Post-Divorce Modifications in VA
Is Modification Possible After Your Divorce Case?
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, our Fairfax lawyers focus exclusively on family law and divorce 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:
- Spousal support (alimony)
- Child support
- Child custody and visitation
Questions about Modifications? Contact our firm to speak with an attorney today.
Requirements for a Post-Judgement Modification
A post-divorce modification can refer to any action which changes the terms of a court order and how you seek a modification largely depends on the terms which you are attempting to change. A court will deny a modification unless a requesting party can show that a substantial change in circumstances has occurred since the date of the order that the party is seeking to have changed.
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 post-divorce modification 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:
- Significant parental relocation
- Change in employment status
- Inability to fulfill the terms of a previous court order
- Evidence of child abuse or neglect
- Medical issues that affect the health of a parent or child
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 some cases, it is not possible to revisit an agreement, for example, once financial assets or property have been divided.
Award-Winning Fairfax Divorce Modification Attorneys
When issues and disputes do not end after the dissolution of marriage, it may be necessary to seek post-divorce modifications. At Malinowski Hubbard, our Fairfax modification attorneys have been honored in Best Lawyers® and Super Lawyers® and have over 40 years of combined experience helping families to protect their interests. We strive to help our clients reach their goals amicably but will provide tenacious courtroom advocacy if litigation becomes necessary. Secure the top-tier representation that you deserve and contact our firm today.
Contact us to learn about your options for post-divorce actions.
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