Life doesn’t always stay the same, and sometimes, circumstances change after a divorce. This can lead to questions about whether it’s possible to modify the terms of your divorce agreement later on. The good news is that, under certain conditions, you may be able to make adjustments to your divorce agreement after the finalization of your divorce.
When can you modify a divorce agreement?
In Virginia, a divorce agreement can be modified under certain circumstances. The most common reasons for modification include changes in financial circumstances, the need for adjustments in child custody, or changes in the needs of the children involved. For instance, if your ex-spouse suddenly experiences a significant increase in income, or if you lose your job, you might be able to request a modification of child support or spousal support.
Modifying spousal support
One of the more common changes people seek after a divorce is a modification of spousal support (alimony). To modify spousal support in Virginia, you need to show a significant change in circumstances that affects the original agreement. This could include a change in your income, a change in your spouse’s income, or other factors like health issues or remarriage. The court will consider whether the circumstances warrant a change and whether the modification is in line with the original terms of your agreement.
Modifying child custody and support
Changes in your children’s needs can also lead to a modification of child custody or child support arrangements. For instance, if one parent moves to a different state or if a child’s needs change, a judge may agree that a modification is necessary. However, child custody modifications are usually only granted when there has been a material change in circumstances that impacts the child’s best interests.
The process of modifying your divorce agreement
To modify a divorce agreement in Virginia, you must file a motion with the court that issued the original divorce decree. The court will review the request and the supporting evidence before deciding whether a modification is appropriate. Keep in mind that the court will not automatically approve the changes—there must be a valid reason for the modification.
Modifying your divorce agreement isn’t always easy, but it’s possible when life’s circumstances change. Make sure you meet all the legal requirements to ensure the process goes smoothly.
