civil clients. You can book a free 30-minute virtual consultation online or call our Calgary office to get started.

Yes — we offer a free 30-minute virtual consultation so we can understand your situation, answer initial questions, and explain how we'd approach the matter before you commit to anything.

We bill on an hourly basis. Civil lawyer rates currently range from $275 to $475 per hour plus GST, with paralegal and support staff billed at lower rates. See our Rates page for the full breakdown by team member.

Yes. Once we open a file, we typically request an initial retainer deposited into our trust account. Fees are drawn from the retainer as work is completed, and we provide regular detailed invoices so you always know where things stand.

You can book a free 30-minute virtual consultation directly through our online scheduler, email info@stokeslaw.ca, or call (587) 433-4623 during business hours.

A short written summary of the dispute, a timeline of key events, and copies of any contracts, correspondence, court documents, or demand letters that relate to the matter. The more context we have up front, the more useful the consultation.

Yes. Everything you share with us — even at the consultation stage and even if you don't end up retaining the firm — is treated as confidential and protected by solicitor-client privilege.

Yes. We regularly act for clients across Central and Southern Alberta and handle most steps virtually — video consultations, secure document exchange, and electronic signing. We attend court in person where required.

Civil litigation files at Stokes Law are generally handled on an hourly basis rather than contingency. If your matter might be suitable for an alternative fee arrangement, we'll discuss the options openly during your consultation.

It depends on complexity, the other side's posture, and whether the matter settles or proceeds to trial. Some disputes resolve in weeks through negotiation or mediation; litigated files can take a year or more. We'll give you a realistic range once we understand the facts.

Negotiation and mediation are ways to resolve a dispute without a judge deciding — usually faster, more private, and less expensive. Litigation is the formal court process and is sometimes necessary when the other side won't engage or when a binding decision is required. We help you choose the right path for your situation.

Call (587) 433-4623, email info@stokeslaw.ca, or visit our Contact page to book a consultation online. Office hours are Monday through Friday, 8:00 am to 6:00 pm MST.

A Will sets out who receives your estate and who administers it after death. A Personal Directive names someone to make personal and healthcare decisions if you lose capacity while alive. An Enduring Power of Attorney appoints someone to manage your finances and property if you become incapacitated. Together, these three documents cover what happens both before and after death.

If you die without a Will (intestate) in Alberta, the Wills and Succession Act decides who inherits and in what shares — and your spouse, common-law partner, or children may not receive what you would have intended. A Personal Representative also has to be appointed by the court, which adds delay and cost.

Most individual and spousal packages are drafted, reviewed, and signed within 2–3 weeks of your first meeting. We collect your instructions, prepare drafts for your review, then meet with you to sign and witness the documents properly so they're legally valid.

Spouses typically sign separate but mirrored Wills — meaning each spouse has their own Will containing identical terms (each leaves everything to the other, with the same alternate beneficiaries). Our spousal flat-rate pricing is built around mirrored documents. If you and your spouse want substantially different terms, we can still help — pricing is quoted separately.

Review your estate documents after any major life change — marriage, separation or divorce, a new child or grandchild, the death of a named executor or beneficiary, buying or selling significant assets, or moving provinces. As a general rule, revisit every 3–5 years even if nothing has changed.

A Notary Public is authorized under Alberta's Notaries and Commissioners Act to administer oaths, take affidavits and statutory declarations, certify true copies of documents, and notarize signatures for use in Canada and abroad.

A Commissioner for Oaths can administer oaths and take affidavits for use within Alberta. A Notary Public can do everything a Commissioner can, plus certify true copies of documents and notarize signatures for use outside Alberta — including internationally.

Yes — notarial services are by appointment so we can confirm the correct documents, your identification, and the right form of notarization for your purpose.

Bring the original document(s) you need notarized, any related instructions from the requesting party, and valid government-issued photo identification (driver's licence, passport, or provincial ID). Do not sign the document beforehand — most notarizations require you to sign in front of the notary.

Yes. We notarize signatures and certify true copies for documents being used internationally. Some countries also require authentication or an apostille after notarization — we can explain the next steps for your destination country.

Yes. The Stokes Law LLP support calculator is free to use, with no signup required. You can save scenarios locally in your browser and export a branded PDF summary.

Child support uses the Alberta column of the Federal Child Support Guidelines, DOJ 2025 Schedule I. Spousal support uses the Spousal Support Advisory Guidelines (SSAG) — both With Child and Without Child formulas.

Yes. The calculator supports primary, shared (40%+ time), and split parenting arrangements, plus Section 7 special and extraordinary expenses shared proportionally to income.

No. The calculator gives an estimate based on standard formulas. For binding figures and strategy, book a free 30-minute consultation with a Stokes Law LLP family lawyer.