Do I have to pay taxes on child support or spousal support if I receive it?
For child support, the recipient does not pay income taxes and the payor does not get a tax deduction for the payments. For spousal support awards made after January 1, 2019, the same is true for spousal support – it is not includable as income for the payee nor deductible to the payor.
I have been a stay at home spouse/parent. How much support will I get if I divorce my spouse?
Child support is GENERALLY awarded to the parent who has primary custody of the child/children. The amount of child support is based on guidelines set out in the Virginia Code – generally using the combined gross incomes of the parties, the cost of work related child care for the child/children and the cost of health insurance provided for the child/children AND TAKING INTO ACCOUNT THE NUMBER OF DAYS EACH PARENT HAS CUSTODIAL ACCESS OF THE CHILD. Spousal support is awarded based on various factors enumerated in the Virginia Code, i.e. duration of the marriage, ability of the payor to pay, need of the payee, standard of living during the marriage, etc. There are no specific guidelines or calculations for spousal support. SPOUSAL SUPPORT IS DETERMINED ON A CASE BY CASE BASIS.
Can I force my spouse to leave the residence while we are separated or in order to start our separation?
It is difficult to get a court to order a spouse to leave a marital residence absent abusive behavior. Thus, for one spouse to get possession of a house to the exclusion of the other spouse is unlikely. However, many separated spouses are able to live separately under the same roof with certain rules in place. Or parties may agree that one spouse will have use of the residence and the other vacates during the separation period.
How long does it take to get divorced?
The length of time it takes to get a divorce will be determined by numerous factors which include the complexity of the financial estate of the parties, whether there are contested fault grounds for divorce, equitable distribution, custody and support issues and whether the parties have met the statutory requirements for separation periods if parties are seeking a no-fault divorce. The process is shorter for parties who are able to reach agreement regarding some or all of these issues. If parties must litigate any of these issues, timing is also dependent on the availability of court docket time.
Where do you practice?
Marquis Law Group’s main office is located at 20 West Market Street in the Town of Leesburg. We practice in Loudoun County and throughout the Commonwealth of Virginia. Our proximity to the Loudoun County Courthouse gives us a natural preference for our home turf, but we appear regularly throughout the courts of northern Virginia, including Fairfax, Arlington, Alexandria, Prince William County, Fauquier, Clarke, Frederick, Winchester, Rappahannock, Warren and beyond.
How much do you charge?
Our fee structure depends on the type of services required. For some cases we provide services based on an hourly rate, while others have a flat-fee structure or are contingent on you being awarded financial compensation. We provide an estimate during your initial consultation appointment and are happy to answer any questions or concerns about costs clearly and upfront with a phone call to our office.
What can I expect at a consultation appointment?
The first appointment allows us to get to know each other. Expect to share general information about your situation and to answer clarifying questions from our attorneys during your first consultation appointment. Gathering this information helps us evaluate your case and determine what type of legal services you will need as well as which attorney, or group of attorneys, are best suited to handle your case. You may be asked to provide documentation or more detailed information once we establish representation.
For criminal defense and personal injury matters, there is no consultation fee. For matters of family law and wills, the initial consultation does carry a fee, as you will receive legal knowledge and actionable advice.
Do you offer virtual appointments?
Marquis Law Group prides itself on client comfort and safety. We welcome you to our office for a confidential meeting in our well apportioned conference rooms or private offices. We have the ability to practice social distancing while offering you top notch service, including no-contact document delivery. We also regularly make appointments through video and phone conferencing, utilizing secure and confidential platforms. One of our top priorities is to make every client comfortable.
What makes Marquis Law Group different from other firms?
Experience and communication are the hallmarks of our legal service. From the first phone call to your final signature, every interaction with Marquis Law Group is distinguished by efficiency and compassion. We are transparent about our process and fees, setting expectations about outcomes and timing, and following through to make sure you understand your legal options and the next steps available.
To better understand our client experience, we encourage you to read the reviews of actual clients. You can find a link to AVVO reviews on our attorney’s pages.
What payments do you accept?
We accept cash, check and all major credit cards. Depending on the nature of the representation, we may be able to create a payment plan that allows you to be more financially flexible.
How long will my case take?
At your initial consultation, your attorney will go over the steps that your case will take and provide a better understanding of the timing. Some matters can be handled expeditiously while others simply take time because of the courts or other people’s involvement. For urgent matters, call the office and explain your situation so someone can get in touch right away.
Who will be working on my case?
Marquis Law Group has experienced partners and staff who work in combination to meet your legal needs. You may meet with one attorney but rest-assured, there are many hands at work behind the scenes.
What options are there to resolve the issues – do I have to go to court or can I mediate or resolve in a different way?
In today’s practice, options other than litigation in the courtroom are available for almost all representations. Criminal cases are not resolved by mediation or arbitration but many other types of issues certainly are. Specifically, family law cases (divorce, custody, support) and personal injury cases are resolved by mediation in increasing percentages. Other matters – contract disputes generally – may be resolved by mediation or arbitration. If litigation is the only avenue for resolution, the firm’s attorneys are all experienced in the courtroom and have achieved significant successes as trial lawyers.
Do I have to pay child/spousal support?
Maybe. Child support is paid by the non-custodial parent to the custodial parent and is based on a formula determined by the Virginia legislature. If you and the other parent share custody of your children, child support takes the number of days each of you has custody into consideration. The requirement to pay spousal support is determined in a different way – by evaluating a number of factors listed in a specific provision in the Virginia Code. Generally, a spouse pays support if he/she earns significantly more money than the other spouse and the other spouse needs support upon which to live. Many other factors are also important, including the lifestyle of the parties during the marriage, whether one spouse contributed to the other spouse’s ability to earn by staying at home and caring for the children, and other matters.
Can I get the other parent to sign away their parental rights?
Probably not. Even parents who do not participate in the lives of their children or provide financial support may not “sign away” their parental rights in Virginia. If a biological parent approves of a step-parent adoption, termination of the biological parent’s rights may be accomplished through the courts.
How often can I see and be with my children?
We can help create a visitation plan that works for you. If you have a plan that is no longer working for you, please bring any paperwork and any court orders or decisions to your consultation. We will provide personalized advice and outline your options.
Can I keep the house?
Marquis Law Group can advise you of both your rights and what might be best for you following a divorce. Set up a consultation to discuss your situation with one of our Family Law attorneys. They can provide personalized advice and outline your options.
Can I force my spouse out of the house?
Marquis Law Group can advise you of both your rights and what might be best for you following a divorce. Set up a consultation to discuss your situation with one of our Family Law attorneys. They can provide personalized advice and outline your options.
My spouse makes most of the money and has cut me off – how can I pay my bills?
This is the type of situation when a consultation needs to be arranged immediately. Our Family Law attorneys can advise you of both your rights and your options right away, and help you work toward a more amicable outcome.



