When the circumstances of your life or the lives of your former spouse or children change at any point after your divorce order is finalized, you may need to modify the terms of your divorce order. Common reasons for seeking a modification include remarriage, relocation, or a change in income. A Norfolk divorce modifications lawyer will help protect your rights.
At Melone Hatley, P.C., our legal team has more than 30 years of combined experience, which we will use to help ensure the outcome of your modification case meets your goals. Reach out to us today to learn more about how our Norfolk divorce lawyers will help with your case by scheduling a free case evaluation with one of our Client Services Coordinators today.
Requesting a Modification to Your Divorce Order
A variety of factors must be taken into account when working to modify the terms of a divorce order. Because of the complex nature of these cases, attempting to secure a modification on your own is challenging. Securing the services of an experienced Norfolk family lawyer will prove essential for ensuring an outcome that aligns with your goals.
When you hire an attorney, one of the first steps they will take will be to file a petition to modify your divorce order under the guidelines set out in VA Code § 20-108. Once the modification petition has been submitted, the legal process will be set in motion. Once you file, your ex-spouse will be notified and have an opportunity to submit a response.
The divorce modification process will likely include the following:
- Discovery: The process in which both parties share the relevant information they have gathered about the case with each other
- Motions: Each party will have the option of filing legal motions related to certain aspects of the case
- Negotiation: Former spouses often take steps to avoid a contentious trial by attempting to negotiate terms for an agreement related to the proposed modifications
- Trial: If the two parties cannot agree on a settlement deal, the court will need to make a ruling regarding the modification petition after hearing arguments from both sides
An experienced divorce modifications attorney in Norfolk will help you every step of the way when going through the divorce order modification process.
Your Options When Your Former Spouse Makes a Modification Request
Hiring an experienced divorce modifications lawyer in Norfolk will also prove essential if your ex-spouse is the one seeking a modification. Your attorney will help you prepare your response to the request while protecting your rights and fighting for your goals.
Even if you agree with your former spouse that a modification is necessary, you likely won’t agree to the terms of the modification.
At Melone Hatley, P.C., we will protect you throughout the divorce modification process and ensure that your interests are represented.
Modifications Commonly Sought With Help From a Divorce Modifications Attorney in Norfolk
A modification to the terms of your divorce order may be necessary if there are any major changes in your life or the lives of your former spouse or children. Some of the divorce terms that most frequently need to be modified include:
- Child custody and visitation
- Child support
- Spousal support
Modifications to Child Custody and Visitation
There are a variety of life changes that could lead you or your former spouse to attempt to modify the terms of your child custody and visitation order, including:
- Remarriage or any other change to the household: If either party remarries or begins to cohabitate with someone who potentially poses a threat to the health, safety, or overall well-being of your children, the court will consider modifying the custody and visitation arrangement.
- Work schedule changes: If your or your ex-spouse’s work schedule changes, a modification may be needed to ensure proper care for your children.
- Alterations to living conditions: A move that significantly changes the living conditions in your home or the home of your former spouse for your children may prompt the judge handling your case to grant a modification request.
- Job relocation: If either parent needs to relocate to a new city for work, maintaining a joint custody arrangement may not be possible. The process for making a custody and visitation change related to a job relocation differs from the standard modification process.
Modifications to Child Support
Either parent may petition for a modification to the terms of a child support order if either party faces significant financial changes. For example, if the parent who has been making child support payments is let go from their job, the amount they have to pay may be temporarily reduced. At the same time, a large increase in pay may result in higher support payments.
Another reason the court may grant a modification is if the financial needs of your children significantly change. Health problems are one of the most common issues that change a child’s financial needs. Whether related to health or another financial need, changes in the cost of raising your child may lead to a change in child support.
If there is a modification to your child custody order, there will almost certainly be a need to modify your child support payments. For instance, if the parent who had been paying support is granted primary custody, they will likely begin to receive support payments after the change.
Modifications to Spousal Support
The majority of modifications to Virginia spousal support orders are granted following a substantial change to either party’s household income. In cases where the party receiving spousal support remarries, the court will most often terminate spousal support payments outright.
Get Help From an Experienced Divorce Modifications Lawyer Serving Norfolk County Today
When you or your former spouse are seeking a modification to the terms of your divorce order, the best way to improve your chances of a favorable outcome is to hire an experienced divorce modification attorney serving Norfolk. At Melone Hatley, P.C., we have been helping clients with every aspect of the divorce modification process for the last decade.
Reach out to us through our website or by phone to set up your free case review today. You can get a better idea of the service we provide to our clients by reading our client testimonials.
