After a divorce, the agreements which were once in your family’s best interest may no longer be the most appropriate path forward. Virginia courts recognize that situations are rarely static and may allow former spouses to seek modifications to previous court orders and arrangements. However, a court will not automatically approve changes and it is vital to understand the modification process as well as the qualifications for eligibility.
At Malinowski Hubbard, PLLC, our Fairfax divorce lawyers focus exclusively on family law and can walk you through each step of the modification process to maximize the chances that a court will approve requested changes.
The terms of a divorce which may be modified can include:
Questions about Modifications? Contact our firm to speak with an attorney today.
A post-divorce modification can refer to any action which changes the terms of an agreement and how you seek a modification largely depends on the terms which you are attempting to change. While not true of every situation, a court’s default position will typically be to deny a modification unless a requesting party can show that a substantial change in circumstances has occurred. While every case will be different, a simple change in preference may not be enough to move a court to action. If your needs are not accurately communicated or a step is missed, your motion may be denied. Our Fairfax divorce attorneys routinely help our clients to precisely communicate their goals and reasons for seeking post-divorce actions.
When approving a modification, a judge may consider a number of variables including:
A judge will look at the circumstances of each party to determine whether a modification is in order. In situations where children are involved, a judge will take into consideration what is in the best interest of the child. In requests for modifications regarding child custody, support, or visitation agreements, the requesting party will want to show how a change will improve a child’s well-being, or how the denial of a change would be detrimental. In some cases, it is not possible to revisit an agreement, for example, once financial assets or property have been sold or reinvested.
When issues and disputes do not end after the dissolution of marriage, it may be necessary to seek post-divorce modifications. At Malinowski Hubbard, PLLC, our Fairfax family law attorneys have been honored in Best Lawyers® and Super Lawyers® and have decades of experience helping families to protect their interests. We strive to help our clients reach their goals amicably but can provide tenacious courtroom advocacy if litigation becomes necessary. Secure the top-tier representation that you deserve and contact our firm today.
Call (703) 935-4222 and learn about your options for post-divorce actions.
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