Virginia Beach Divorce Decree Modification Lawyer — 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 a final divorce order. Under Va. Code § 20-108, you can modify child support, custody, or spousal support if there is a material change in circumstances. Our firm has 8 documented results in Virginia Beach.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Legal Grounds for Modifying a Divorce Decree in Virginia
Virginia law allows courts to modify certain terms of a final divorce decree, but not all. The primary statute governing modifications is Va. Code § 20-108 for child support and Va. Code § 20-109 for spousal support. Custody and visitation modifications are governed by Va. Code § 20-108. The court cannot modify the equitable distribution of property after a final decree is entered, as those orders are generally final. To succeed, you must prove a “material change in circumstances” since the last order was entered. This is a legal standard that requires specific evidence. A divorce decree modification lawyer Virginia Beach can assess whether your situation meets this threshold.
Official Legal Resources
For the full text of the laws, review Va. Code § 20-108 (official Virginia General Assembly). For local court procedures, visit the Virginia Beach Circuit Court website.
Virginia Beach Court Process for Modification
To change divorce terms lawyer Virginia Beach residents must file a formal petition with the Virginia Beach Circuit Court. The process begins with filing a Motion to Modify and supporting financial affidavits. The key local procedural fact is that Virginia Beach Circuit Court requires a detailed showing of the material change, such as a job loss, significant income change, relocation, or change in a child’s needs. The court will schedule a hearing, and both parties have the right to present evidence and cross-examine witnesses.
- Consult with a divorce decree modification lawyer Virginia Beach to evaluate your case.
- Gather evidence proving a material change in circumstances (pay stubs, medical records, relocation notice).
- Your attorney drafts and files a Motion to Modify with the Virginia Beach Circuit Court clerk.
- The other party is served with the motion and has an opportunity to respond.
- The court may order mediation or schedule a hearing.
- Attend the court hearing where a judge will decide on the modification.
Potential Outcomes and Considerations
In Virginia Beach, modifying a divorce decree can adjust child support, custody schedules, or spousal support amounts, but it cannot redistribute marital property.
| Modification Type | Legal Standard | Possible Outcome | Court Fees |
|---|---|---|---|
| Child Support | Material change in circumstances or 3 years since last order | Increase or decrease based on guidelines | ~$86 filing fee |
| Custody/Visitation | Best interests of the child, material change | Revised parenting plan | ~$86 filing fee |
| Spousal Support | Material change in circumstances | Increase, decrease, or termination | ~$86 filing fee |
| Property Division | Generally NOT modifiable | Order remains final | N/A |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Family Law Team
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law at the legislative level. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Virginia Beach, we have 8 documented case results. We understand the local court’s expectations for proving a material change.
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
Documented Case Experience
Our firm has 8 documented case results in Virginia Beach across all practice areas, with a 100% favorable outcome rate for those cases. While past results in other localities, such as Accomack County where we secured dismissals for reckless driving charges, demonstrate our litigation skill, every case is unique. For your modification case, we apply the same rigorous approach to evidence and procedure.
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Beach Divorce Modification Legal Help
Our Richmond location serves clients with cases at Virginia Beach courts. We are accessible via I-64 and I-264. Looking for a divorce decree modification lawyer near Virginia Beach Oceanfront or Town Center? We serve Virginia Beach, Sandbridge, and Oceana. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Virginia Beach Divorce Decree Modification FAQs
Can I modify my divorce decree in Virginia Beach?
Yes, but only specific terms. You can petition the Virginia Beach Circuit Court to modify child support, custody/visitation, or spousal support if you prove a material change in circumstances. Property division orders are generally final and cannot be modified.
What is considered a “material change” for modification?
It depends. For child support, a significant income change (loss of job, promotion) or the passage of 3 years often qualifies. For custody, a parent’s relocation, change in the child’s needs, or evidence affecting the child’s best interests can be material. The standard is fact-specific.
How long does a modification take in Virginia Beach?
Typically 2 to 6 months from filing to hearing, depending on the court’s docket and whether the issue is contested. An agreed-upon modification between parties can be processed more quickly.
Do I need a lawyer to modify my divorce decree?
It is highly recommended. The legal standard of “material change” requires specific evidence and proper court procedure. A lawyer ensures your petition is filed correctly and presents the strongest case to the judge.
Can child support be modified retroactively in Virginia?
No. Modifications are typically effective from the date you file the motion with the court. The court cannot reduce arrears (past-due support) that have already accrued.
Related Legal Information
If you need to change other divorce terms lawyer Virginia Beach residents should review our state hub. For issues in nearby areas, see our pages for Henrico County family lawyers and Chesterfield County family lawyers. For other legal needs in Virginia Beach, consider our Virginia Beach criminal defense lawyers or Virginia Beach DUI lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.