Divorce Decree Modification Lawyer New Kent County — How to Change Your Divorce Order
If your life circumstances have changed, you may need a divorce decree modification lawyer New Kent County. A final divorce order from New Kent County Circuit Court can be modified under Virginia law for child support, custody, or spousal support. Law Offices Of SRIS, P.C. provides full representation to change divorce terms. Call (888) 437-7747 for a 24/7 consultation.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Legal Grounds to Modify a Divorce Decree in Virginia
Virginia law allows for the modification of certain divorce decree terms when a “material change in circumstances” has occurred. This legal standard is defined in statutes like Va. Code § 20-108 for child support and § 20-109 for spousal support. The change must be substantial, not anticipated at the time of the original order, and warrant a revision to serve the best interests of the affected parties, particularly children. Not all parts of a divorce decree are modifiable; property division orders under Va. Code § 20-107.3 are typically final and cannot be changed.
Common Reasons for Modification
- A significant increase or decrease in either parent’s income.
- Job loss or change in employment status.
- Relocation of a parent that affects custody or visitation.
- Changes in the child’s needs (educational, medical).
- Remarriage of a spouse paying or receiving support.
- Evidence of a change in the child’s best interests for custody.
- Consult with a divorce decree modification lawyer New Kent County to review your case and the original order.
- Gather all necessary documentation proving the material change in circumstances (pay stubs, medical records, relocation notices).
- Your attorney will draft and file a formal Petition to Modify with the New Kent County Circuit Court.
- Serve the filed petition on the other party, who will have an opportunity to respond.
- Attend court hearings, which may include mediation, to present your evidence for the requested change.
- Obtain the judge’s new court order modifying the original divorce terms.
Modifying Specific Divorce Terms
In New Kent County, modifying a divorce decree requires filing a new petition in Circuit Court and proving a material change in circumstances for support or custody matters.
| Term to Modify | Governing Statute | Legal Standard Required | Court Authority |
|---|---|---|---|
| Child Support | Va. Code § 20-108 | Material change in circumstances OR 3 years since last order with changed guidelines | New Kent J&DR or Circuit Court |
| Child Custody/Visitation | Va. Code § 20-108 | Material change & best interests of the child | New Kent J&DR or Circuit Court |
| Spousal Support (Alimony) | Va. Code § 20-109 | Material change in circumstances | New Kent County Circuit Court |
| Property Division | Va. Code § 20-107.3 | Generally NOT modifiable (final) | N/A |
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 modification statutes, including Va. Code § 20-107.3 which Mr. Sris personally helped amend, allows us to build strong arguments for changing divorce terms. We have a documented record of achieving favorable outcomes for clients seeking adjustments to 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
Our team, including Mr. Sris who brings his extensive background as a former prosecutor and his direct experience amending Virginia’s equitable distribution law, focuses on the specific procedural rules of New Kent County courts. We know how to effectively present evidence of a material change to secure a modification.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Family Law Attorneys
Our Richmond location serves clients in New Kent County. We are accessible via I-64 and Route 33, making it convenient for residents of New Kent, Providence Forge, and Quinton to meet with us.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Modifying a Divorce Decree
Can I modify my divorce decree in New Kent County?
Yes, but only specific terms. You can petition the New Kent County Circuit Court to modify child support, custody, visitation, or spousal support if you prove a “material change in circumstances.” Property division orders are typically final.
What is considered a “material change” for modification?
It depends on the specific term. For child support, a significant income change (loss of job, promotion) or the passage of 3 years may qualify. For custody, a change in the child’s needs or a parent’s relocation could be material. The change must be substantial and not foreseen when the original order was made.
How long does a modification take in Virginia?
A modification for child support or custody can take 2 to 6 months if uncontested. If the other party opposes the change, the process may extend to 9 months or longer for hearings and potentially a trial in New Kent County Circuit Court.
Do I need a lawyer to modify divorce terms?
It is highly recommended. A modify divorce order lawyer New Kent County understands the legal standard of “material change” and the specific filing procedures for New Kent County Circuit Court, greatly improving your chance of success.
Can my ex-spouse stop a modification?
Yes, they can oppose your petition by filing a response with the court, arguing that no material change exists. This turns the case into a contested matter, requiring hearings where both sides present evidence before a judge decides.
For more information on Virginia’s laws, review the official Virginia Code on Support and the New Kent County Circuit Court website.
If you need to adjust your divorce agreement, contact a skilled divorce decree modification lawyer New Kent County at Law Offices Of SRIS, P.C. We also assist with related matters like criminal defense and DUI cases in New Kent County. For a broader view of our services, see our Virginia Family Law hub.