Post Divorce Modification Lawyer Fauquier County — How to Change Your Final Decree
If your life circumstances have changed after a divorce, you may need a post divorce modification lawyer Fauquier County. Virginia law allows you to petition the Fauquier County Circuit Court to modify a final decree for child support, custody, visitation, or spousal support when there has been a material change in circumstances. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Legal Grounds for Modifying a Final Divorce Decree in Virginia
Virginia law provides specific statutory pathways to modify a final divorce decree. The ability to change a divorce judgment depends on the type of order you seek to modify and the legal standard you must meet. The relevant statutes are found in the Code of Virginia.
For child support, Va. Code § 20-108.1 allows modification if there has been a material change in circumstances or if 36 months have passed since the last order and the new amount would differ by at least 15%. Child custody and visitation modifications under Va. Code § 20-108 require a showing that the change is in the child’s best interests and that there has been a material change in circumstances since the last order. Spousal support (alimony) modifications under Va. Code § 20-109 are also based on a material change in circumstances, but the court retains broad discretion.
- Consult with a Fauquier County modification attorney to review your final decree and assess potential grounds for change.
- Gather documentation proving the material change in circumstances (e.g., job loss, medical reports, relocation notices).
- Your attorney will draft and file a formal Petition to Modify with the Fauquier County Circuit Court clerk.
- Serve the filed petition on the other party according to Virginia court rules.
- Attend any required mediation or settlement conferences ordered by the court.
- Present your case at a hearing before a Fauquier County Circuit Court judge.
Why You Need a Lawyer to Modify a Final Decree
Attempting to modify a final decree without an attorney is risky. The legal standards are high, and procedural mistakes can lead to denial of your petition. A post divorce modification lawyer Fauquier County understands the local court’s expectations for evidence and can build a compelling case on your behalf. The firm’s founder, Mr. Sris, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep familiarity with Virginia family law.
In Fauquier County, modifying a final divorce decree requires proving a material change in circumstances to the Circuit Court judge.
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
Case Results and Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997 and has over 120 years of combined attorney experience. In Fauquier County, we have 73 total documented case results across all practice areas with a 97% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s managing attorney and a former prosecutor, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This unique experience provides our team with exceptional insight into the legislative intent behind Virginia’s family laws.
Contact Our Fauquier County Family Law Attorneys
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location serves clients at the Fauquier County courts. We provide legal representation for residents in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Frequently Asked Questions: Modifying Divorce Decrees in Fauquier County
Can I modify my divorce decree in Fauquier County?
Yes. You can petition the Fauquier County Circuit Court to modify final orders for child support, custody, visitation, or spousal support if you can prove a material change in circumstances since the last order was entered.
How long after a divorce can I seek a modification?
There is no specific waiting period. You can file a petition to modify a final decree as soon as a material change in circumstances occurs. For child support, you can also file if 36 months have passed and the recalculated amount would change by at least 15%.
What counts as a “material change” for modification?
A material change is a significant, ongoing change that was not reasonably anticipated when the original decree was issued. Examples include job loss, a substantial increase in income, serious illness, relocation of a parent, or changes in a child’s needs.
Can I modify a property division order?
No. Orders for equitable distribution of property (division of assets and debts) are final under Va. Code § 20-107.3 and generally cannot be modified after the divorce decree is entered, except in cases of fraud or clerical error.
Do I need a lawyer to modify a divorce judgment in Fauquier County?
While not legally required, it is highly advisable. The process involves complex legal standards, specific court procedures, and evidentiary requirements. A lawyer who is a modify final decree lawyer Fauquier County can properly present your case and protect your rights.
For more information on Virginia family law, you can review the official Virginia Code or the Fauquier County Circuit Court website.
If you need to change a divorce judgment, contact a Virginia family law attorney. For help in nearby areas, see our Fairfax County divorce lawyer page. For other legal needs, consider a Fauquier County criminal defense lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.