Going through a divorce can be a difficult and lengthy process. Divorces are often emotionally charged and can cause you severe stress. After finalizing your divorce, the thought of opening it all back up can be unpleasant. However, you may find yourself in a situation where you need or want to alter the terms of your divorce. If so, a Virginia Beach divorce modifications attorney can help.
At Melone Hatley, P.C., we have been helping our clients overcome the challenges presented by attempting to modify the terms of a divorce agreement or order for over a decade. Our team of experienced and award-winning Virginia Beach divorce lawyers will do everything in their power to protect your rights and achieve your goals. Reach out today to schedule a free case evaluation with a member of our team.
This guide will teach you how to identify and avoid the ten most common mistakes people make in a divorce.
After finalizing the terms of your divorce, there are several reasons you may want to modify or change the terms of the original divorce settlement or divorce order. However, attempting to work through this complicated legal process on your own can be incredibly challenging. Fortunately, an experienced divorce modification lawyer can help you navigate every step of the process.
When filing for a modification of your divorce order, the first step is to file a petition, in the appropriate court, for the modification. Your petition must include the statutory requirements for the modification, Va. Code Section 20-108. Once the petition is filed, the opposing party can review it and respond.
The next steps will be to conduct discovery, file and respond to motions, attempt to settle the matter, and scheduling an actual trial date.
If you do need to have a trial on this issue, your Virginia Beach family lawyer will present the case they have prepared as they attempt to secure the modifications you desire.
Of course, you may also find yourself in need of an experienced divorce modifications lawyer if your former spouse seeks to make a change to your original divorce settlement or divorce order.
Even if both parties are in agreement that a change should be made, there are likely going to be discrepancies in the specific changes that each side proposes. At Melone Hatley, P.C., we will work diligently to protect your rights, this includes a full evaluation of the implications of the modification and ensure that the new modified order is drafted fairly.
There are a variety of ways things about your original divorce settlement that you may wish to modify. Some of the most common modifications people request are:
Many changes can occur in your life, the life of your former spouse, or your child that can lead you to want to modify the terms of the child custody arrangement or order that was created as part of your divorce. Some of the leading reasons people seek to alter their custody agreement include:
If you or your former spouse remarry, begin living with a new partner, or undergo some other change to the setup of either household, there might be a good reason to alter your child custody agreement. This need is especially great if there are concerns for the safety of your children in regard to this new living arrangement.
Another reason to request a custody change could be if one parent moves into a new home with living conditions that are drastically different. If the new living conditions are significantly more or less suitable for children, a judge may see a reason to make a change.
Any major shift in either party’s work schedule can also necessitate an adjustment to the custody agreement to ensure that the parent and child schedules align. Furthermore, a joint custody agreement may no longer be an option if one party has to relocate for work.
If one parent is planning to relocate out of the area, this can necessitate modification; however, relocation cases are much different than a normal modification case. You can read more about relocation with a child post separation or divorce here
Any substantial and material change in the financial situation of either parent can warrant a modification to the amount of money being paid in child support. For example, if the parent paying child support gets laid off from work, they may no longer be able to pay the amount of money that was originally settled upon in the divorce agreement.
Alternatively, if they receive a significant increase in their income, they may need to pay more than they were paying before. At the same time, if the amount of money being earned by the parent who is receiving child support alters drastically, the money they receive could be increased or decreased based on their earnings.
If there were modifications made to the original child custody agreement, and the primary custody of the children shifts from one parent to the other, the parent who was previously paying child support may now be receiving support instead.
As with modifications to a child support agreement, any drastic changes to the income being earned by one party or the other can be grounds for altering the amount of money to be paid in spousal support.
If you are interested in changing the amount you are paying or receiving through spousal support, an experienced divorce modification attorney serving Virginia Beach can help.
If changes in the circumstances of your life necessitate a change to your divorce agreement, the best way to ensure favorable modifications to your situation is by hiring an experienced award-winning divorce modifications attorney. At Melone Hatley, P.C., we are ready and willing to help you as you pursue modifications to your divorce agreement.
Contact us by completing our contact form or giving us a call and schedule your free, no-obligation case review today.
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