Divorce Decree Modification Lawyer Henrico County — How to Change Your Final Order
A final divorce decree in Henrico County is not always permanent. Under Virginia law, you can petition the court to change divorce terms when circumstances change. As a divorce decree modification lawyer Henrico County, Law Offices Of SRIS, P.C. has handled 21 documented local cases.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Virginia Law on Modifying a Divorce Decree
Virginia statutes provide specific grounds and procedures to modify divorce orders. The primary law governing these changes is Va. Code § 20-108, which allows for the modification of child support and custody orders. For spousal support (alimony), Va. Code § 20-109 sets the standard, requiring a material change in circumstances. Property division under an equitable distribution order, governed by Va. Code § 20-107.3 (personally amended by Mr. Sris), is generally final and cannot be modified except for very limited reasons like fraud. Understanding which part of your order can be changed is the first critical step.
- Consult a Modification Lawyer: Review your current decree and discuss the changed circumstances with an attorney.
- File a Petition: Your lawyer files the appropriate motion (e.g., Petition to Modify) with the Henrico County Circuit Court or Juvenile & Domestic Relations Court.
- Serve the Other Party: The filed petition must be legally served on your former spouse.
- Attend Mediation (if ordered): The court may require mediation to try to reach an agreement before a hearing.
- Present Evidence at Hearing: If no agreement is reached, you will present evidence of the material change to a judge.
- Obtain a New Order: The judge will issue a modified court order reflecting the changes.
What Parts of a Divorce Decree Can Be Modified?
Not all divorce terms are subject to change. Here is what a divorce decree modification lawyer Henrico County can typically address:
| Order Type | Modifiable? | Legal Standard (Va. Code) | Common Reasons for Change |
|---|---|---|---|
| Child Support | Yes | § 20-108: Material change in circumstances or 3 years since last order. | Job loss, income increase, child’s medical needs. |
| Child Custody/Visitation | Yes | § 20-108: Best interests of the child. | Relocation, change in child’s needs, parental fitness. |
| Spousal Support (Alimony) | Yes | § 20-109: Material change in circumstances. | Remarriage, cohabitation, retirement, income change. |
| Equitable Distribution (Property) | Rarely | § 20-107.3: Generally final; fraud, clerical error. | Discovery of hidden assets, fraudulent transfer. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Modification Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Our deep understanding of Virginia’s family law statutes, including the equitable distribution law Mr. Sris personally helped amend, provides a strategic advantage. We focus on clear, evidence-based arguments to demonstrate the material change required by Henrico County judges.
Samantha Powers | Family Law Attorney | Virginia Bar 2023 | Florida Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience.
Attorney Samantha Powers leads our Virginia family law practice, bringing nearly two decades of experience to complex post-divorce modifications. She is supported by the firm’s founder, Mr. Sris, whose unique background includes amending the very Virginia equitable distribution statute (§ 20-107.3) that governs many divorce decrees.
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 in Henrico County
Our firm has a documented record in Henrico County courts. We have achieved 21 total documented case results across all practice areas locally. In family law, favorable outcomes often involve successfully modifying support orders or custody arrangements to better reflect our clients’ current realities.
Results may vary. Prior results do not guarantee a similar outcome.
Divorce Decree Modification Lawyer Near Henrico County
Our Richmond location serves clients throughout Henrico County. We are accessible from I-64, I-95, and I-295, near the Henrico County courts at 4301 East Parham Road.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365. Office by appointment only.
We serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
FAQs: Modifying a Divorce Order in Henrico County
Can I modify my divorce decree in Virginia?
Yes, but only specific parts. Child support, custody, visitation, and spousal support can be modified upon showing a “material change in circumstances” under Va. Code §§ 20-108 and 20-109. Property division orders are typically final.
How long does it take to modify a divorce order in Henrico County?
It depends on whether the change is agreed upon. An uncontested modification with a signed agreement can take 2-3 months. A contested modification requiring a court hearing can take 6-12 months, depending on the Henrico County Circuit Court’s docket.
What is considered a “material change” for modifying child support?
A material change is a substantial, long-term change in circumstances. Common examples include a 25% or greater change in either parent’s income, job loss, a child developing special medical or educational needs, or a change in the child’s custody arrangement.
Do I need a lawyer to modify divorce terms in Henrico County?
It is highly advisable. The legal standards are specific, and procedural errors can delay or derail your case. A modify divorce order lawyer Henrico County can properly draft petitions, gather necessary evidence, and advocate for you in court.
Can I stop paying alimony if my ex-spouse remarries?
Yes, in Virginia, spousal support typically terminates upon the recipient’s remarriage (Va. Code § 20-109). This is a clear material change. You must file a petition with the court to officially modify the order and stop your obligation legally.
How much does it cost to change divorce terms?
Costs vary. The Henrico County Circuit Court filing fee for a petition to modify is approximately $86. Attorney fees depend on case complexity. An agreed-upon change costs less than a fully contested hearing, which may involve discovery and experienced testimony.
Related Pages: If you need help with other family law matters, see our Virginia Family Law Lawyer hub. For help in nearby areas, consult a divorce lawyer in Chesterfield County or a criminal defense lawyer in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.