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In Madison County, Virginia, modifying a divorce decree requires showing a material change in circumstances under Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 45 documented case results in Madison County. A Divorce Decree Modification Lawyer Madison County can help you adjust custody, support, or property terms.
Last verified: April 2026 | Madison County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Statutory Definition of Divorce Decree Modification in Virginia
Under Virginia law, a divorce decree is a final court order that resolves issues like child custody, child support, spousal support, and property division. To modify a divorce decree, you must file a motion with the court that issued the original order and prove a material change in circumstances since the decree was entered. The court retains continuing jurisdiction to modify its own decrees. Va. Code § 20-107.3 governs equitable distribution modifications, while § 20-108.1 covers child support modifications and § 20-124.2 addresses custody modifications. The burden is on the party seeking the change to show the modification is in the child’s best interest or that the original support order is no longer appropriate.
External Citation Links
- Va. Code § 20-107.3 (Equitable Distribution) – Official Virginia General Assembly
- Madison County General District Court – Official Court Website
Insider Procedural Edge: In Madison County Circuit Court, judges often require a detailed affidavit explaining the changed circumstances before scheduling a hearing. This can save months of delay.
- Step 1: Gather evidence of the material change (e.g., job loss, relocation, health issue).
- Step 2: Draft a motion to modify and a supporting affidavit.
- Step 3: File the motion with the Madison County Circuit Court (1 Main Street, Madison, VA 22727).
- Step 4: Serve the other party with the motion and a notice of hearing.
- Step 5: Attend the hearing and present your evidence to the judge.
- Step 6: Obtain the court’s order modifying the decree.
In Madison County, modifying a divorce decree typically involves a material change in circumstances. The court can adjust custody, support, or property terms.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to pay child support (contempt) | Civil contempt | Up to 12 months (if willful) | Up to $2,500 | None | Wage garnishment, tax refund intercept, license suspension |
| Violation of custody order | Civil contempt | Up to 12 months (if willful) | Up to $2,500 | None | Possible change of custody, attorney’s fees |
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute. This gives our firm unique insight into how Virginia courts handle property division modifications. Our combined attorney experience exceeds 120 years, and we have secured 4,739+ favorable case results firm-wide.
Law Offices Of SRIS, P.C. – Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location is approximately 45 miles from the Madison County Courthouse, accessible via Route 29 and Route 231. We serve clients in Madison and the surrounding communities. If you need a modify divorce order lawyer Madison County or a change divorce terms lawyer Madison County, contact us today.
Frequently Asked Questions
Yes, you can modify a divorce decree in Madison County if you show a material change in circumstances.
The court requires proof that the change was not anticipated at the time of the original decree.
It depends. An uncontested modification can take 2-4 months; a contested one may take 6-12 months.
The timeline depends on court dockets and the complexity of the issues.
No. Virginia is an equitable distribution state, not a community property state.
The court divides marital property fairly, not necessarily 50/50.
Yes, child support can be modified if there is a material change in income or custody.
The court uses Virginia’s child support guidelines to calculate the new amount.
Yes, spousal support can be modified if there is a material change in circumstances.
The court considers factors like income changes, retirement, or cohabitation.
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