Modifying a Virginia Divorce Decree: When and How You Can Make Changes

Life doesn’t stand still after a divorce in Virginia. Sometimes, the terms you once agreed to or were ordered to follow no longer make sense.

If you are dealing with changed circumstances related to child custody, support, or spousal support, you may be able to modify your Virginia divorce decree. At Schwartz Kalina, PLLC, our Virginia divorce attorney explains when modifications are allowed and how to request changes through the court.

When Can You Modify a Virginia Divorce Decree?

Virginia law recognizes that people’s financial and personal situations often change once a divorce is finalized. In some cases, those changes are substantial enough to justify revisiting the original court orders.

Under the Virginia Code, you may be eligible to request post-divorce modifications if you can show a material change in circumstances. However, keep in mind the court does not grant changes in judges’ orders without a good reason.

The burden is on you to prove that your current situation is significantly different from when the decree was entered. Common reasons you may be able to modify your Virginia divorce order include:

• The other party is violating the court order.
• There was a significant change in income, such as a job loss, promotion, or disability.
• A parent must relocate for work or family reasons, impacting child custody arrangements.
• There are changes in a child’s needs, such as medical or educational concerns.
• Remarriage or cohabitation impacts spousal support obligations.

Marital property division orders in a Virginia divorce are usually final. You typically cannot modify these types of divorce orders unless you can prove your former partner failed to declare all property in financial affidavits or has hidden assets.

How to Modify a Virginia Divorce Order

Modifying a final divorce order that was previously issued through the Virginia Family Court requires a formal process. Informal agreements between ex-spouses are not enforceable unless approved by a judge.

The first step is getting professional legal help. Actions our Virginia divorce lawyer can take in seeking modifications include:

• Review your original divorce decree and assess your current situation.
• Determine if your circumstances qualify as a “material change.”
• File a petition for modification through the Virginia court.
• Gather clear evidence to present before the court, justifying any changes.
• Respond to a modification request if your ex-spouse initiates one.

To Request Changes In Your Divorce Order, Contact Our Experienced Virginia Divorce Lawyer

Changing a divorce order in Virginia requires extensive knowledge of Virginia law and the ability to make strong legal arguments supported by evidence. At Schwartz Kalina, PLLC, we protect the rights of our clients and provide the professional legal representation needed when making this type of request.

We can thoroughly review the situation and the facts surrounding your case and advise you on the best options for seeking modification of spousal support, custody, or other changes. For trusted, local legal guidance, call or contact us online. Request a consultation today with our experienced Virginia divorce lawyer.

Sources:

law.lis.virginia.gov/vacode/title20/chapter6/section20-108/

loudoun.gov/959/Divorce-Information