A Divorce Decree Modification Lawyer Virginia Beach handles changes to child support, custody, and spousal support orders under Va. Code § 20-108.1 and § 20-107.1. Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach. You must show a material change in circumstances since the last order.
Last verified: April 2026 | Virginia Beach General District Court | Va. Code § 20-108.1 (child support guidelines)
Virginia law allows modification of divorce decrees when a material change in circumstances has occurred since the last order. For child support, the court uses statutory guidelines under Va. Code § 20-108.1. For spousal support, the court considers 13 factors under Va. Code § 20-107.1. Custody modifications require a change affecting the child’s best interests under Va. Code § 20-124.3. Mr. Sris, founder of Law Offices Of SRIS, P.C. (founded 1997), personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving the firm unique insight into how Virginia courts handle marital property and support modifications.
Divorce decree modification differs from initial divorce proceedings. While a divorce establishes the original terms, modification seeks to adjust those terms based on changed circumstances. Under Va. Code § 20-108.1, child support modification requires a 25% or more change in the guideline amount or a material change in circumstances. Spousal support modification under § 20-107.1 requires proof of a material change in the parties’ financial circumstances. Custody modification under § 20-124.3 requires a change that affects the child’s best interests. The burden of proof falls on the party requesting the modification.
- Va. Code § 20-108.1 (child support guidelines — official Virginia General Assembly)
- Virginia Beach General District Court — official court website
Virginia Beach Circuit Court handles all divorce decree modification matters. The court requires you to file a motion showing a material change in circumstances since the last order. Common changes include job loss, income increase, relocation, or a child’s changing needs.
- Gather evidence of the material change in circumstances (pay stubs, medical records, school reports).
- File a motion to modify with the Virginia Beach Circuit Court clerk at 2425 Nimmo Parkway, Bldg 10B.
- Serve the motion on the other party through sheriff or private process server.
- Attend the pendente lite hearing (typically within 21-60 days) for temporary relief.
- Participate in mediation if ordered by the court.
- Present your case at the final modification hearing.
In Virginia Beach, modifying a divorce decree requires showing a material change in circumstances. The court can adjust child support, spousal support, custody, and visitation terms.
| Modification Type | Legal Standard | Statute | Timeline | Filing Fee | Key Evidence |
|---|---|---|---|---|---|
| Child Support | Material change in circumstances or 25% change in guideline amount | Va. Code § 20-108.1 | 2-4 months (uncontested); 6-12 months (contested) | ~$86 | Pay stubs, tax returns, medical expenses |
| Spousal Support | Material change in financial circumstances | Va. Code § 20-107.1 | 3-6 months | ~$86 | Income statements, retirement accounts |
| Custody/Visitation | Change affecting child’s best interests | Va. Code § 20-124.3 | 4-8 months | ~$86 | School records, therapist reports, witness statements |
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 has achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other firm in Virginia Beach can claim. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, the firm’s founder and managing attorney, provides strategic oversight on complex modification cases involving business valuation, retirement assets, and international assets.
Law Offices Of SRIS, P.C. has 8 total documented case results across all practice areas in Virginia Beach, with a 100% favorable outcome rate. Firm-wide, the firm has achieved 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Virginia Beach courts (2425 Nimmo Parkway), accessible via I-264, I-64, and Route 44 (VA Beach Expressway). We serve the neighborhoods of Virginia Beach, Sandbridge, and Oceana.
Divorce decree modification lawyer near Virginia Beach — we handle modifications for clients throughout the Hampton Roads area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
How long does a divorce decree modification take in Virginia Beach?
It depends. Uncontested modifications with signed agreements take 2-4 months. Contested modifications requiring hearings take 6-12 months. Pendente lite hearings for temporary relief are typically set within 21-60 days of filing.
Can I modify child support without going to court in Virginia Beach?
Yes, if both parties agree and sign a consent order. The court must still approve the agreement. If you disagree, you must file a motion showing a material change in circumstances under Va. Code § 20-108.1.
What qualifies as a material change in circumstances for spousal support modification?
Yes, common examples include job loss, significant income increase or decrease, retirement, disability, remarriage of the receiving spouse, or cohabitation with a new partner. The change must be substantial and not temporary.
How much does it cost to file a modification motion in Virginia Beach Circuit Court?
The Circuit Court filing fee for a modification motion is approximately $86. Sheriff service of process costs about $12. Private process server fees range from $50-$100. Attorney fees vary based on case complexity.
Is Virginia a community property state for divorce decree modification?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property is excluded from division.
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.