Post Divorce Modification Lawyer Fairfax County — How to Change Your Final Decree
A final divorce decree in Fairfax County is not always permanent. Life changes like job loss, remarriage, or a child’s needs can require legal modification. A post divorce modification lawyer Fairfax County from Law Offices Of SRIS, P.C. can petition the court to change custody, support, or property terms under Va. Code § 20-108 or § 20-109.
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Legal Grounds to Modify a Final Divorce Judgment in Virginia
Virginia law allows for the modification of certain final divorce orders when a “material change in circumstances” has occurred. This legal standard requires proving that facts existing at the time of the original order have significantly changed. A post divorce modification lawyer Fairfax County uses statutes like Va. Code § 20-108 for child support and custody, and Va. Code § 20-109 for spousal support, to seek court-approved changes. The firm’s founder, Mr. Sris, personally amended Virginia’s equitable distribution statute, providing deep insight into family law procedure.
Official Legal Resources
For the full text of Virginia’s modification statutes, visit the Virginia General Assembly website for Va. Code § 20-108. All modification petitions for Fairfax County are filed with the Fairfax County Circuit Court.
The Process for Modifying a Decree in Fairfax County
Modifying a final decree in Fairfax County requires a formal legal process. You must file a petition with the Circuit Court detailing the material change. The court will not reconsider issues already decided unless circumstances are demonstrably different. For instance, a 20% change in a parent’s income may justify a child support review.
- Consult with a post divorce modification lawyer Fairfax County to assess if your situation meets the “material change” standard.
- Your attorney drafts and files a formal Petition to Modify with the Fairfax County Circuit Court clerk.
- The other party is served with the petition and has an opportunity to file a response.
- The court may order mediation or schedule a hearing to receive evidence on the alleged changes.
- A judge reviews the evidence and issues a new order granting or denying the requested modifications.
- The modified order is entered into the court record and legally replaces the prior terms.
In Fairfax County, modifying a final divorce decree requires proving a material change in circumstances under Virginia law, with different standards for custody, support, and property division.
| Modification Type | Governing Statute | Legal Standard Required | Court Filing Fee |
|---|---|---|---|
| Child Custody/Visitation | Va. Code § 20-108 | Material change affecting child’s best interests | ~$86 |
| Child Support | Va. Code § 20-108 | Material change or 12 months since last order | ~$86 |
| Spousal Support | Va. Code § 20-109 | Material change in financial circumstances | ~$86 |
| Property Division | Va. Code § 20-107.3 | Extremely high bar (fraud, mistake) | ~$86+ |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Modification Case
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings over 120 years of combined legal experience to family law matters. We understand that a one-size-fits-all approach does not work for post-divorce changes. Mr. Sris’s unique background includes personally amending Va. Code § 20-107.3, Virginia’s equitable distribution statute. This legislative experience provides a distinct advantage in handling complex modification arguments, especially when seeking to change a divorce judgment in Fairfax County.
Documented Experience in Family Law
Our firm has a documented record in family law proceedings. In Fairfax County, we have 1789 total documented case results across all practice areas with a 97% favorable outcome rate. Mr. Sris, the firm’s founder and a former prosecutor, provides oversight on complex modification cases. His direct involvement ensures each case benefits from high-level strategic review.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C. – Fairfax County Family Law
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations available.
Our Fairfax location serves clients at the Fairfax County courts (4110 Chain Bridge Road). We represent individuals in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
If you need a lawyer to modify a final decree in Fairfax County or change a divorce judgment, contact us for a consultation.
FAQs: Modifying a Divorce Decree in Fairfax County
Can a final divorce decree be changed in Virginia?
Yes, but only certain parts. Child custody, visitation, and support orders can be modified with proof of a “material change in circumstances.” Property division in a final decree is extremely difficult to change and usually requires showing fraud, mistake, or a void agreement. A post divorce modification lawyer Fairfax County can evaluate your specific situation.
What is considered a “material change” for child support modification?
It depends. Virginia law (Va. Code § 20-108) considers changes like a 20% or $50 per month difference in the support amount, job loss, significant increase in income, or changes in the child’s healthcare needs. You can also request a review if it has been 12 months since the last order. The Fairfax County Circuit Court will evaluate the evidence.
How long does it take to modify a custody order?
Typically 2 to 6 months in Fairfax County. The timeline depends on the court’s docket, whether the other party agrees, and if a Guardian ad Litem is appointed. An uncontested modification with an agreed-upon parenting plan can be finalized faster than a contested hearing requiring a trial.
Can I modify spousal support if my ex remarries?
Yes. Remarriage of the supported spouse is a statutory ground for terminating spousal support under Va. Code § 20-109. You must file a petition with the Fairfax County Circuit Court to formally modify the final decree and stop the support obligation. The change is not automatic.
Do I need a lawyer to modify my divorce decree?
It is highly recommended. The procedural rules in Fairfax County Circuit Court are strict. A lawyer can properly draft the petition, serve the other party, gather necessary evidence (like pay stubs or medical records), and present a compelling argument for the change. Mistakes can lead to denial of your request.
For more information, see our Virginia Family Law overview. We also assist clients in Falls Church and with criminal defense matters in Fairfax.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
For the background behind a Fairfax case, our page explains how Virginia handles post divorce modification.