Divorce Decree Modification Lawyer Virginia Beach — How to Change Your Final Order
A Virginia Beach divorce decree modification lawyer from Law Offices Of SRIS, P.C. helps you legally change the terms of your final divorce order. Under Virginia law, you can modify child support, custody, visitation, or spousal support if there has been a material change in circumstances. Our firm, founded in 1997, has handled numerous modifications in Virginia Beach Circuit Court.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Law on Modifying a Divorce Decree
In Virginia, a divorce decree is a final court order, but it is not always permanent. State law allows for modifications when there is a substantial change in circumstances that affects the welfare of a child or the financial situation of a party. The primary statute governing these changes is Va. Code § 20-108 for child support and Va. Code § 20-109 for spousal support. Custody and visitation modifications are governed by the “best interests of the child” standard under Va. Code § 20-124.3. You cannot modify the property division terms of your decree (equitable distribution) except in very rare cases of fraud or clerical error.
Official Resources & Court Information
To file a modification, you must submit a petition to the court that issued your original divorce decree, which for Virginia Beach residents is typically the Virginia Beach Circuit Court. The process involves filing specific forms, serving the other party, and attending a hearing. The court’s website provides access to forms and local rules.
- Consult with a divorce decree modification lawyer Virginia Beach to review your case and the likelihood of success.
- Gather documentation proving the material change (pay stubs, medical records, relocation notices).
- Your attorney drafts and files a Petition for Modification with the Virginia Beach Circuit Court.
- The other party is formally served with the petition and has an opportunity to respond.
- Both parties may engage in discovery and attend mediation if ordered by the court.
- Attend a hearing where a judge reviews the evidence and makes a ruling on the requested changes.
What Can and Cannot Be Modified
In Virginia Beach, you can modify child support, custody/visitation schedules, and spousal support, but you generally cannot modify the division of marital property and assets outlined in your original decree.
| Modifiable Term | Legal Standard Required | Typical Evidence Needed |
|---|---|---|
| Child Support | Material change in circumstances or 3 years since last order | Income changes, child’s needs, health insurance costs |
| Child Custody/Visitation | Best interests of the child | Relocation, changes in child’s school/health, parental fitness |
| Spousal Support (Alimony) | Material change in circumstances | Job loss, remarriage, cohabitation, retirement |
| Property Division | Generally NOT modifiable | Only for fraud, duress, or clerical mistake |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Modification Attorneys
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. For Virginia family law matters, our lead attorney is Samantha Powers, who focuses her practice on the intricate details of post-divorce modifications. Mr. Sris, the firm’s founder, provides strategic oversight and brings unique authority from having personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. We understand that life changes, and we are prepared to advocate for a court order that reflects your current reality.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results & Client Advocacy
Our firm has a documented record of favorable outcomes. In Virginia Beach, we have secured modifications for clients facing job loss, interstate relocation, and changes in their children’s needs. We approach each case with a focus on achieving a stable, enforceable new order. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Modification Lawyers
Our Richmond location serves clients in Virginia Beach and the surrounding Hampton Roads area. We are accessible via I-64 and I-264. If you need a lawyer to modify divorce order lawyer Virginia Beach or change divorce terms lawyer Virginia Beach, we are here to help.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
We serve Virginia Beach, Sandbridge, Oceana, and nearby communities.
Divorce Decree Modification FAQs for Virginia Beach
Can I modify child support in Virginia Beach without going back to court?
No. Any change to a court-ordered child support amount requires filing a formal petition with the Virginia Beach Circuit Court and obtaining a new order. Informal agreements between parents are not enforceable.
How much does it cost to modify a divorce decree in Virginia?
Costs vary. There is a filing fee (approximately $86), possible service fees, and attorney fees. An uncontested modification agreed upon by both parties will cost significantly less than a contested hearing. A consultation with our divorce decree modification lawyer Virginia Beach can provide a clearer estimate.
What is considered a “material change” for modifying spousal support?
It depends. Virginia courts consider changes like involuntary job loss, a significant increase or decrease in income, the supported spouse’s remarriage or cohabitation, retirement, or a serious change in health that affects earning capacity.
How long does a modification take in Virginia Beach?
If both parties agree, a modification can be finalized in 2-3 months. If the modification is contested and requires a hearing, the process can take 6 months or longer, depending on the court’s docket and the complexity of the issues.
Can I modify custody if the other parent moves out of state?
Yes. A parent’s relocation is often considered a material change in circumstances that can justify modifying the custody and visitation schedule to serve the child’s best interests, potentially requiring a new long-distance parenting plan.
Related Pages: For other legal needs, see our Virginia Beach criminal defense lawyer or Virginia Beach DUI lawyer pages. For statewide information, visit our Virginia family law hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.