Post Divorce Modification Lawyer Colonial Heights — How to Change Your Final Divorce Decree
A post divorce modification lawyer Colonial Heights can help you change a final divorce judgment under Virginia law. Colonial Heights Circuit Court handles modifications of spousal support, child support, and custody orders based on a material change in circumstances. Law Offices Of SRIS, P.C. has 4 documented case results in Colonial Heights.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
After a divorce is final, life changes. You may need to adjust child support, spousal support, or custody arrangements. Virginia law allows for post-divorce modifications, but you must prove a substantial change in circumstances. The process is handled in Colonial Heights Circuit Court. A skilled post divorce modification lawyer Colonial Heights can guide you through filing the correct motions and presenting evidence to the judge.
Virginia Law on Modifying a Divorce Decree
Virginia Code § 20-108 and § 20-109 govern modifications of child support and spousal support, respectively. For custody modifications, Virginia Code § 20-124.2 applies. The core legal standard is a “material change in circumstances” that was not reasonably foreseeable at the time of the original decree. This could include a significant change in income, job loss, relocation, remarriage, or a change in a child’s needs. The party seeking the modification has the burden of proof.
- Consult with a post divorce modification lawyer Colonial Heights to review your decree and assess the change in circumstances.
- Gather all necessary documentation (financial records, communication logs, etc.) to support your petition.
- Your attorney will draft and file the appropriate legal motion (e.g., Petition to Modify) with Colonial Heights Circuit Court.
- Serve the filed motion on the other party, who will have an opportunity to respond.
- Attend any required mediation or settlement conferences ordered by the court.
- Present your case at a hearing before a judge, who will decide whether to grant the modification.
External Legal Resources
For the official Virginia statutes on child support modification, see Va. Code § 20-108 (official Virginia General Assembly). For information on Colonial Heights Circuit Court procedures, visit the Colonial Heights Circuit Court website.
What Can Be Modified After a Divorce?
In Colonial Heights, you can seek to modify child support, spousal support, and custody/visitation orders. Property division under an equitable distribution order is typically final and cannot be modified, except in rare cases of fraud or clerical error.
| Modifiable Issue | Governing Statute | Legal Standard Required |
|---|---|---|
| Child Support | Va. Code § 20-108 | Material change in circumstances or 3 years since last order |
| Spousal Support (Alimony) | Va. Code § 20-109 | Material change in circumstances affecting need/ability to pay |
| Custody & Visitation | Va. Code § 20-124.2 | Material change affecting child’s best interests |
| Property Division | Va. Code § 20-107.3 | Generally NOT modifiable (final) |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Modification Case
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. We understand the nuances of Virginia family law, including the statutes that govern post-divorce changes. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep commitment to the development of family law in the state.
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
Our team includes Mr. Sris, whose background as a former prosecutor and his direct involvement in shaping Virginia family law provides a strategic advantage. For Colonial Heights cases, attorney Samantha Powers leads our family law practice, bringing extensive experience in modification proceedings.
Case Results in Colonial Heights
Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas in Colonial Heights, with a 100% favorable outcome rate. While every case is unique, our experience in the local courts is an asset for clients seeking to change divorce judgment lawyer Colonial Heights services.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Colonial Heights Family Law Attorneys
Our Richmond location serves clients in Colonial Heights. We are accessible via I-95 and Route 1. We are a trusted post divorce modification lawyer near Colonial Heights and the surrounding communities.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Post-Divorce Modifications
Can I modify my divorce decree in Colonial Heights?
Yes. You can modify child support, spousal support, and custody orders in Colonial Heights Circuit Court if you prove a material change in circumstances. Property division is usually final.
How long after a divorce can I ask for a modification?
There is no specific waiting period. You can file a petition as soon as a material change in circumstances occurs. For child support, Virginia law also allows a review every three years regardless of a change.
What is considered a “material change” for modifying support?
A material change is a significant, unforeseen shift affecting financial need or ability to pay. Examples include involuntary job loss, a major increase or decrease in income, serious illness, or a change in the child’s needs.
Do I need a lawyer to modify my divorce decree?
It is highly recommended. The legal standards are strict, and procedural errors can cause delays or denial. A post divorce modification lawyer Colonial Heights residents trust can properly file motions and present evidence.
Can custody be modified if the other parent objects?
Yes. If parents cannot agree, you must file a petition with the court. The judge will decide based on the child’s best interests and whether there has been a material change since the last order.
Internal Resources
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Chesterfield County and Henrico County. If you have other legal needs, consider our Colonial Heights criminal defense lawyers.
Last verified: April 2026. Information is subject to change. Consult an attorney for current legal advice.