Once your divorce agreement or order is finalized, you will likely want to avoid starting the litigation process over. However, changes in circumstances can necessitate modifications to your divorce order. To ensure that your modifications meet your current needs, a divorce modification lawyer in Chesapeake can help with changes.
At Melone Hatley, P.C., we are your partner during all family law matters and will work with you to help you through the modification process. Our team of experienced Chesapeake divorce lawyers will use all of the resources at our disposal to help get you the results you desire. Contact us today to set up a free case evaluation with one of our client service coordinators.
Common Changes a Divorce Modifications Attorney in Chesapeake Can Help You Make
Changes in your life or the lives of your former spouse or children can create the need to modify the terms of your divorce agreement or order. Some of the most common modifications requested include changes to:
- Child custody and visitation
- Child support
- Spousal support
An experienced Chesapeake family lawyer from our firm will help you through the modification process from start to finish.
Child Custody and Visitation Modifications
Many things can cause you or your former spouse to seek to modify the terms of your child custody and visitation order. A judge may grant a modification for a variety of reasons, including:
- Changes in work schedules
- Job relocation
- Changes in living conditions
- Remarriage or other changes to the household
A significant change in your or your former spouse’s work schedule can create the need to modify your custody agreement or order so that your children get the care they need. In extreme cases where one parent must relocate for their job, a joint custody arrangement may no longer be feasible.
Relocation cases differ significantly from typical modification cases.
If either parent relocates, a judge might reassess the custody arrangement. The decision to modify depends on how the new living conditions and neighborhood differ from the previous environment. Changes that significantly alter your child’s standard of living or safety may prompt adjustments to ensure their well-being.
Remarriage or cohabitation with a new partner can also be grounds for changing a custody arrangement. This modification is especially pressing if the new member of the household poses a potential risk to the health and safety of your children.
Child Support Modifications
Significant changes in either parent’s financial situation can create a need to modify the amount of child support being paid. If the parent paying child support loses their job and experiences at least a 25% reduction in pay, they may no longer be able to afford to make payments at the original rate.
Alternatively, if they receive a significant boost to their earnings (at least 25%), they may be required to make larger child support payments.
Any substantial alterations to the income of the parent receiving child support payments can also cause a judge to grant a modification request. Additionally, changes to the financial needs of your children can be grounds for approving a modification. For example, your child’s costs for school tuition, daycare, medical care, insurance, or other needs decrease or increase by at least 25%.
Of course, any modifications made to the custody agreement or order can affect child support. For example, if primary custody shifts from one parent to the other, the parent who formerly had primary custody and received payments will now likely be responsible for making child support payments.
Spousal Support Modifications
Modifications to your spousal support agreement or order may be granted if there are significant changes to either party’s household income. For example, if the party who has been receiving spousal support gets remarried, the judge may order the termination of these payments altogether.
How to Go About Modifying Your Divorce Order
The process for modifying the terms of a finalized divorce order or agreement can be complex, and seeking a modification on your own can be difficult and lead to greater problems. Fortunately, an experienced Chesapeake divorce modifications attorney can help you through every step of the modification process.
After hiring an experienced lawyer to help with your case, they will help you file a petition with the appropriate court for a modification. This petition must include all the statutory requirements for a modification under VA. Code Section 20-108. After you file, the opposing party will be able to review and respond to your petition.
The next steps in the process will be to conduct discovery, file and respond to various motions, work to settle the matter with your former spouse out of court, and, if necessary, set a trial date.
If your modification case proceeds to trial, your experienced divorce modification lawyer serving Chesapeake will argue your case with a judge.
When Your Ex-Spouse Is the One Petitioning for a Divorce Modification
Of course, you may not be the one seeking to modify the terms of your divorce agreement or order. If your former spouse petitions the court to make a change, an experienced divorce modifications lawyer in Chesapeake can help ensure your rights are protected.
Even if you and your former spouse agree that a change is warranted, you will likely have different views regarding the specifics of the modification. At Melone Hatley, P.C., we will work to protect your rights and ensure that any modification order is drafted fairly.
Chesapeake Divorce Modifications
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Reach Out to an Experienced Divorce Modifications Lawyer Serving Chesapeake Today
If the original terms of your divorce order or agreement need to be modified, hiring an experienced divorce modification attorney serving Chesapeake is the best way to improve your chances of an outcome that meets your needs. At Melone Hatley, P.C., we have represented clients in modification cases for over a decade.
Contact us through our website or by phone to set up a free initial case review with a member of our team today.
