Divorce Decree Modification Lawyer Near Me

When a divorce decree no longer reflects the realities of your situation—whether because of a job loss, relocation, a change in health, or another substantial alteration in circumstances—modification may be necessary. Under Virginia law, certain provisions of a divorce decree can be modified by the court if a party demonstrates a material change that justifies the adjustment. Law Offices Of SRIS, P.C. represents clients across Virginia in post-divorce modification proceedings, including changes to spousal support, child support, and custody arrangements. Mr. Sris and the firm’s Of Counsel attorneys have worked on family law matters since the firm was founded in 1997, and they handle modification cases in circuit courts and juvenile and domestic relations courts throughout the commonwealth. If you need to modify a divorce decree, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What Divorce Decree Modification Means in Virginia

A divorce decree is a final court order that resolves the legal dissolution of a marriage and may address property division, spousal support, child custody, and child support. However, certain provisions remain open to later modification when a material change in circumstances occurs. The distinction between modifiable and non-modifiable provisions is critical, and Virginia courts treat each category differently.

Property division, governed by Va. Code § 20-107.3, is generally final after the decree is entered. The equitable distribution of marital assets cannot be reopened absent very limited circumstances, such as discovery of hidden assets. Spousal support, on the other hand, remains modifiable unless the decree or a written agreement explicitly states that it is non-modifiable. The court evaluates modification requests under Va. Code § 20-107.1, considering factors such as the parties’ income, employment status, health, and the duration of the award. Child support is subject to the Virginia child support guidelines, and a change in income, custody arrangement, or the needs of the child may justify a modification under Va. Code § 20-108.1. Custody and visitation are the most fluid; the court always retains jurisdiction to modify these orders if a material change serves the best interests of the child, in accordance with Va. Code § 20-124.3.

Modification proceedings are heard in the circuit court that entered the original divorce decree, or in the juvenile and domestic relations district court for matters involving custody and support. The party requesting modification must file a motion or petition detailing the changed circumstances and providing notice to the other party. The court may schedule a hearing, and depending on the complexity and the degree of agreement between the parties, the matter can be resolved through negotiation, mediation, or litigation. Law Offices Of SRIS, P.C. represents clients in modification matters in courts across the commonwealth, including those in Fairfax County, Richmond, and Northern Virginia, and the firm’s Of Counsel attorneys are experienced in handling the procedural requirements specific to each proceeding.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Divorce Decree Modification Cases

Every modification case begins with a thorough review of the existing decree and the factual circumstances that have changed since its entry. Mr. Sris and the firm’s Of Counsel attorneys examine the specific language of the divorce order to determine which provisions are modifiable and which are final. They then identify the evidence that will be needed to demonstrate a material change, such as financial records, medical documentation, parenting journals, or employment records.

Once the legal and factual foundation is established, the next step is to file the appropriate motion or petition in the court of original jurisdiction. Virginia procedural rules require that the moving party give proper notice to the other side and, in some cases, attend mediation or a settlement conference before a hearing. Mr. Sris and the firm’s Of Counsel attorneys guide clients through each step, from preparing the necessary filings to appearing in court. Because modification proceedings can be contested and emotionally charged, the firm emphasizes clarity, preparation, and adherence to Virginia law at every stage. The goal is to present a well-supported argument that addresses the statutory factors the court must consider, whether the modification involves spousal support, child support, or custody.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the legislation that revised the equitable distribution provisions of Va. Code § 20-107.3(g). His background in accounting and information systems brings an analytical perspective to complex family law matters, including property division and support calculations.

The firm’s Of Counsel attorneys work alongside Mr. Sris on divorce decree modification cases, contributing their own experience in family law litigation. Each attorney concentrates on providing clients with straightforward guidance, whether the matter is settled through negotiation or litigated in court. Law Offices Of SRIS, P.C. maintains locations in Virginia and surrounding states, and clients can reach the firm at (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What is a divorce decree modification?

A divorce decree modification is a post-judgment proceeding that asks the court to change one or more provisions of a final divorce order because of a material change in circumstances. In Virginia, certain aspects of a decree—including spousal support, child support, and custody—can be modified, while property division is typically final. The party requesting the change must file a motion in the court that issued the original decree.

When can I modify a divorce decree in Virginia?

You can seek modification of a Virginia divorce decree whenever a material change in circumstances affects a modifiable provision, such as spousal support or child custody. Spousal support may be adjusted based on changes in income, employment, health, or other statutory factors. Child support modifications follow the Virginia guidelines. Custody modifications require proof that a change serves the best interests of the child. A modification petition must be filed in the appropriate Virginia circuit court.

Do I need a lawyer to modify a divorce decree?

While Virginia does not require you to hire a lawyer to file a modification petition, having experienced legal representation can significantly affect the outcome. Modification proceedings involve statutory factors, evidentiary standards, and court-specific procedural rules. An attorney who concentrates in family law can evaluate whether your circumstances meet the legal threshold for modification, gather the necessary evidence, and present your case effectively to the court.

How long does a divorce decree modification take in Virginia?

The timeline for a divorce decree modification depends on the complexity of the issues, the level of disagreement between the parties, and the court’s calendar. Uncontested modifications, where both parties agree to the change, may be resolved more quickly. Contested modifications, especially those involving custody or significant financial disputes, can take longer. An initial consultation with Law Offices Of SRIS, P.C. can help you understand what to expect based on the specifics of your situation.

Can I modify child support as part of a decree modification?

Yes, child support provisions in a Virginia divorce decree are modifiable when there is a material change in circumstances. Virginia law presumes that a change in child support is warranted if the application of the Virginia child support guidelines would result in an amount that differs from the current support order by a certain percentage or if there has been a substantial change in the needs of the child or the resources of a parent. The court uses the guidelines under Va. Code § 20-108.1 to calculate the new support amount.

What is the process for modifying a divorce decree in Virginia?

The process begins with filing a motion or petition in the circuit court that issued the original decree, detailing the material change in circumstances and the specific provisions you seek to modify. The other party must be served with notice and given an opportunity to respond. The court may schedule a hearing, and the parties may engage in discovery or mediation beforehand. Evidence supporting the claimed change is presented at the hearing, and the judge decides whether modification is legally justified.

For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Outbound authority links: Virginia Code Title 20 (Divorce) | Virginia Judicial System

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