A Post Divorce Modification Lawyer Fauquier County helps you adjust child support, spousal support, or custody after a final decree. Under Va. Code § 20-108.1 and § 20-107.1, you must show a material change in circumstances. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County.
What Is a Post-Divorce Modification in Fauquier County?
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
In Virginia, a post-divorce modification changes a final divorce decree after the court has entered it. You cannot simply ask for a change — you must prove a material change in circumstances since the original order. This applies to child support under Va. Code § 20-108.1, spousal support under § 20-107.1, and custody under § 20-124.2. A Post Divorce Modification Lawyer Fauquier County evaluates whether your situation meets this legal threshold before filing a motion at Fauquier County Circuit Court.
For post-divorce modifications, the controlling statute is Va. Code § 20-108.1 (child support modification) and § 20-107.1 (spousal support modification). These differ from the original divorce statutes because they require proof of changed circumstances rather than grounds for divorce. A modify final decree lawyer Fauquier County uses these specific statutes to build your case.
Official Resources for Fauquier County Family Law
- Va. Code § 20-108.1 (Child Support Guidelines) — Official Virginia General Assembly
- Fauquier County General District Court — Official Court Website
How Post-Divorce Modifications Work in Fauquier County
Fauquier County Circuit Court requires you to file a motion to amend or modify the final decree. You must attach an affidavit showing the material change in circumstances. The court sets a hearing within 60-90 days. A change divorce judgment lawyer Fauquier County prepares the motion, gathers supporting evidence, and argues why the change meets Virginia’s legal standard.
- Step 1: Gather evidence of the material change (job loss, income increase, health change, relocation).
- Step 2: File a motion to amend or modify with Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186).
- Step 3: Serve the other party with the motion and supporting affidavit.
- Step 4: Attend the hearing and present your evidence to the judge.
- Step 5: Receive the court’s order modifying or denying the change.
In Fauquier County, failing to comply with a divorce decree can result in contempt of court, fines, and potential jail time.
| Issue | Standard | Potential Outcome |
|---|---|---|
| Child Support Modification | Material change in circumstances | Increase or decrease in monthly support |
| Spousal Support Modification | Material change in circumstances | Increase, decrease, or termination of support |
| Custody/Visitation Modification | Material change affecting child’s best interests | Change in custody schedule or parenting time |
| Property Division Modification | Fraud, mistake, or newly discovered evidence | Reopening of equitable distribution |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Fauquier County Modification?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a rare achievement that demonstrates deep knowledge of Virginia family law. Our firm has 4,739+ total case results with a 93%+ favorable outcome rate firm-wide across VA, MD, DC, NJ, and NY. Samantha Powers, our primary family law attorney for Virginia, handles post-divorce modifications in Fauquier County.
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Firm-wide, we have 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, DC, NJ, and NY.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Our Fairfax location is approximately 25 miles from Fauquier County Circuit Court, accessible via I-66 and Route 29.
We serve: Warrenton, New Baltimore, Bealeton, Marshall, The Plains
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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Frequently Asked Questions About Post-Divorce Modifications in Fauquier County
Q: Can I modify my divorce decree in Fauquier County?
Yes, but you must prove a material change in circumstances since the original decree. Common changes include job loss, income increase, health issues, or relocation. File a motion at Fauquier County Circuit Court. A Post Divorce Modification Lawyer Fauquier County can evaluate your situation.
Q: How long does a modification take in Fauquier County?
It depends. Uncontested modifications with signed agreements take 2-4 months. Contested modifications with hearings take 6-12 months. Fauquier County Circuit Court typically schedules modification hearings within 60-90 days of filing the motion.
Q: What qualifies as a material change in circumstances?
A material change includes job loss, significant income change, health issues, relocation, or changes in the child’s needs. The change must be substantial and not temporary. A modify final decree lawyer Fauquier County can help document your specific circumstances.
Q: Can I modify child support without a lawyer?
Yes, but it is not recommended. The court requires detailed financial affidavits and proof of changed circumstances. Errors in filing can delay your case or result in denial. A change divorce judgment lawyer Fauquier County ensures proper documentation.
Q: Is mediation required before a modification hearing?
No, mediation is not mandatory in Virginia for modifications. However, Fauquier County judges may order mediation if the parties disagree on key issues. Mediation costs $100-$300 per hour per party and can resolve disputes without a trial.
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Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.