Post Divorce Modification Lawyer Colonial Heights — Can You Change Your Final Divorce Decree?
A post divorce modification lawyer Colonial Heights can help you legally 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
Virginia Law on Modifying a Final Divorce Decree
In Virginia, a final divorce decree is a court order that resolves all issues like property division, support, and custody. However, the law recognizes that life changes, so it allows for post-divorce modifications under specific statutes. The primary law governing changes to support and custody is Va. Code § 20-108, which requires proving a “material change in circumstances” since the last order was entered. This is a legal standard that must be met before a Colonial Heights judge will consider altering an existing judgment.
For child support, Virginia uses strict guidelines based on parental income. A significant change in either parent’s income, the child’s needs, or healthcare costs can justify a modification. For custody and visitation, the court’s sole focus remains the child’s best interests, as defined in Va. Code § 20-124.3. A post divorce modification lawyer Colonial Heights relies on these statutes to build a case for changing your divorce judgment.
- Consult with a post divorce modification lawyer to review your final decree and identify potential grounds for change.
- Gather all evidence proving the material change in circumstances (pay stubs, medical bills, school records).
- Your lawyer will file a formal petition with the Colonial Heights Circuit Court clerk to change divorce judgment.
- Attend any court-ordered mediation or settlement conferences.
- Present your case at a hearing before a judge, who will decide whether to grant the modification.
External Legal Resources
For the official text of Virginia’s modification statutes, visit the Virginia General Assembly website for Va. Code § 20-108. To understand court procedures, review the Colonial Heights Circuit Court official website.
What Can Be Modified After a Divorce in Colonial Heights?
Not every part of a divorce decree can be changed. Virginia law draws a clear line between modifiable and non-modifiable issues.
| Issue | Can It Be Modified? | Legal Standard Required | Governing Statute |
|---|---|---|---|
| Child Support | Yes | Material change in circumstances or 3 years since last order | Va. Code § 20-108 |
| Child Custody/Visitation | Yes | Material change affecting child’s best interests | Va. Code § 20-108 |
| Spousal Support (Alimony) | Yes | Material change in circumstances | Va. Code § 20-109 |
| Property Division (Equitable Distribution) | No* | Final and non-modifiable except for fraud or clerical error | Va. Code § 20-107.3 |
Results may vary. Prior results do not guarantee a similar outcome.
*The division of marital assets and debts is final once the decree is entered. You cannot go back to court to get a different share of the house or retirement account unless you can prove fraud on the court.
Firm Authority and Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to every case. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into the intent behind the laws we use to advocate for clients. With 4,739+ documented case results firm-wide and a 93%+ favorable outcome rate, we have the resources to handle complex post-divorce modification cases. In Colonial Heights, we have a track record of helping clients achieve necessary changes to their family court orders.
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 Client Outcomes
Our approach to modifying divorce decrees is informed by a history of successful outcomes. While prior results do not guarantee future success, our firm has extensive experience handling the Colonial Heights court system. For example, we have successfully argued for reductions in child support based on job loss and increases based on a parent’s substantial income increase. We have also helped clients modify custody arrangements to better reflect a child’s school needs and changing parental work schedules.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Colonial Heights Residents
Our Richmond location serves clients in Colonial Heights. We are familiar with the judges and procedures at the Colonial Heights Circuit Court. We represent individuals in Colonial Heights and surrounding communities.
Contact Our Post Divorce Modification Lawyer Colonial Heights
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Richmond Location: 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Post-Divorce Modifications
Can a final divorce decree be changed in Virginia?
Yes, but only specific parts. Child support, custody, visitation, and spousal support can be modified if you prove a material change in circumstances. The property division part of your decree is final and cannot be changed.
What is considered a “material change” for modifying child support?
It depends. A material change is a significant, ongoing change that affects the child support calculation. Common examples include a 25% or greater change in either parent’s gross income, loss of employment, a change in the child’s health insurance cost, or the child reaching the age of majority.
How long does it take to modify a divorce decree in Colonial Heights?
If both parties agree, a modification can be finalized in 2-3 months. If the other party contests it, the process can take 6-12 months, depending on the Colonial Heights Circuit Court’s docket and the complexity of the issues.
Do I need a lawyer to modify my divorce judgment?
Yes. The process requires filing correct legal petitions, meeting strict evidentiary standards, and arguing based on Virginia law. A post divorce modification lawyer Colonial Heights residents trust can handle the system and advocate effectively for the change you need.
Can I modify custody if my ex-spouse is moving out of state?
Yes. A parent’s relocation is often considered a material change. The court will then create a new custody and visitation schedule based on the child’s best interests, considering the distance and the child’s relationship with each parent.
Internal Legal Resources
If you are considering a modification, you may also find our related pages useful: Learn more about the Virginia family law process, or see how we assist with divorce modifications in Chesterfield County. For other legal needs in Colonial Heights, visit our page on Colonial Heights criminal defense.