Can You Make Changes To A Final Order Once You Get A Divorce In Virginia?
Going through a divorce can be one of the most difficult times in your life. It is natural to want to get it over with in the least amount of time possible. You may be willing to negotiate whatever terms your soon-to-be ex wants just to be done with it. However, before entering into any agreements or signing any documents, speak to our divorce attorney first.
Once a final divorce order is issued, your options in terms of changing it are limited. We explain what you need to know regarding your basic rights and special circumstances that may warrant divorce modifications
What You Need To Know When Filing For Virginia Divorce
It is important to understand your rights under the Virginia Code before attending divorce proceedings or agreeing to any settlements. Facts you need to be aware of include:
- Marital property and assets: Any property and assets accumulated over the course of your marriage are subject to equitable division. This means you are entitled to a fair share of homes, cars, household furnishings, personal belongings, money in bank accounts, shares in businesses, and retirement benefits.
- Spousal support: You may be entitled to spousal support payments if you make significantly less than your spouse or sacrificed your career or education for the sake of the marriage.
- Child custody and support: The courts generally encourage child time-sharing arrangements. Child support will be determined based on each party’s income and the child’s needs.
Making Modifications To Your Final Divorce Order
Rushing through divorce negotiations or failing to have an experienced divorce attorney on your side can put your rights in the above matters in jeopardy. Unfortunately, getting less than what you are entitled to in a settlement can impact your relationships, your financial security, and your overall well-being for years into the future.
Once a final divorce order is issued by a Loudoun County Family Court judge, it can only be changed under special circumstances:
- Marital property division: It is very uncommon for the court to approve changes in this area. The only exceptions are in the case of hidden assets or other types of deception.
- Spousal or child support: Modifications to the amount of spousal or child support paid may be made to accommodate a major change in the situation or in the financial circumstances of either party.
- Child custody: Modifications to child custody are somewhat more common and may be made if one party fails to cooperate with the terms of the original order or behaves in a manner that puts the child or the other parent in jeopardy.
Request A Consultation With Our Virginia Divorce Attorney
Making changes to a final divorce order is never easy and, in some cases, is nearly impossible. To prevent getting less than what you are entitled to, reach out to Schwartz Kalina, PLLC. For trusted legal guidance, call or contact us online and request a consultation with our divorce attorney today.
Sources:
vacourts.gov/courts/jdr/loudoun/home.html
law.lis.virginia.gov/vacode/title20/chapter6/
