In Fairfax County, Virginia, a divorce decree modification under Va. Code § 20-107.3 requires showing a material change in circumstances. Law Offices Of SRIS, P.C. has 1789 documented case results in Fairfax County. A Divorce Decree Modification Lawyer Fairfax can help you adjust custody, support, or property terms.
What Is a Divorce Decree Modification in Virginia?
A divorce decree modification is a legal process to change the terms of a final divorce order. Under Va. Code § 20-107.3 (equitable distribution), § 20-108.1 (child support), and § 20-124.2 (custody), the court may modify orders when a material change in circumstances has occurred. This includes changes in income, relocation, or the child’s needs. A Divorce Decree Modification Lawyer Fairfax evaluates whether your situation meets Virginia’s legal standard for modification.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
For divorce decree modifications specifically, Virginia courts apply the same material change standard across all modification types. The primary statute governing modifications is Va. Code § 20-107.3 for property and spousal support, § 20-108.1 for child support, and § 20-124.2 for custody. Each type of modification requires distinct evidence and legal arguments.
Virginia Family Law Resources
- Va. Code § 20-107.3 (Equitable Distribution) — Official Virginia General Assembly
- Fairfax County General District Court — Official Court Website
Insider Procedural Edge for Fairfax County Divorce Decree Modifications
Fairfax County Circuit Court handles all divorce decree modifications. The court requires a motion and supporting affidavit detailing the material change. Judges in Fairfax County closely scrutinize modification requests, especially those filed within two years of the original decree.
- Step 1: Gather evidence of the material change in circumstances (income loss, relocation, health changes).
- Step 2: File a motion to modify with the Fairfax County Circuit Court at 4110 Chain Bridge Road.
- Step 3: Serve the motion on the other party through sheriff or private process server.
- Step 4: Attend the mandatory pre-trial conference to explore settlement options.
- Step 5: If no settlement, proceed to a hearing where the judge decides based on the evidence.
In Fairfax County, Virginia, divorce decree modifications do not carry criminal penalties but involve significant financial and custodial consequences.
| Modification Type | Legal Standard | Timeframe | Filing Fee | Potential Outcome | Additional Considerations |
|---|---|---|---|---|---|
| Child Support Modification | Material change in circumstances | 2-4 months if uncontested | ~$86 filing fee | Increased or decreased support | Guidelines based on combined income |
| Custody Modification | Material change affecting child’s best interests | 3-6 months | ~$86 filing fee | Change in physical or legal custody | Guardian ad Litem may be appointed |
| Spousal Support Modification | Material change in circumstances | 2-5 months | ~$86 filing fee | Increased, decreased, or terminated support | 13 statutory factors considered |
| Property Division Modification | Fraud, mistake, or newly discovered assets | Varies | ~$86 filing fee | Reallocation of marital property | Rarely granted; high burden of proof |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Divorce Decree Modification?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a rare achievement that demonstrates deep knowledge of family law. The firm has firm-wide 4,739+ total documented case results across all practice areas with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.”
Mr. Sris, the firm’s founder and managing attorney, also handles complex family law matters. His background as a former prosecutor and his personal amendment of Va. Code § 20-107.3 provide unique insight into Virginia family law.
Fairfax County Case Results
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. These results include successful divorce decree modifications, custody changes, and support adjustments.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location — Serving All of Fairfax County
Our Fairfax location is minutes from the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50. We serve clients throughout Fairfax County including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church.
Looking for a modify divorce order lawyer Fairfax or a change divorce terms lawyer Fairfax? We are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Divorce Decree Modifications in Fairfax County
Can I modify my divorce decree in Fairfax County, Virginia?
Yes, you can modify a divorce decree in Fairfax County if you show a material change in circumstances since the original order.
Virginia courts allow modification of custody, child support, spousal support, and property division when circumstances have changed significantly. A Divorce Decree Modification Lawyer Fairfax can evaluate your situation.
How long does a divorce decree modification take in Fairfax County?
It depends. Uncontested modifications take 2-4 months; contested modifications take 4-8 months or longer.
The timeline depends on court scheduling, the complexity of the issues, and whether both parties agree. Fairfax County Circuit Court typically schedules modification hearings within 60-90 days of filing.
What qualifies as a material change in circumstances in Virginia?
A material change includes significant income changes, relocation, health issues, or changes in the child’s needs.
Virginia courts consider any change that substantially affects the parties or children. Examples include job loss, remarriage, medical conditions, or a child’s educational needs.
Is Virginia a community property state for divorce modifications?
No, Virginia is an equitable distribution state, meaning property is divided fairly but not necessarily 50/50.
Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers 11 factors to determine fair division. Modifications to property division are rare and require proof of fraud or mistake.
How much does a divorce decree modification cost in Fairfax County?
The Circuit Court filing fee is approximately $86, plus service of process costs of $12-$100.
Additional costs may include Guardian ad Litem fees ($500-$2,500+) for custody cases and mediation ($100-$300/hour per party). Attorney fees vary based on case complexity.
Can I modify child support without going to court in Fairfax County?
Yes, if both parents agree, you can file a consent order without a court hearing.
However, the court must approve any modification to ensure it complies with Virginia child support guidelines. A Divorce Decree Modification Lawyer Fairfax can prepare the necessary paperwork.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.