In Virginia, a post divorce modification allows you to change spousal support, child support, or custody orders under Va. Code § 20-107.1 and § 20-108.1. Law Offices Of SRIS, P.C. has 4,739+ documented results firm-wide. A Post Divorce Modification Lawyer Virginia can help you handle this process.
Last verified: April 2026 | Fairfax County Circuit Court | Va. Code § 20-107.1 (spousal support modification)
A post divorce modification in Virginia is a legal request to change an existing divorce decree. Under Va. Code § 20-107.1, you can modify spousal support if there has been a material change in circumstances. Child support modifications follow Va. Code § 20-108.1, which requires proof of a change in income or needs. Custody modifications under Va. Code § 20-124.2 require showing a change in circumstances affecting the child’s best interests. A Post Divorce Modification Lawyer Virginia can evaluate your situation.
For the official statute text, see Va. Code § 20-107.1 (spousal support modification) and Va. Code § 20-108.1 (child support modification). Court procedures are governed by the Virginia Judicial System.
In Fairfax County Circuit Court, judges require a signed stipulation or a hearing with clear evidence of changed circumstances. The court does not accept verbal agreements. You must file a motion and serve the other party.
- Gather evidence of changed circumstances (income loss, medical need, relocation).
- File a motion to modify with the Fairfax County Circuit Court.
- Serve the other party with the motion and supporting documents.
- Attend a pendente lite hearing if temporary relief is needed.
- Present your evidence at the final modification hearing.
- Obtain the court’s signed modification order.
In Virginia, failing to comply with a divorce decree can result in contempt of court, fines, and even jail time.
| Issue | Legal Standard | Potential Consequences |
|---|---|---|
| Failure to pay support | Contempt of court | Fines, wage garnishment, jail up to 12 months |
| Violation of custody order | Contempt of court | Fines, custody modification, jail |
| Failure to comply with property division | Contempt of court | Fines, asset seizure, jail |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. A Post Divorce Modification Lawyer Virginia from our firm brings this depth of experience to your case.
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate. Our family law team has handled numerous post-divorce modification cases in Virginia.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is located at 4008 Williamsburg Court, Fairfax, VA 22032, accessible via I-66 and Route 50. We serve clients throughout Northern Virginia.
Post divorce modification lawyer near Fairfax, Arlington, and Alexandria.
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Can I modify spousal support in Virginia?
Yes. Under Va. Code § 20-107.1, you can modify spousal support if you show a material change in circumstances since the last order. This includes job loss, illness, or retirement. File a motion with the circuit court that issued the original order.
How long does a post divorce modification take in Virginia?
It depends. An uncontested modification with a signed agreement can take 2-4 months. A contested modification requiring a hearing can take 6-12 months. Pendente lite hearings for temporary relief are typically set within 21-60 days of filing.
What is a material change in circumstances for modification?
A material change is a significant, permanent change in income, health, or living situation. Examples include job loss, disability, remarriage, or a child’s changed needs. The change must be substantial and not temporary. The court evaluates each case individually.
Can I modify child support without going to court?
Yes, if both parents agree. You can file a signed stipulation with the court. The court must approve the agreement. If you cannot agree, you must file a motion and attend a hearing. The court uses Virginia’s child support guidelines to calculate the new amount.
Do I need a lawyer for a post divorce modification in Virginia?
Yes. Virginia courts require proper legal procedure for modification requests. A lawyer ensures your motion is correctly filed, evidence is properly presented, and your rights are protected. A Post Divorce Modification Lawyer Virginia can handle the entire process.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.