In Fairfax County, a divorce decree modification under Va. Code § 20-107.3 allows you to change spousal support, child support, or custody terms when circumstances change. Law Offices Of SRIS, P.C. has 1789 documented case results across all practice areas. A Divorce Decree Modification Lawyer Fairfax County can help you adjust your court order.
Virginia law permits modification of divorce decrees when there has been a material change in circumstances. Under Va. Code § 20-107.3 (equitable distribution — personally amended by Mr. Sris), the court can adjust spousal support, child support, and property division terms. For child custody modifications, Va. Code § 20-124.2 requires showing that the change serves the child’s best interests. Fairfax County Circuit Court handles all divorce decree modifications. Founded in 1997 by former prosecutor Mr. Sris, the firm has over 120 years of combined legal experience.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Divorce decree modification specifically addresses changes to existing court orders after the final divorce decree. Unlike initial divorce proceedings, modification requires proving a material change in circumstances since the original order. The court evaluates whether the change was anticipated at the time of the original decree and whether modification is equitable under current conditions.
Review the official statutes governing divorce decree modifications: Va. Code § 20-107.3 (equitable distribution) and Fairfax County General District Court.
Fairfax County Circuit Court requires a motion and supporting affidavit showing the material change in circumstances. The court schedules a hearing where both parties present evidence. Judges in Fairfax County closely scrutinize modification requests to ensure they are not based on temporary changes.
- Gather documentation of the changed circumstances (job loss, income change, health issues).
- File a motion to modify with Fairfax County Circuit Court at 4110 Chain Bridge Road.
- Serve the motion on the other party through sheriff or private process server.
- Attend the hearing and present evidence supporting the modification request.
- Obtain the court’s order modifying the original decree terms.
In Fairfax County, failing to comply with a divorce decree can result in contempt of court, fines, and potential jail time.
| Issue | Consequence | Potential Penalty |
|---|---|---|
| Failure to pay spousal support | Contempt of court | Fines, wage garnishment, up to 12 months jail |
| Failure to pay child support | Contempt, license suspension | Fines, driver’s license suspension, up to 12 months jail |
| Violation of custody order | Contempt, custody modification | Fines, change in custody arrangement |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ total documented case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in Virginia divorces. This amendment directly impacts how courts handle modification of divorce decrees involving property and support. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is minutes from Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50. If you need a divorce decree modification lawyer near Fairfax County, we serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and Falls Church. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Court, Fairfax, VA 22032
By appointment only. 24/7 phone consultations.
How long does a divorce decree modification take in Fairfax County?
Yes. Uncontested modifications with agreement: 2-4 months. Contested modifications requiring a hearing: 4-8 months. Emergency modifications for immediate issues: 21-60 days for a pendente lite hearing.
What qualifies as a material change in circumstances for modification?
It depends. Common examples include job loss, significant income change, remarriage, relocation, health issues, or changes in children’s needs. The change must be substantial and not temporary.
Can I modify child support without going to court?
No. While parents can agree to a modified amount, the court must approve any change to a child support order. A consent order filed with Fairfax County Circuit Court is required for the modification to be enforceable.
Is Virginia a community property state for divorce modifications?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. This standard applies to modifications of property division terms as well.
How much does filing a modification motion cost in Fairfax County?
It depends. The Circuit Court filing fee for a motion to modify is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), and attorney fees. Guardian ad Litem for custody modifications: $500-$2,500+.
Related pages: Virginia Family Law Lawyer | Fairfax City Divorce Lawyer | Falls Church Divorce Lawyer | Fairfax County Criminal Defense Lawyer | Fairfax County DUI Lawyer
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.